• February 17, 2017

    O'Bannon Attys Tell 9th Circ. NCAA Must Pay $42M Fee Award

    Attorneys for the student-athletes who obtained a ruling preventing the NCAA from capping what schools can provide them below the full cost of attendance told the Ninth Circuit on Thursday they are entitled to over $42 million in attorneys’ fees. 

  • February 17, 2017

    DOL Notches Win Against Insurer's Fiduciary Rule Challenge

    A Kansas federal judge on Friday sided with the U.S. Department of Labor in upholding a new fiduciary rule for retirement account advisers related to fixed indexed annuity sales, finding the agency did not exceed its authority in ushering it in.

  • February 17, 2017

    Ill. High Court Lets Railroad Employer Dodge Injury Suit

    Union Pacific Railroad Co. was improperly found liable for an employee's injuries, the Illinois Supreme Court ruled Friday, finding that railroad employers can pass off workplace injury liability to a third party in certain cases.

  • February 17, 2017

    6 Acosta NLRB Opinions Employers Need To See

    During his days on the National Labor Relations Board, Labor Secretary nominee Alex Acosta exhibited an independent and nonpartisan approach toward evaluating cases, voting alongside fellow Republicans in favor of employers in key cases while also not shying from occasionally siding with unions. Here, Law360 looks at six notable cases from Acosta's time on the board.

  • February 17, 2017

    Ex-HD Supply Managers Sue In Chancery Over Stock Awards

    Two high-ranking employees of HD Supply Holdings Inc.’s former Power Solutions unit launched a class action in Delaware Chancery Court late Thursday claiming their stock compensation did not fully vest as promised when the subsidiary was sold to Anixter International Inc.

  • February 17, 2017

    Kuwaiti Cos. Can't Exit FCA Suit Over Service Process

    A George federal judge on Friday declined for the time being to dismiss a False Claims Act suit brought against Kuwaiti companies contracted to feed U.S. armed forces in the Middle East, saying they have been sufficiently served.

  • February 17, 2017

    Plaintiff's Lawyer Fights Reed Smith Atty's Sanctions Bid

    An employment attorney who allegedly said that a Reed Smith LLP partner was displaying "female energy" during a deposition pushed back against a bid to sanction him for his remarks, telling a California federal court Thursday there has been hostility throughout the underlying wage-and-hour suit from counsel on both sides. 

  • February 17, 2017

    Ex-Workers Want Info From T-Mobile Retailer In Wage Suit

    Two former sales representatives bringing a proposed class action wage suit against a T-Mobile retailer with more than 250 locations asked an Illinois federal court Friday to force the company to cough up information relevant to their discovery requests and sanction it for dragging its feet on doing so.

  • February 17, 2017

    EEOC Says Conciliation Info From Dollar General Must Go

    The U.S. Equal Employment Opportunity Commission asked an Illinois federal court on Thursday to strike a sealed document referencing the presuit confidential conciliation process, arguing that placing it in the record during a suit alleging the company’s background checks were racially discriminatory jeopardized the commission’s ability to conduct frank discussions.

  • February 17, 2017

    Wynn Las Vegas Dodges Stagehands' Claims It Didn't Bargain

    A National Labor Relations Board judge on Thursday dismissed a case brought against Wynn Las Vegas LLC over its alleged refusal to engage in bargaining negotiations with a theatrical stagehands’ union, saying no bargaining obligation attached to the hotel as successor to the previous employer.

  • February 17, 2017

    Court Nixes Construction Worker’s Restaurant Injury Benefits

    A Pennsylvania appeals court on Friday slapped down a state Workers’ Compensation Appeal Board finding that a construction worker was eligible for benefits for an injury that occurred while he was doing work for a new restaurant.

  • February 17, 2017

    Feds Owe Employees Who Worked Through Shutdown: Court

    About 25,000 government employees who worked without timely pay during the October 2013 partial government shutdown are entitled to liquidated damages, a federal claims judge has ruled, saying she was unconvinced by the government’s argument that it had acted in good faith.

  • February 17, 2017

    Jury Awards Family $4M In Trucking Crash Suit

    A Florida jury awarded $3.92 million on Friday to surviving family members in a suit against a trucking company and a staffing firm that resulted from a terrible 2012 highway crash, but attributed much of the fault to a drunk driver who is not a defendant.

  • February 17, 2017

    Academy Of Art Nears $3M Wage Deal With Instructors

    A San Francisco judge said at a hearing Friday that, pending minor changes, he will grant preliminary approval to a $3.095 million deal between the Academy of Art University and more than 3,000 part-time, nonsalary instructors alleging the school failed to pay owed wages.

  • February 17, 2017

    NHL’s CTE Stubbornness Isn't A Good Look Or Legal Defense

    Faced with a proposed class action alleging it hid the dangers of head injuries in professional hockey and encouraged violence in the game, the NHL has chosen to attack the idea of a link between repeated head trauma and the much-publicized brain disease CTE, bucking a majority of scientists and medical experts, in a move that has many legal experts baffled.

  • February 17, 2017

    Applebee's Franchisee Tries Again To Escape Arbitration Suit

    An Applebee's franchisee has again asked a Florida federal court to throw out a case brought against it by the U.S. Equal Employment Opportunity Commission, saying Thursday the arbitration agreement it has required employees to sign does not restrict their rights to pursue discrimination claims.

