More Employment Coverage

  • February 26, 2021

    DOJ Suffers Rare Rejection Of Late FCA Case Takeover

    In an unusual defeat, the U.S. Department of Justice has been barred from joining a False Claims Act case after a Tennessee federal judge found it waited too long to intervene in whistleblower litigation alleging kickbacks among eye doctors.

  • February 26, 2021

    9th Circ. Revives Claims In Ore. Bar Membership Fee Row

    The Ninth Circuit on Friday partially revived lawsuits brought by attorneys challenging the Oregon State Bar's membership fee requirements, finding that neither the U.S. Supreme Court nor the circuit itself has yet addressed if the First Amendment tolerates mandatory bar memberships.

  • February 26, 2021

    Texas Court To Take Up Discovery Dispute In Death Suit

    The Texas Supreme Court on Friday agreed to take up a petition from a cabinet maker aiming to quash a trial court's order compelling it to produce an independent contractor as a witness in a suit over the death of a man who was struck by falling slab of granite.

  • February 26, 2021

    Steak 'N Shake Must Face Trial In Sex Assault Suit

    Burger chain Steak 'n Shake must face a former employee's decade-old sexual assault lawsuit after the Texas Supreme Court on Friday denied the restaurant's bid to challenge an appellate panel's decision to send the case to trial.

  • February 26, 2021

    Holiday Inn Employees' BIPA Suit Not Covered, Insurer Says

    Axis Surplus Insurance Co. doesn't want to touch a putative Illinois Biometric Information Privacy Act class action against the owner of a Holiday Inn, saying in a state court suit that a confidential information exclusion bars coverage for the hotel's alleged collection of employee fingerprints to record work hours.

  • February 26, 2021

    Ga. Law Firms' Trade Secrets Row Sent Back To State Court

    A trade secrets fight between two Atlanta-area law firms was kicked back to a Georgia state court Thursday by a federal judge who said an attempt to bring it to federal court came months too late.

  • February 26, 2021

    Legal Services Co. Must Hand Over Docs In Contract Dispute

    A Connecticut federal judge has ordered legal services firm Huseby LLC to hand over documents to its competitor Brandon Legal Tech LLC in a dispute over whether a former Huseby employee violated his noncompete and nondisclosure agreements.

  • February 25, 2021

    PwC Paints Whistleblower As Disgruntled Worker At Trial

    PricewaterhouseCoopers' counsel dug into the motives and frustrations of a former employee suing the auditing powerhouse for retaliation, suggesting during cross-examination in a California federal bench trial Thursday that his unfruitful complaints about the firm's auditing integrity to regulators stemmed from his long-brewing resentment over not being promoted.

  • February 25, 2021

    Universal Health Slams Class Cert. Bid In 401(k) Fee Suit

    Universal Health Services Inc. has slammed its workers' bid for class status in their challenge to the company 401(k) plan's investments and fees in Pennsylvania federal court, arguing that the plaintiffs only invested in seven of the 37 investment funds they say were imprudent.

  • February 25, 2021

    Texas Court Wipes Out $7M From Pipeline Explosion Verdict

    A Texas appellate court eliminated nearly all of the punitive damages awarded to the family of a man killed in a pipeline explosion, slashing a $7.7 million judgment against now-bankrupt Southcross Energy down to $800,000.

  • February 25, 2021

    Flooring Co. Accuses Rival Of Swiping Workers, Trade Secrets

    A Georgia-based flooring manufacturer is accusing a Chinese rival in a federal lawsuit of illegally stealing employees with valuable trade secrets and unlawfully using proprietary information to compete.

  • February 25, 2021

    Insurers Can't Be Charged For Medical Pot, Mass. Court Says

    A Massachusetts appellate court held on Thursday that a worker injured on the job can't charge his health insurer for the cost of his medical marijuana, citing a precedent-setting case from last year that settled the issue in the Bay State.

  • February 25, 2021

    High Court Finds FTCA Judgment Bars Police Brutality Suit

    The Supreme Court on Thursday overturned a decision allowing a man to sue federal officers for a violent arrest, finding that the trial court's judgment throwing out his Federal Tort Claims Act suit against the government blocks any suit based on the same event against the officers involved.

