More Employment Coverage

  • January 26, 2022

    4th Circ. Backs Toss Of FCA Medicaid Suit Against Allergan

    A split Fourth Circuit panel has refused to revive a False Claims Act suit alleging an Allergan unit fraudulently reported drug prices to Medicaid and cost the federal government at least $680 million, finding that the company didn't "knowingly" make false claims.

  • January 26, 2022

    UK Top Court Asked To Set Aside Book Rules For Profits

    Lower courts correctly found two subsidiaries can deduct accounting debits from their parent company's stock option grants to employees when calculating profits for corporate tax, despite international accounting standards, the firms told the U.K. Supreme Court.

  • January 26, 2022

    Tyson Asks 5th Circ. To Keep COVID-19 Death Suits Federal

    Tyson Foods Inc. has told the Fifth Circuit a pair of lawsuits accusing the company of wrongfully requiring employees to work without proper safety protocols at the beginning of the COVID-19 pandemic belong in federal court, because the company was following instructions from the federal government at the time.

  • January 26, 2022

    Ga. Health Care System Can't Shake $4.6M ERISA Class Action

    A Georgia health care system has lost its bid to dismiss a proposed class action alleging it wasted about $4.6 million in employees' retirement savings by mismanaging their investments, a day after the U.S. Supreme Court issued an opinion in a similar case.

  • January 26, 2022

    Buchalter Welcomes 4 New Attorneys In Sacramento

    Buchalter PC has added four attorneys to its Sacramento office, a team of three trusts and estates attorneys from Murphy Austin Adams Schoenfeld LLP and a labor and employment attorney who was previously general counsel at a construction materials firm.  

  • January 25, 2022

    2nd Circ. Says Injunction Against Designer Goes Too Far

    The Second Circuit on Tuesday partly upheld a lower court's decision to block bridal designer Hayley Paige from competing with her former employer amid their contract fight, though it said that the court went too far when it wrested an Instagram account away from the designer.

  • January 25, 2022

    Alec Baldwin, Other 'Rust' Producers Ask To Nix Shooting Suit

    Alec Baldwin and other producers of the film "Rust" have asked a California state court to toss a script supervisor's lawsuit claiming she was harmed when a gun held by the actor went off and killed a crew member, saying she hadn't shown the shooting was intentional.

  • January 25, 2022

    Airport Food Co. Says 'Ghost Kitchen' Biz Stole Workers

    An airport food services provider has sued a parking vendor in Philadelphia county court, accusing it of poaching key employees to expand into a new "ghost kitchen" business that rents time to restaurants and chefs at others' commercial kitchens so they can offer takeout-only dining.

  • January 25, 2022

    Hertz, Ex-GC Settle Clawback Suit, With Ex-CEO Still On Hook

    Hertz Corp. and its former general counsel came to an agreement resolving the company's claims looking to take back $56 million in incentive and severance pay due to what it considered misconduct, but claims against the company's ex-CEO are ongoing.

  • January 25, 2022

    Kaufman Dolowich Opens Conn. Office Under New Partner

    Kaufman Dolowich & Voluck LLP is opening an office in Westport, Connecticut, continuing its growth in the New York City metro area under the leadership of an employment attorney and partner who recently moved to the firm from Goldberg Segalla LLP, the firm said Monday.

  • January 25, 2022

    Beyond Big: Smaller, Hyperfocused Firms Still Stand Out

    Many of the biggest, most profitable law firms are continuing to get bigger. But that doesn't mean there's less room for smaller firms to occupy a leadership position in a set of practices or with a standout culture.

  • January 24, 2022

    Illinois Judge Gives Final OK To $877K BIPA Deal

    An Illinois federal judge gave the final signoff Monday to a roughly $877,000 settlement resolving claims that a food manufacturer violated the state's biometric privacy law when it required workers to use a fingerprint-based timekeeping system without first getting their written permission and making mandated disclosures.

  • January 24, 2022

    Univ. Of Fla. Can't Bar Profs From Testifying Against State

    A Florida federal judge blocked the University of Florida from enforcing a policy of blocking faculty requests to serve as expert witnesses in litigation against the state, finding the three political science professors who brought the suit are likely to prevail on their First Amendment claims.