  • February 17, 2017

    NY AG, Regulator Spar Over Cuomo's Banking Fraud Plan

    New York Gov. Andrew Cuomo’s proposal to expand the Department of Financial Services’ powers against financial fraud sparked a war of words this week, with Attorney General Eric Schneiderman calling the proposal a "wholly unnecessary overreach by the executive," while the department’s superintendent labeled the objections as “petty concerns over turf.”

  • February 17, 2017

    ATopTech Fires Back At Objections Over Sale, Bonus Plans

    Software firm ATopTech Inc. on Friday countered arguments made by the U.S. trustee and Synopsys Inc. in objections over the company’s bid procedures and employee bonus plan, saying the requests are fair and reasonable and serve to get the best value out of its assets.

  • February 17, 2017

    Pa. Judicial Employees Can't Invoke Whistleblower Law

    A Pennsylvania appeals court issued a published decision on Friday agreeing that the judiciary’s constitutionally enshrined power to police itself barred a former Washington County probation officer from bringing a whistleblower claim against a top court administrator after he lost his job following an interview with detectives in an embezzlement probe.

  • February 17, 2017

    FCA Decision Tracker: Continued Interpretations Of Escobar

    The U.S. Supreme Court’s ruling in Universal Health Services v. Escobar continues to affect a range of False Claims Act cases. In the third installment of an ongoing series, Law360 looks at the latest court rulings to interpret the blockbuster decision.

Expert Analysis

  • Responding To A Politician’s Social Media Attack

    Arthur H. Kohn

    Rhetorical attempts by politicians to influence the conduct of private enterprise — commonly referred to as “jawboning” — are an old political tactic. But the nature and frequency of jawboning in the current environment makes this a serious issue for boards and management at a wide variety of public companies, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Securing An Ex Parte Seizure Remedy Under DTSA

    Kevin J. Burns,

    Despite much debate over the ex parte seizure of property provision of the Defend Trade Secrets Act, there has been little case law on such orders. However, while a California federal court did not issue a seizure order in OOO Brunswick Rail Management v. Sultanov, its recent opinion in the case remains instructive, says Kevin Burns of Fisher Phillips.

  • In Retrospect

    Relearning The Lessons Of Korematsu's Case

    Randy Maniloff

    Fred Korematsu’s U.S. Supreme Court case challenging President Franklin Roosevelt’s executive order that led to the incarceration of approximately 120,000 people of Japanese ancestry may sound like ancient history. However, Feb. 19 marks the 75th anniversary of the order's signing, and that it’s celebrating its diamond anniversary now is breathtaking timing, says Randy Maniloff of White and Williams LLP.

  • What A Justice Gorsuch Might Portend For FCA Enforcement

    Scott Stein

    While U.S. Supreme Court nominee Judge Neil Gorsuch has participated in only a few appeals of False Claims Act cases, his views suggest that companies and individuals subjected to FCA litigation based on disputed interpretations of agency regulations may find a sympathetic ear, say Scott Stein and Meredith Toole Reiter of Sidley Austin LLP.

  • How A General Counsel Should Think About AI: Part 2

    Bruce J. Heiman

    General counsels face the challenging task of understanding how companies can navigate the rules surrounding uses of artificial intelligence. To get smart on AI, general counsels must ask the right questions about areas such as human resources, intellectual property, liability and insurance, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • New Legal Challenges To Public Union Agency Fees

    Shannon D. Farmer

    Recent years have seen a surge of constitutional challenges to public unions’ right to require nonmembers to pay agency fees as a condition of continued employment. An evenly divided U.S. Supreme Court failed to resolve the issue in Friedrichs v. California Teachers Association, but new lawsuits are working their way through the federal courts and could reach the Supreme Court as early as next term, say attorneys with Ballard Spahr LLP.

  • My Strangest Day In Court: When My Expert Had A Meltdown

    Esther Holm

    As I was going through one of the plaintiff’s claims — post-traumatic stress disorder — with my expert witness, the good doctor could not even recall the elements of the disorder! Then, suddenly, he pointed his finger at a young juror, remembers Esther Holm of Lewis Brisbois Bisgaard & Smith LLP.

  • How A General Counsel Should Think About AI: Part 1

    Bruce J. Heiman

    Though the Trump administration has yet to make an official statement regarding artificial intelligence, support for AI is consistent with its expressed desire to promote American business. As such, general counsel will inevitably have to navigate what big data and AI mean for compliance with current and future laws and regulations, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • Game Clock Running Down, NLRB GC Turns To The Crowd

    Ryan Funk

    National Labor Relations Board general counsel Richard Griffin’s recent report discussing the rights of university faculty and students speaks not to the board, but instead to employers, labor unions and employees, and is being used as a novel, last-ditch attempt to use the court of public opinion to bolster changes Griffin oversaw during his tenure, says Ryan Funk of Faegre Baker Daniels LLP.

  • Gorsuch May Further Tip Balance Against Deference To EPA

    Kathryn M. Schroeder

    From an environmental law perspective, Judge Neil Gorsuch has shown a willingness to reassess Chevron deference to an agency’s interpretation of the statutes it implements. If confirmed to the U.S. Supreme Court, he could fan further interest in revisiting Chevron deference at a time when the court is actively considering what deference is due an agency when it interprets its own regulations, say attorneys with Bracewell LLP.