More Employment Coverage

  • September 28, 2022

    10th Circ. Affirms Black Lung Benefits For Energy West Miner

    A pack-a-day smoker who worked for Energy West Mining Co. needs to show only that his work in the mines partially contributed to his lung disease in order to qualify for black lung benefits, the Tenth Circuit has found, siding with several other appellate courts.

  • September 28, 2022

    HP Can't Shift Blame In $23M Generator Explosion Injury Suit

    A Massachusetts federal judge has refused HP Inc.'s bid to pin liability for a hydrogen generator explosion that severely injured a worker onto a German inspection company, ruling Tuesday that the two firms never entered into any kind of agreement.

  • September 28, 2022

    Ex-Fox VP Owed Severance After Disney Merger, Judge Rules

    A former Twenty-First Century Fox executive who claimed she was terminated without cause after Fox and The Walt Disney Co. merged in 2018 is owed severance benefits, a California federal judge ruled, though she tossed the executive's other claims against the entertainment behemoths.

  • September 28, 2022

    Driver's Family Can't Sue Cintas Supervisor Over Heat Death

    A Missouri appeals court won't let the family of a Cintas driver sue his supervisor over the driver's death from a heat-induced heart attack, saying the record doesn't show that the supervisor breached a duty beyond the employer's general duty to provide a safe work environment, which is already covered by workers' compensation law.

  • September 28, 2022

    NJ High Court Seems Open To Arbitration For College Police

    The New Jersey Supreme Court pushed back Wednesday on claims by the New Jersey Institute of Technology and Rutgers University that public universities' police officers are ineligible for special arbitration via the state's Public Employment Relations Commission, questioning their positions that such institutions are not law enforcement agencies.

  • September 28, 2022

    Littler Lands Trade Secrets, E-Discovery Talent In 2 Offices

    Labor and employment firm Littler Mendelson PC continues its expansion by adding two attorneys as shareholders — a Singer Cashman LLP trade secrets expert in San Francisco and an Ogletree Deakins Nash Smoak & Stewart PC e-discovery pro in Kansas City, Missouri.

  • September 28, 2022

    Feds Expand K&L Gates Stalking Case As Atty's Trial Nears

    Federal prosecutors are asking for further evidence to be admitted in a criminal case accusing a former K&L Gates partner of cyberstalking colleagues, saying the attorney also physically stalked and intimidated victims after he was banned from the firm's New York office.

  • September 28, 2022

    Employment Atty Returns To Latham In Bay Area

    A veteran litigator specializing in labor and employment matters has returned to Latham & Watkins LLP's San Francisco office nearly 25 years after leaving.

  • September 28, 2022

    Film Industry Pension Board Can't Skirt Designer's ERISA Suit

    A California federal judge said the board of the Motion Picture Industry Pension Plans must face a federal benefits suit brought by the set designer for "Avengers: Endgame" alleging the fund is being mismanaged, ruling that she proved the board knew about the plan's failings and did nothing to course correct.

  • September 27, 2022

    Biogen Whistleblower's $250M Award 'Extraordinary' For FCA

    A former pharmaceutical manager's $250 million cut of Biogen's $900 million payments-for-prescriptions settlement is among the largest whistleblower awards in U.S. history, delivering a shot of adrenaline to other False Claims Act cases not backed by the U.S. Department of Justice's muscle, attorneys said Tuesday.

  • September 27, 2022

    Ex-Manager Can't Use Price Data Taken From NC Security Co.

    A onetime manager for a North Carolina security installation firm accused of stealing trade secrets when he decamped for a competitor has been barred from using that information or going after former clients, according to an order from the state business court Monday.

  • September 27, 2022

    Arbitration Suggested For Ex-Tesla Workers' WARN Claims

    An arbitrator should decide if claims against Tesla Inc. over notice to ex-employees before mass layoffs should be arbitrated or heard in court, a Texas federal judge recommended on Tuesday.

  • September 27, 2022

    Training Software Co. Must Face Video Data BIPA Suit

    Technology company Brainshark Inc. can't escape a sales worker's proposed class lawsuit targeting artificial intelligence the company uses on recorded presentations because her claims plausibly allege Biometric Information Privacy Act violations, an Illinois federal judge said Tuesday.