  • February 24, 2021

    Ex-PwC Worker Put In Hot Seat Over Rude Texts, Emails

    PwC's counsel elicited testimony Wednesday in a California federal bench trial implying an ex-employee suing the auditing powerhouse for retaliation was fired for being unprofessional rather than for his purported whistleblowing, bolstering the cross-examination with text and email evidence of him criticizing colleagues and calling a superior a "pussy."

  • February 24, 2021

    Ex-Cargill Worker Indicted Over Cash, Vacation Bribes

    A North Carolina federal jury indicted a former Cargill Inc. employee on charges that he took thousands of dollars in cash, lavish vacations and other gifts in exchange for helping a company fraudulently overcharge his employer for materials, the U.S. Department of Justice said Wednesday.

  • February 24, 2021

    Huawei IP Theft Trial Delayed For A Year Amid Virus

    A Washington federal judge agreed Wednesday to delay by one year an October trial over Huawei's alleged theft of T-Mobile's trade secrets, a day after federal prosecutors and the Chinese chipmaker told the jurist that the coronavirus pandemic had made it difficult to communicate with witnesses in China and elsewhere.

  • February 24, 2021

    Facebook Can't Pause Discovery In Startup's Trade Theft Case

    A Massachusetts federal judge on Wednesday denied Facebook Inc.'s request to halt all discovery in a startup's trade secrets suit, ordering the companies back to the negotiating table to hash out disagreements with a warning not to come back empty-handed.

  • February 24, 2021

    NJ Baking Co. Must Face Amputation Claims Despite Sale

    A New Jersey state appeals court on Wednesday revived claims that a baking company failed to ensure a facility was safe before its owners sold their interest in the plant and an employee's arm was amputated, finding the business owed a duty of care to the worker with respect to its prior safety inspections.

  • February 23, 2021

    PwC 'Punished' Thorough Auditing, Whistleblower Testifies

    PricewaterhouseCoopers LLP went easy on companies during audits to stay "market-competitive," an ex-employee suing the accounting behemoth for firing him after he purportedly reported unethical auditing practices told a California federal judge Tuesday during a bench trial.

  • February 23, 2021

    Should An Atty Lead HHS? Lawmakers Debate Pros And Cons

    U.S. senators diverged Tuesday over the California attorney general's qualifications to lead the U.S. Department of Health and Human Services, with critics questioning the nominee's health care credentials and supporters emphasizing his penchant for suing hospitals and drugmakers over controversial pricing practices.

  • February 23, 2021

    Tyson Asks 8th Circ. To Keep COVID-19 Suits In Fed. Court

    Tyson Foods is asking the Eighth Circuit to ensure that a pair of lawsuits alleging shoddy safety measures in its meat plants led to several worker deaths from the coronavirus stay in federal court, arguing it's entitled to the venue because it acted under federal authority in maintaining its operations.

  • February 23, 2021

    DOL Nominee Walsh Skewed Probe To Hurt Rival, Court Told

    Boston's former health and human services chief told a federal judge Tuesday he was fired after a shoddy sexual harassment investigation backed by Mayor Marty Walsh because the mayor and now soon-to-be U.S. labor secretary wanted to eliminate a political rival.

  • February 23, 2021

    Texas Justices Told Contractor Suit Should Be Revived

    The Texas Supreme Court debated Tuesday the extent of control a construction company would need to exercise over an independent subcontractor to be held liable in a personal injury suit as it reviewed a lower court's decision to allow the case to move forward.

  • February 23, 2021

    Judge Appointees Not 'Employees' Under Pa. Records Law

    Judges appointed to fill vacancies in Pennsylvania state courts are not "employees" whose applications are protected from disclosure under the state's open-records law, nor are the applicants who aren't selected, a Commonwealth Court panel ruled Tuesday.

  • February 23, 2021

    Wife Can't Blame Husband's Co. For Her COVID-19 Infection

    A California federal judge has thrown out a woman's bid to hold her husband's employer responsible for her COVID-19 infection, finding that her claims that her husband contracted the disease at work and then passed it on to her are barred by the state's workers' compensation law.

