More Employment Coverage

  • May 18, 2021

    US Chamber Backs Walmart In 5th Circ. Opioid Challenge

    A slew of organizations, including the U.S. Chamber of Commerce and the National Association of Chain Drug Stores, have filed amicus briefs backing Walmart's bid to get the Fifth Circuit to revive a suit seeking clarification that the retail giant's current opioid prescription practices are lawful.

  • May 18, 2021

    Gilead Wants Harsher Sanctions For Kickbacks Whistleblower

    Gilead Sciences Inc. has asked a Pennsylvania federal judge to rethink his decision that an ex-employee hadn't intentionally destroyed evidence when tens of thousands of text messages sought as part of a whistleblower case were lost on an old cellphone.

  • May 18, 2021

    Ohio Panel OKs Blocking Local Taxes On Teleworkers In 2021

    An Ohio tax-writing committee approved legislation Tuesday that would block cities from imposing their income taxes on remote workers for 2021 but wouldn't retroactively change a law that permitted cities to tax nonresidents during the coronavirus pandemic in 2020.

  • May 18, 2021

    Ill. High Court Mulls Arbitrator's Authority In University Firing

    The Illinois Educational Labor Relations Board and a union representing university professors told the state's top court Tuesday that an arbitrator didn't abuse his discretion when he found Western Illinois University failed to comply with an earlier award in a termination dispute.

  • May 18, 2021

    Uber Can't Force Arbitration In Ga. Suit Over Customer Murder

    The Georgia Court of Appeals has ruled that Uber can't force arbitration of a wrongful death case brought by the mother of an Uber Eats customer murdered by a delivery driver because it is unclear whether the company's terms and conditions were clearly visible on its smartphone application.

  • May 18, 2021

    Pioneer Tells Texas Justices Well Site Explosion Suit Is Settled

    Pioneer Natural Resources USA Inc. told the Texas Supreme Court it settled a dispute over a well site explosion that killed two men, so it no longer seeks to dodge a discovery order demanding its communications with the Occupational Safety and Health Administration.

  • May 18, 2021

    Veteran Trial Lawyer Joins Dallas Trial Boutique 

    Trial boutique Lynn Pinker Hurst & Schwegmann LLP announced Tuesday it has hired a Holland & Knight LLP partner experienced in employment, intellectual property and complex business disputes in Dallas.

  • May 18, 2021

    Judge Fletcher Makes Way For 4th Biden Vacancy On 9th Circ.

    Ninth Circuit Judge William A. Fletcher is taking senior status, giving President Joe Biden a fourth chance to replace a Democratic appointee with a younger jurist on the historically liberal West Coast appeals court.

  • May 18, 2021

    'Angry Cheerleader' Case Could Chill NCAA Athletes' Protests

    A pending U.S. Supreme Court case over whether schools may discipline students for social media posts under the First Amendment may give public universities the ability to further restrict college athletes' online speech, including about social issues or to protest their treatment under NCAA rules, experts say.

  • May 18, 2021

    ComplianceHR CEO Rejoins Littler To Run Miami Office

    Management-side employment law firm Littler Mendelson PC on Monday announced the CEO of ComplianceHR, its joint venture with legal technology company Neota Logic, has returned to the law firm and that ComplianceHR's chief marketing officer has moved up to replace her.

  • May 17, 2021

    Microsoft Hit With Suit Over Uber Drivers' Facial ID Checks

    Microsoft has been hit with state court biometric privacy claims by a proposed class of Illinois drivers who say the company's facial recognition technology unlawfully collected and used their facial data when they verified their identities on Uber's mobile app.

  • May 17, 2021

    HP Says Ex-Worker Lacks Facts To Prove No-Poach Claims

    HP Inc. urged the Ninth Circuit on Monday not to revive a laid-off worker's proposed class action alleging the technology giant cut a "no-poach" deal with a 3D-printing rival, arguing the suit lacks basic facts to get past the starting gate.

  • May 17, 2021

    Surgical Care Blasts DOJ Criminal Case Over Employee Pacts

    UnitedHealth Group unit Surgical Care Affiliates attacked the U.S. Department of Justice's defense of the government's first criminal case targeting employee nonsolicitation agreements, arguing that the prosecution is built on a flawed analogy and violates the company's due process rights.

