Employment

  • July 21, 2017

    Pepperdine Coach Ousted Lesbian Player, Jury Hears

    One of two former female Pepperdine basketball players suing the university over sexual orientation discrimination told a California jury on Friday that the head coach forced her off the team after she complained about the athletic staff’s harassment and being blocked from playing.

  • July 21, 2017

    Ill. Ducks Human Service Coalition's Pay Suit

    A lawsuit that would have forced the state of Illinois to pay out tens of millions of dollars to human and social service agencies contracted with the state has been dismissed from St. Clair County Court, the coalition announced Thursday.

  • July 21, 2017

    DOL Agenda Looks To Deliver On Regulatory Relief Promises

    The regulatory agenda unveiled by the Trump administration on Thursday added the U.S. Department of Labor's 2011 rule barring restaurants from including nontipped workers in tip pools to the long list of Obama-era workplace regulations currently on the chopping block. Here, attorneys discuss what the latest regulatory outlook means for employers.

  • July 21, 2017

    Puerto Rico Pension Law Spurs Bondholder Suit Against US

    A group of investors with billions at stake in Puerto Rico public pension bonds has sued the United States, saying a federally appointed oversight panel played an outsize role in the passage of recent legislation that unconstitutionally diverts their secured collateral in employer pension contributions.

  • July 21, 2017

    IDT Can't Escape $1.5M Verdict For Former Exec

    IDT Corp. lost its bid to avoid paying an additional $1.5 million in severance to a former company executive on Friday when a New Jersey state appeals court found there was sufficient evidence for jurors to conclude the parties had entered into an enforceable oral agreement for such a payment.

  • July 21, 2017

    Dow’s Trade Secrets Suit Doesn’t Belong In Del., Court Told

    A Turkish chemical company said Friday that its scant corporate ties to Delaware failed to support Chancery Court jurisdiction for a Dow Chemical Co. lawsuit seeking broad damages for the alleged theft of Dow secrets used to make competing products.

  • July 21, 2017

    AT&T Looks To Ditch Firing Suit Over Sexual Orientation

    AT&T Mobility Mobility Svcs LLC urged on Friday an Illinois federal judge to dismiss a former executive sales manager's suit alleging he was demoted and later fired for being gay, saying that a previous dismissal bars him from reopening the suit.

  • July 21, 2017

    Ex-Chicago Teamsters Chief Pleads Not Guilty To Extortion

    The former leader of the Teamsters in the Chicago area appeared in Illinois federal court Friday to answer to charges he extorted a local business, entering a plea of not guilty to allegations he used threats of labor action to collect $100,000.

  • July 21, 2017

    Ole Miss Football Coach Resigns Amid Suit From Predecessor

    The University of Mississippi on Thursday said that head football coach Hugh Freeze resigned after a “pattern of personal misconduct” came to light amid a lawsuit by his predecessor alleging that the school was scapegoating him for a separate NCAA infractions case involving the football team.

  • July 21, 2017

    Ex-HR Director Sues Tata For Gender Discrimination

    The former human resources director of Tata Communications Inc.'s New Jersey offices is alleging gender discrimination against the company, claiming in a lawsuit removed Friday to federal court that she was paid a salary tens of thousands of dollars less than the average of her male counterparts.

  • July 21, 2017

    2nd Circ. Backs Trader’s $1.1M Unpaid-Wage Win, Adds Fees

    A bond trader fired by Odeon Capital Group LLC who won $1.1 million from his former employer over unpaid wages had his win confirmed by the Second Circuit on Friday, with the court tacking on attorney’s fees and rejecting Odeon’s claims that the decision was tainted by perjury.

  • July 21, 2017

    Ky. Couples Win Fees In License Row Despite Magistrate

    Couples suing a Kentucky county clerk for refusing to give them marriage licenses as part of her protest against same-sex marriage are entitled to attorneys’ fees even though their case ended up getting dismissed, a Kentucky federal judge said Friday in shooting down a magistrate judge’s recommendation to deny fees.

  • July 21, 2017

    NJ Court Upholds Judgment For Whistleblower City Atty

    A New Jersey state appeals court on Friday upheld a default judgment against the city of Orange in a whistleblower suit from a former assistant city attorney, saying a trial court properly struck Orange's answer with prejudice after the municipality failed to provide its reasons for firing the lawyer in writing.

  • July 21, 2017

    NJ Court Won't Halt Christie's IT Dept. Decentralization

    The New Jersey Appellate Division on Thursday declined to halt Republican Gov. Chris Christie’s executive order to decentralize the state’s Office of Information Technology workers and disband them to the respective agencies they serve, a move the office’s union says could compromise the quality of the state’s computer systems.

  • July 21, 2017

    Key ACA Repeal Elements Need 60 Votes

    Important parts of Affordable Care Act repeal legislation cannot be approved in the U.S. Senate with a simple majority, dealing a fresh setback to the Republican repeal effort, according to procedural rulings Friday.

  • July 21, 2017

    DOL Tells Wells Fargo To Rehire, Pay Calif. Whistleblower

    The U.S. Department of Labor on Friday preliminarily ordered Wells Fargo & Co. to reinstate and pay a former Pomona, California, branch manager $577,500 in back wages, damages and other fees, after the bank terminated her allegedly for reporting private bankers were engaging in bank, wire and mail fraud.