Expert Analysis

  • Employer-Friendly Changes May Revive H-1B Visa Program

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    Recent H-1B visa program improvements that are favorable to employers — such as e-registration and more predictability in U.S. Citizenship and Immigration Services decision making — may lead companies to reconsider this visa category as a resource for adding foreign-national talent to their workforce, says Matthew Minor at Hammond Neal., says Matthew Minor at Hammond Neal.

  • What Biden's Ethics Pledge Means For Gov't Revolving Door

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    Attorneys at Nossaman look at how President Joe Biden’s ethics pledge goes beyond those of his predecessors by imposing post-employment shadow lobbying and golden parachute restrictions on his administration’s appointees — and how a House bill proposing expansion of federal ethics law could affect enforcement.

  • Punishing Bar Exam Policies On Menstrual Products Must Go

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    Law graduates across the states are sitting for the grueling two-day bar exam this week despite menstruation-related barriers, such as inadequate menstrual product and bathroom access, which could be eradicated with simple policy tweaks, say law professors Elizabeth Cooper, Margaret Johnson and Marcy Karin.

  • Mitigating BIPA Suit Risk Under Alternative Liability Theories

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    A recent Illinois federal court decision allowing a suit to proceed against Enterprise Leasing and its parent company for violating the state's Biometric Information Privacy Act shows why even companies that don't directly use biometric data must take proactive contractual measures to mitigate alternative liability exposure, says David Oberly at Blank Rome.

  • It's Time For Law Firms To Start Loving And Leveraging Data

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    The volume and diversity of data managed by law firms today — from client files to internal financial records — may seem daunting, but when properly organized, good data can help practitioners stay competitive by providing sharper insight into firm resources and cost of work, say Jaron Luttich and Barry Wiggins at Element Standard.

  • A Tough Road Ahead for Democrats' Ambitious Policy Agenda

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    While Democrats in Congress are well on their way to enacting an initial COVID-19 relief bill, they will face challenges when pivoting to President Joe Biden's Build Back Better goals for job creation and economic revitalization, say Russell Sullivan and Radha Mohan at Brownstein Hyatt.

  • Keys To Protecting Clients During Law Firm Dissolution

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    Whether a law firm dissolution is amicable or adversarial, departing attorneys should take steps to maintain their legal and ethical responsibilities toward clients, and beware client confidentiality pitfalls when joining new firms, say John Schmidt and Colin Fitzgerald at Phillips Lytle.

  • Time For Federal Action To Ban Noncompetes

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    Now, more than ever, workers should have the freedom to work, so the pro-worker Biden administration should follow some states' lead and end the use of noncompetes, says Gerald Sauer at Sauer & Wagner.

  • How Case Management Orders Can Support New Attorneys

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    Courts are leading the way in ensuring oral argument opportunities for newer attorneys by incorporating innovative language in a variety of orders, and private parties can and should follow suit by incorporating similar language into case management orders, say Megan Jones and Halli Spraggins at Hausfeld.

  • The Employment Immigration Landscape Is Already Changing

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    Recently proposed immigration legislation and other Biden administration actions that suspended or reversed Trump-era orders affecting noncitizens are reforms that may provide stability for some employers of foreign nationals while creating new difficulties for others, says Eleanor Pelta at Morgan Lewis.

  • Effective E-Discovery Of Chat Apps In Gov't Investigations

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    With the increasing reliance on multiple messaging applications for business conversations in the remote working environment, companies can implement several best practices for collecting, reviewing and producing data, despite an absence of guidance on discovery obligations in government investigations, say Jason Weinstein and Katie Dubyak at Steptoe & Johnson.

  • An In-House Counsel's Guide To Better Work Management

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    Amid economic uncertainty and increasing pressure on corporate legal departments to do more with less, work management processes should be aimed at tracking legal teams' every contribution, including routine matters that can be reallocated to nonlegal staff, says Aaron Pierce at LexisNexis CounselLink.

  • Jurisdiction Can Be A Key Tool For BIPA Class Action Defense

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    As a wave of Illinois Biometric Information Privacy Act class actions continues to flood courts, challenging personal jurisdiction has emerged as a key defense that companies can successfully leverage by taking such prudent steps as data mapping and inventory, says David Oberly at Blank Rome.