  • September 27, 2022

    Workers Sue Wells Fargo On Heels Of $145M DOL Settlement

    Former Wells Fargo workers hit the banking giant with a proposed class action claiming it violated federal benefits law by overcharging their 401(k) plan for stock options, two weeks after Wells Fargo agreed to pay $145 million following a U.S. Department of Labor probe into the plan's management.

  • September 27, 2022

    2nd Circ. Opens Door To End Trump's Rape Defamation Suit

    The Second Circuit handed former President Donald Trump a partial win Tuesday, ruling the 45th president was a U.S. employee — potentially entitling him to immunity from a writer's defamation lawsuit — and asked the D.C. Court of Appeals to analyze whether Trump's controversial statements were made within the scope of his employment.

  • September 27, 2022

    Tribes' Attys Seek Fees Of $1.1M In Calif. Gambling Appeal

    Five Native American tribes have asked the Ninth Circuit for an award of about $1.1 million in attorney fees following an appellate panel decision giving the tribes major leverage in gaming compact negotiations with California.

  • September 27, 2022

    Keurig Slams Rival's 'Flawed' Bid To Duck Trade Secrets Case

    Keurig told a Massachusetts federal judge that SharkNinja is trying to sweep a trade secrets suit under the rug by ignoring the complaint's allegations and the plain language of a former executive's noncompete agreement.

  • September 26, 2022

    Jiffy Lube Fights Bid To Substitute No-Poach Plaintiff

    Jiffy Lube called for a Pennsylvania federal court to deny a bid from a former employee to intervene in a case over the service center's past use of no-poach provisions in its franchise agreements, claiming that the employee's attempt to sue was "too little, too late."

  • September 26, 2022

    DaVita Can't Dodge No-Poach Claims, Ill. Judge Says

    An Illinois federal judge ruled Monday that DaVita and other health care providers can't dodge claims that they instituted no-poach agreements with competitors to suppress employees' wages, but dismissed UnitedHealth Group from the litigation after finding that there was no allegation that the company was involved in the antitrust agreements.

  • September 26, 2022

    Pioneering Ga. Judge Eyes Retirement After Nearly 30 Years

    The chief judge of the state trial court in Clayton County, Georgia, is retiring at the end of the year after almost 30 years on the bench, including two decades as the court's first and only female judge.

  • September 26, 2022

    Fed. Circ. Revives Air Force Firefighter's Termination Suit

    The Federal Circuit revived a suit Monday from a U.S. Air Force firefighter who said he was wrongfully fired for failing a drug test, finding his rights were violated when a lieutenant colonel sought his own relatives' opinions about the firefighter's assertion that he'd accidentally taken his mother's medication.

  • September 26, 2022

    NBA Health Fraud Prosecutors Misled Grand Jury, Court Told

    Attorneys for three former NBA players charged in a sweeping set of indictments alleging they submitted false invoices to defraud the league's health plan claim federal prosecutors in New York misunderstood the plan's structure and misled the grand jury.

  • September 26, 2022

    Lawmakers, Police Tell DC Circ. Trump Must Face Riot Suits

    Former President Donald Trump acted outside his presidential duties when he spoke to supporters ahead of the Jan. 6, 2021, insurrection at the U.S. Capitol and is not immune from three lawsuits seeking to hold him liable for the attack, lawmakers and police officers have told the D.C. Circuit.

  • September 26, 2022

    2 Firms Lead SPAC's $69M Merger With Workplace Apps Firm

    Special-purpose acquisition company KINS Technology Group Inc. said Monday it plans to acquire and take public a workplace-focused subsidiary of indoor analytics firm Inpixon for $69 million in stock, guided by two law firms.

  • September 23, 2022

    'Corrupt' Arbitrator Was Unfit For Lease Feud, Landlord Claims

    A San Francisco building owner asked a California appellate court Friday to toss an $8 million arbitration verdict over a lease dispute, claiming the JAMS neutral lied about his background and was on total disability during the decade when his profile stated he was working full-time.