  • January 24, 2022

    Nursing Facility Can't Escape Suit Over English-Only Policy

    A Pennsylvania federal court rejected a long-term care facility's bid to sink a lawsuit lodged by five Hispanic nursing assistants who challenged a policy forbidding speaking Spanish on the job, despite the facility's claim that they hadn't shown the policy hurt them.

  • January 24, 2022

    Fed. Circ. Upholds Patent App Injunction In Trade Secret Row

    The Federal Circuit on Monday held that Masimo Corp. and Cercacor Laboratories Inc. rightly won a preliminary injunction from a California federal judge blocking a former employee's patent application on a pulse oximeter from becoming public over trade secret exposure.

  • January 24, 2022

    Lionbridge Defeats TransPerfect's Trade Secrets Suit

    A Manhattan federal judge on Friday axed TransPerfect Global Inc.'s trade secrets suit against rival translation company Lionbridge Technologies Inc., finding no evidence Lionbridge or its private equity parent used confidential documents from a court-ordered auction to poach clients.

  • January 24, 2022

    COVID Fuels Top Firms' Priorities In 2022

    As firms set their goals for 2022, it seems that the COVID-19 pandemic is once again embedded in where the legal industry is going next. Here are three key priorities for firms as they move into yet another year shaped by COVID-19.

  • January 24, 2022

    The Leaderboard: Tracking A Firm's Litigation Footprint

    Follow a firm’s litigation footprint in federal district courts across the country with our interactive chart.

  • January 21, 2022

    Texas Judge Blocks Vaccine Mandate For Federal Workers

    A Texas federal judge on Friday blocked the enforcement of President Joe Biden's mandate requiring all federal employees to be vaccinated against COVID-19 after finding that the president doesn't have authority to issue such a broad order, a ruling the federal government has already announced it's appealing.

  • January 21, 2022

    SEC Says UBS Representative Stole $6M From Client

    The U.S. Securities and Exchange Commission filed suit Friday against a former investment adviser at UBS Financial Services Inc., alleging that he stole roughly $5.8 million from a long-standing client and spent much of it on various women he was romantically involved with.

  • January 21, 2022

    Iowa Lawmaker Lobs Bill To Make Student-Athletes Employees

    Amid a growing legal push to treat NCAA student-athletes as employees, an Iowa lawmaker has introduced a bill that would classify athletes at Iowa state schools as public employees and entitle them to pay and other benefits.

  • January 21, 2022

    Illinois Justices Revive Bulley & Andrews Workers' Comp Suit

    The Illinois Supreme Court on Friday allowed a concrete worker to sue Bulley & Andrews LLC for back injuries he sustained working for one of its subsidiaries, finding that only his direct employer is protected by the state's workers' compensation law.

  • January 21, 2022

    Virtual Events Co. Sues To Block Ex-Exec From Zoom Role

    Global virtual events and cloud communications venture Intrado Digital Media LLC has sued a former sales executive who jumped to Zoom Video Communications, seeking an injunction in Delaware Chancery Court barring the ex-employee from giving away trade secrets and proprietary market information.

  • January 21, 2022

    Ex-NFLer Faces Restitution After COVID-19 Scam Sentence

    Former NFL wideout Kenbrell Thompkins will spend more than two years in prison for swiping Social Security numbers in a $300,000 COVID-19 unemployment insurance scheme, but the receiver's restitution remains up in the air until next month, court records show.

  • January 20, 2022

    Ill. Judge Tosses Ex-Cannabis Co. Exec's Fraud Claim

    A Cook County judge Thursday trimmed a fraud claim from a lawsuit brought by a former executive for a cannabis company acquired by multistate giant Curaleaf, saying she hadn't adequately established that promises the company's CEO made to her were false at the time or that he owed a duty to share certain information with her.

Expert Analysis

  • How AI Can Transform Crisis Management In Litigation

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    Attorneys should understand how to use rapidly advancing artificial intelligence technology to help clients prepare for potential catastrophic events and the inevitable litigation arising from them, from predicting crises before they occur to testing legal theories once they arise, say Stratton Horres at Wilson Elser and David Steiger.