  • July 21, 2017

    Nurse Properly Fired For HIPAA Violation, Ky. Court Rules

    A Kentucky appellate panel on Friday affirmed the dismissal of a suit accusing a hospital of unlawfully firing a nurse for violating the Health Insurance Portability and Accountability Act by disclosing a patient’s confidential health information, rejecting the nurse’s argument that the disclosure was incidental.

  • July 21, 2017

    Biz Groups Continue 5th Circ. Attack On DOL Fiduciary Rule

    Several financial and insurance industry groups, including the U.S. Chamber of Commerce, urged the Fifth Circuit on Thursday to rule against the U.S. Department of Labor’s fiduciary rule for retirement account advisers, saying the rule’s definition of a fiduciary “defies centuries of precedent.”

  • July 21, 2017

    Uber Seeks Sanctions In Driver Misclassification Suit

    A law firm representing a class of Uber drivers claiming they were misclassified as independent contractors and denied appropriate tips has improperly used a list of class members to solicit future clients, Uber told a California federal court on Thursday, seeking sanctions while the drivers’ lawyers called the argument “patently frivolous.”

  • July 21, 2017

    Medical Malpractice Cases To Watch In The 2nd Half Of 2017

    A bid to have the U.S. Supreme Court review a Florida statute giving patients access to hospital incident reports and a looming California ruling affecting doctors on workers' compensation panels are among the medical malpractice cases attorneys will be following in the second half of 2017. Here, Law360 takes a look at four pending cases.

Expert Analysis

  • The Elephant In The Room: Advancing Women To Partnership

    Anusia Gillespie

    Despite more focus and investment, the numbers continue to show little progress in advancing women to the top tiers of firm leadership. Considering the irreversible nature of the transformation of the market for top talent, it is time to start experimenting and innovating from the core, rather than from the periphery, say Anusia Gillespie and Scott Westfahl of Harvard Law School.

  • How Midsize Law Firms Can Minimize Cybersecurity Threats

    K. Stefan Chin

    It can be challenging for midsize law firms to develop an enterprise cybersecurity program that mitigates the eminent threat of data breach and meets the regulatory and compliance requirements of the firm and its clients. This challenge becomes daunting when considering the steady rise in client audits, say K. Stefan Chin of Peckar & Abramson PC and John Sweeney of Logicforce.

  • What To Know About Proposed Changes To Tip-Pooling Rule

    Susan Schaecher

    The U.S. Department of Labor recently announced plans to propose a full rescission of its controversial tip-pooling restrictions. While the announcement does not immediately change existing law, it sets into motion regulatory action that could aid hospitality employers across the country, says Susan Schaecher of Fisher Phillips.

  • When LinkedIn Emails Don't Violate A Noncompete

    James Patton Jr.

    An Illinois state appeals court's recent decision in Bankers Life & Casualty v. American Senior Benefits serves as another reminder to employers that the type of activity in question is crucial in determining whether an individual violates his or her nonsolicitation agreement on social media, say James Patton Jr. and Tae Phillips of Ogletree Deakins Nash Smoak & Stewart PC.

  • Why 2nd Circ. Review Of Sexual Orientation Claim Matters

    Raymond Wendell

    Considering the U.S. Supreme Court may soon determine whether Title VII prohibits sexual orientation discrimination, it's tempting to view the Second Circuit's recent decision to reconsider en banc Zarda v. Altitude Express as having little long-term consequence. But this question's history and the interests at stake caution against underestimating its importance, say Raymond Wendell and Katharine Fisher of Goldstein Borgen Dardarian & Ho.

  • Equity And Incentive Compensation Plans For Startups

    Excerpt from Lexis Practice Advisor
    Jotham Stein

    To effectively advise startups, and the investors that frequently finance them, it is imperative to understand startup equity and incentive compensation structures. Jotham Stein of the Law Offices of Jotham S. Stein PC discusses common compensation practices of investor-backed, Kickstarter-funded and bootstrapped startup enterprises.

  • Weekly Column

    Innovating For Wise Juries: Matching Experts

    Stephen Susman

    In the penultimate installment of this series, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project answer a question on many legal analysts’ minds: What if both sides’ expert witnesses sat in a hot tub discussing the case while a jury watched?

  • Rebuttal

    The Rise Of Midsize Firms

    Ronald Shechtman

    Recently, this publication featured an op-ed in which one law firm partner contended that midsize firms will be the next casualty of the legal market, due to a supposed inability to compete with BigLaw or boutique firms for business. Though we can expect to see Am Law firms continue to lead the market in megadeals and life-or-death litigations, by all indications midsize is on the rise, says Ronald Shechtman of Pryor Cashman LLP.

  • Resolving Class Claims Individually Post-Fulton Dental

    Arsen Kourinian

    Expanding on the U.S. Supreme Court’s Campbell-Ewald ruling, the Seventh Circuit’s recent decision in Fulton Dental v. Bisco further restricts a defendant’s ability to individually resolve a putative class action. Arsen Kourinian of McGuireWoods LLP discusses whether there are other procedural mechanisms that would permit a defendant to provide an unwilling plaintiff full relief in order to moot class claims.

  • War Of The Employment Class Waivers: 6th Circ. Weighs In

    Jeffrey Ranen

    With its recent decision in National Labor Relations Board v. Alternative Entertainment, the Sixth Circuit created an even three-to-three circuit split over the enforceability of class action waivers in employment arbitration agreements. Jeffrey Ranen and William Sung of Lewis Brisbois Bisgaard & Smith LLP examine the divide in the circuit courts up to this point, and predict how the U.S. Supreme Court will rule on this issue.