  • May 14, 2021

    Les Moonves Forgoes $120M Severance In ViacomCBS Deal

    ViacomCBS announced May 14 that the media conglomerate has resolved its dispute with ex-CBS Corp. Chairman and CEO Leslie Moonves, although the former executive will not be receiving his $120 million severance package.

  • May 14, 2021

    5th Circ. Tosses Stanford Ponzi Investors' Claims Against SEI

    Investors in Robert Allen Stanford's massive Ponzi scheme lost their bid to revive claims against investment processor SEI Investments Co. on Friday when the Fifth Circuit said it hadn't seen evidence that SEI had any control over the multibillion-dollar fraud.

  • May 14, 2021

    Uber Trims Fraud Allegation, But Sex Assault Claim Stays

    A California state judge tossed a fraud claim against Uber on Friday but left intact sexual battery, assault and emotional distress claims brought by a woman who says an Uber driver attacked her as a result of the company's "toxic-male culture," finding Uber ignored allegations that it is vicariously liable as a common carrier.

  • May 14, 2021

    Facebook Escapes Moderators' Suit Over Trauma Exposure

    Facebook content moderators haven't shown that the social media giant and the contractor that employed them failed to protect them against the psychological trauma of viewing graphic images on the job, a Florida federal judge ruled Friday.

  • May 14, 2021

    Manufacturer Admin Gets 2.5 Years For $1M Credit Card Fraud

    An Illinois electrical product manufacturer's former travel and expense administrator was sentenced to 30 months in prison in Illinois federal court on Friday for conducting a nearly $1 million fraud scheme through which she charged personal expenses to former employees' credit cards instead of closing their accounts. 

  • May 14, 2021

    Ga. Attys Say Lin Wood's Trash Talk Led To Death Threats

    Former colleagues of embattled pro-Trump lawyer L. Lin Wood have asked a Georgia state court to hold him in contempt of an injunctive order for making disparaging comments against them, which they say led to death threats from his supporters.

  • May 14, 2021

    3rd Circ. Vexed By Injured Ship Worker's Employment Stance

    The Third Circuit on Friday seemed inclined to affirm a district court's ruling that Maersk Line Ltd. was the employer of an injured ship engineer for the purposes of immunity under a federal maritime workers' compensation law, given that the company funded his paycheck and appeared to control the work.

  • May 13, 2021

    Indivior Wants Ex-Worker's Retaliation Claims Thrown Out

    Pharmaceutical manufacturer Indivior said that a former employee's False Claims Act retaliation claims should be axed, calling her case "the latest in a long line of attempts … to cash in on her departure."

  • May 13, 2021

    Attys Score $328K Payday After $1M BIPA Deal Gets Final OK

    An Illinois federal judge gave his final blessing to a nearly $1 million biometric privacy settlement between a senior living chain and its workers and granted nearly $329,000 in attorney fees to compensate class counsel.

  • May 13, 2021

    Pa. Court Revives Worker's Toxic Lead Exposure Suit

    A Pennsylvania appellate panel on Thursday revived a suit accusing a radiator manufacturer of causing a worker's permanent brain damage due to prolonged exposure to toxic lead, saying the suit is not barred by the state workers' compensation law because a claim of fraudulent misrepresentation was plausibly alleged.

  • May 12, 2021

    Medical Device Co. Sues Over Ex-Worker's Move To Medtronic

    Medical device company Flowonix Medical Inc. has accused a former sales employee of breaking a noncompete and nonsolicitation agreement when he made the move to competitor Medtronic.

  • May 12, 2021

    NJ Justices Pump Brakes On County Worker's Retaliation Trial

    A split New Jersey Supreme Court ruled Wednesday that a lower court must reevaluate an ex-Cape May County worker's state law whistleblower claim relating to the county's handling of Capehart & Scatchard PA's bid for a public contract, toppling an intermediate appeals court's order that would have sent the case directly to trial.

Expert Analysis

  • Remote Working Tips For Lawyer Trainees And Their Firms

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    The prospect of joining a law firm during the pandemic can cause added pressure, but with a few good practices — and a little help from their firms and supervising attorneys — lawyer trainees can get ahead of the curve while working remotely, say William Morris and Ted Landray at King & Spalding.

  • 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.

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