  • OSHA Case Shows Fluidity Of Major Questions Doctrine

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    Contrary to U.S. Supreme Court Justice Neil Gorsuch's assertion, the major questions doctrine on court deference to agency statutory interpretations is actually quite murky, as seen in its recent application in the National Federation of Independent Business' case challenging the Occupational Safety and Health Administration’s vaccinate-or-test mandate at the high court, says Andrew Michaels at the University of Houston Law Center.

  • What Experts, Attys Must Know About Psychological Injuries

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    As the ongoing litigation between Kobe Bryant's widow and Los Angeles County illustrates, there are many forms of psychological injury that can have serious impacts — so mental health experts and attorneys must be precise when discussing these matters in court, says Prudence Gourguechon, a clinical psychiatrist and professional psychiatric expert witness.

  • Supervisor Relationships Are Key To Beating Atty Burnout

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    In order to combat record attorney turnover and high levels of burnout, law firm partners and leaders must build engaging relationships with supervisees, fostering autonomy and control, enabling expression of values, and building a sense of community and belonging, says Anne Brafford at the Institute for Well-Being in Law.

  • What To Expect From Merger Guideline Modernization

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    The U.S. Department of Justice's and Federal Trade Commission's recent request for comment on amending the merger review guidelines provides perhaps the clearest indication yet of where guideline revisions might focus, including on structural presumptions, the role of market definition and the effect of transactions on labor, say attorneys at MoFo.

  • The Rising Demand For Commercial Litigators In 2022

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    Amid broken supply chains, pandemic-induced bankruptcies and a rise in regulation by litigation, strong commercial litigators — strategists who are adept in trying a range of tortious and contractual disputes — are becoming a must-have for many law firms, making this year an opportune moment to make the career switch, say Michael Ascher and Kimberly Donlon at Major Lindsey.

  • New Whistleblower Rights Heighten Risk For NY Employers

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    Amendments to New York's anti-retaliation law that go into effect next week will drastically expand whistleblower protections, leaving employers to mitigate the increased risk of claim exposure while also considering how COVID-19 mandates might complicate compliance, say attorneys at Holland & Knight.

  • How In-House Counsel Can Make The Case For Settling Early

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    Following the recent settlement in McDonald's v. Easterbrook, in-house counsel should consider decision-tree analyses and values-driven communications plans to secure effective, early resolutions in litigation, saving time and money and moving the company mission forward, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at The Torrenzano Group.

  • To Retain Talent, GCs Should Prioritize Mission Statements

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    With greater legal demands and an increasing number of workers resigning during the pandemic, general counsel should take steps to articulate their teams' values in departmental mission statements, which will help them better prioritize corporate values and attract and retain talent, says Catherine Kemnitz at Axiom.

  • US Should Broaden Visa Interview Waivers Amid Pandemic

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    To help ease processing delays, the U.S Department of State and Biden administration should encourage consular posts to implement recently expanded in-person interview waivers for nonimmigrant visa applicants, and extend the policy to include certain immigrant visa applications, says Dominique Pando Bucci​ at Kurzban Kurzban.

  • Top 10 Whistleblowing And Retaliation Events Of 2021

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    Last year's most important whistleblower developments will likely reverberate into 2022 and beyond, with key court rulings and legislative advancements poised to expand protections, and a record-breaking amount of awards issued by the U.S. Securities and Exchange Commission likely to incentivize more information sharing, say Steven Pearlman and Pinchos Goldberg at Proskauer.

  • Bid Protest Spotlight: Nonpublic Info, Brand Names, Prejudice

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    In this month's bid protest roundup, Roke Iko at MoFo discusses three decisions from the U.S. Government Accountability Office and the Federal Circuit, which shed light on the risks of involving former government employees with nonpublic information in the proposal process, requirements for brand-name justification, and when a presumption of prejudice exists.

  • Mitigating Risks In Virtual Work Immigration Programs

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    As the pandemic accelerates a global shift in immigration policy objectives from boosting tourism toward long-term economic growth, to the benefit of remote workers, employers must implement solid risk mitigation tactics that track evolving requirements that already varied from country to country, says Nofisatu Mojidi at Fragomen.