Expert Analysis

  • Apple's New Messaging Features Will Complicate E-Discovery

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    Apple's newest mobile operating system allows users to edit and recall messages and recover deleted messages, which could significantly increase the time, burden and expense of processing and analyzing cellphones if messages or their associated metadata become an area of scrutiny in a case, says Jarrett Coco at Nelson Mullins.

  • Twitter Whistleblower Claim Is Cautionary Tale For Employers

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    A former Twitter executive's recent whistleblower complaint should serve as a wake-up call for organizations employing cybersecurity professionals to respond quickly when concerns over security practices are raised, lest they face litigation, regulatory activity and reputational harm, say attorneys at Epstein Becker.

  • Noncompete Enforceability In The World Of Remote Work

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    A Connecticut federal court’s recent decision in Onward Search v. Noble — holding that a noncompete agreement that included an employee’s remote home office was too geographically broad — is instructive for protecting noncompete clauses with remote workers in other states, including New Jersey, New York and Texas, say attorneys at Archer Law.

  • Law Firm Inclusion Efforts Often Overlook Business Staff

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    Law firms committed to a culture of universal inclusion can take steps to foster a sense of belonging in their business services teams, says Jennifer Johnson at Calibrate Consulting.

  • An Associate's Guide To Rebounding After A Layoff

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    Law firm associates laid off due to economic conditions can recuperate and move forward by practicing self-care, identifying key skills to leverage during the job search, engaging in self-reflection and more, say Kate Sheikh at Major Lindsey and wellness consultant Jarrett Green.

  • AML Regulation Of Lawyers Is Imminent And Controversial

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    The U.S. House of Representatives' recently passed National Defense Authorization Act subjects lawyers engaged in certain financial-related activities to anti-money laundering regulation under the Bank Secrecy Act, which could pit lawyers against clients in ways harmful to the rule of law and administration of justice, says Jeremy Glicksman at the Nassau County District Attorney’s Office in New York.

  • Key Adaptations For Law Firms Amid Quiet Quitting Movement

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    While quiet quitting may not be sustainable at law firms with billable hour requirements, there are specific steps law firms should take to maintain engagement and otherwise respond to the trend's underlying message that associates won't spend all their waking hours at work if they don't feel it's worthwhile, says Meredith Kahan at Whiteford Taylor.

  • What New Colo. Noncompete Law Means For Employers

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    Mary Will and Jill Zender at Faegre Drinker discuss key elements of a newly effective Colorado law that adds further restrictions to the use of worker noncompete agreements, explain what types of contracts are still permissible in the state, and share employer compliance tips.

  • Creating A Hybrid Work Policy? Be Intentional And Inclusive

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    The pandemic has changed expectations for the future of work forever, and as more employees demand hybrid working options, law firms must develop policies and models that are intentional, inclusive and iterative to lead the industry into the future, says Manar Morales at the Diversity & Flexibility Alliance.

  • Physician Noncompetes May Get Federal Antitrust Treatment

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    While interpretation and enforcement of health care noncompete agreements have traditionally been viewed as state law matters, the agreements are increasingly facing scrutiny of their anticompetitive effects at a national level, say John Zen Jackson and Jessica Carroll at Greenbaum Rowe.

  • A Law Firm's Guide To Humane Layoffs As Recession Looms

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    Amid warnings of a global recession, law firms should prepare for the possibility of associate layoffs, aiming for an empathetic approach and avoiding common mistakes that make the emotional impact on departing attorneys worse, say Jarrett Green, a wellness consultant, and Kate Reder Sheikh at Major Lindsey & Africa.

  • Consider Liability Before Accessing Workers' Personal Emails

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    A Georgia state appeals court's ruling in Patel v. Duke Hospitality around monitoring employee computer and email use demonstrates that employers must establish airtight legal justification, backed by company policies and employee consent, before initiating digital investigations that may lead to access of personal employee accounts, says Benjamin Fink at Berman Fink.

  • Learning From Trump And Bannon Discovery Strategies

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    Court-imposed sanctions on both former President Donald Trump and his former aide Steve Bannon for failing to comply with subpoenas illustrate that efforts to bar the door to valid discovery can quickly escalate, so litigants faced with challenging discovery disputes should adopt a pragmatic approach, say Mathea Bulander and Monica McCarroll at Redgrave.