More Employment Coverage

  • August 03, 2022

    Eli Lilly Must Pay $61M For False Medicaid Rebate Calculation

    An Illinois federal jury hit Eli Lilly and Co. with a $61 million verdict Wednesday after finding that the drug manufacturer deliberately shorted the Medicaid program by leaving retroactive drug price increases out of the metrics it was required to include for drug rebate calculations.

  • August 03, 2022

    Savills Exec Says Law Firms Have Upper Hand In Lease Talks

    As law firms renew their leases or sign deals for new spaces, they are holding the upper hand in talks with landlords, who are having to offer more incentives to get firms to sign on, a legal-sector executive at Savills recently told Law360 in a wide-ranging interview.

  • August 02, 2022

    Eli Lilly 'Proud' Of Drug Rebate Specialist's Process

    Eli Lilly and Co. tapped the right person to calculate drug rebate payments for Medicaid under vague rules and regulations, and the company didn't defraud the government of $60 million simply because her metrics were wrong, an Illinois federal jury heard Tuesday.

  • August 02, 2022

    3rd Circ. Won't Increase Prison Term For GSK Researcher

    The federal government lost its bid to lengthen the prison sentence of a former GlaxoSmithKline scientist convicted of trade secrets theft, with the Third Circuit on Tuesday rejecting the argument that she and a co-defendant intended to cause the drugmaker $1 billion in losses.

  • August 02, 2022

    Citibank Tipster Again Loses Bid For Cut Of $400M Fine

    A federal judge Monday again rejected a Citibank whistleblower's pursuit of a piece of the bank's $400 million owed to the Office of the Comptroller of the Currency, saying a motion to reconsider an earlier ruling "repeats at greater length arguments already considered and rejected."

  • August 02, 2022

    Former Sixers Player Cops A Plea In NBA Health Fraud Case

    A former Philadelphia 76ers guard admitted Tuesday to submitting a fake dental claim to the National Basketball Association's benefits plan, becoming the fourth league veteran to plead out of the Manhattan U.S. attorney's $4 million fraud crackdown.

  • August 01, 2022

    Ga. Judge Sees Path To Early Win In Insurer's Premiums Case

    A Georgia construction business likely hasn't done enough to counter an allegation by Travelers Property Casualty Co. of America that it owes $2 million in past policy premiums to avoid the insurer's early win on the claim, a Georgia federal judge indicated Monday.

  • August 01, 2022

    Sandy Contractor Urges 3rd Circ. To Nix Whistleblower's Win

    The Third Circuit should toss an award for a former project management company employee who alleged he was fired for whistleblowing about billing irregularities for repair work on Ellis Island following Hurricane Sandy, because federal officials missed a deadline, the company has argued.

  • August 01, 2022

    Insurer Needn't Cover Sewage Exposure Suit, Judge Says

    Berkley National Insurance is entitled to reimbursement for costs it incurred in defending and settling an underlying personal injury suit brought against two companies, a Massachusetts federal court ruled, finding that the insurer had no duty to defend or indemnify the companies because of a bacteria exclusion.

  • August 01, 2022

    Catching Up With Delaware's Chancery Court

    Delaware Chancery Court was running at full speed last week, with new cases involving Skechers, Fleet Feet Sports, and promotion of the University of Florida's athletics programs.

  • July 29, 2022

    8th Circ. Says SD Law May Not Preclude Bias Suit Arbitration

    The Eighth Circuit on Friday gave a home improvement retail chain another chance to send an autistic former worker's disability discrimination suit to arbitration, saying a lower court didn't properly evaluate whether South Dakota law allowed her to legally enter an employment agreement.

  • July 29, 2022

    Ex-McDonald's Workers Appeal No-Poach Loss To 7th Circ.

    A pair of former McDonald's workers have asked the Seventh Circuit to take up their lawsuit accusing the fast-food giant of violating antitrust rules by prohibiting its franchisees from hiring staff from another location, after an Illinois federal judge ruled against them.

  • July 29, 2022

    Finance Co. Urges Court To Greenlight Defamation Claim

    A finance company that was socked with a trade secrets suit by a rival is urging a Georgia federal judge to keep a defamation counterclaim against the plaintiff's general counsel alive, saying he has caused reputational damage.

  • July 29, 2022

    Software Biz Ex-Worker Barred From Using Trade Secrets

    A Georgia federal judge has granted a permanent injunction barring a web development business from possessing, disclosing or using trade secrets related to gym software allegedly stolen by the company founder from his former employer.

  • July 29, 2022

    Fisher Phillips Adds Education Attorney In Atlanta

    Labor and employment law firm Fisher Phillips has added a former Gregory Doyle Calhoun & Rogers LLC attorney in Atlanta, bolstering its education law practice with a practitioner who has guided school districts on litigation and helped train school employees. 

  • July 29, 2022

    1st Circ. Revives Seaman's Suit For Medical Bills

    The First Circuit ruled Thursday that a seaman can recover medical expenses from his employers after he became extremely ill while working on their scalloping vessel in 2014, overturning a ruling in favor of the defendants.

  • July 29, 2022

    ADP Asks Court To Toss ERISA Class Action

    ADP urged a New Jersey federal judge to toss a proposed class action brought by retirees and a co-sponsor of its 401(k) alleging the human resources company charged the retirement plan excessive fees, saying the plan manager doesn't have grounds to sue and the retirees didn't prove any wrongdoing.

  • July 28, 2022

    Insurers Must Provide Contraception, Biden Admin. Warns

    Health insurance plans must provide patients with birth control and other contraceptives at no extra cost, the Biden administration warned providers on Thursday, following a U.S. Supreme Court ruling last month that overturned the right to abortion.

  • July 28, 2022

    Calif. In Bad Faith In Tribal Gambling Deals, 9th Circ. Says

    A divided Ninth Circuit panel gave Native American tribes major leverage in gaming compact negotiations with California on Thursday, ruling that any state bids to discuss topics not directly connected to gaming aren't in good faith.

  • July 28, 2022

    Flooring Giant Says Fund's Securities Case Fatally Flawed

    Georgia-based flooring giant Mohawk Industries Inc. and its CEO urged a Georgia federal judge on Wednesday to dismiss a private investment fund's securities case accusing the company and its executives of hiding production problems and manipulating profit margins to inflate stock prices.

  • July 28, 2022

    Papa John's To Pay $5M To End No-Poach Class Action

    Papa John's will pay $5 million under a proposed class action settlement to resolve claims it had "no poach" provisions in its franchise agreements, with up to $1.25 million earmarked for class counsel while class members can expect a few hundred dollars each at most.

  • July 28, 2022

    PetSmart Forces Groomers To Stay Or Face Debt, Suit Says

    PetSmart forces aspiring groomers to stay with the company for two years before forgiving a $5,000 debt for a required grooming training course, preventing them from finding a better-paid job, a former employee said Thursday in a proposed class action in California state court.

  • July 28, 2022

    Littler Mendelson Fights Polsinelli Bid To Crop IP Theft Suit

    Littler Mendelson PC has hit back at an attempt by Polsinelli PC to trim its trade secrets case in a Georgia federal court, suggesting Polsinelli is simply uncomfortable acknowledging that a paralegal it poached from Littler took massive amounts of intellectual property with her.

  • July 27, 2022

    DOJ Says McDonald's No-Poach Win Inapplicable To DaVita

    DaVita and other health care providers can't leverage McDonald's victory over a lawsuit attacking no-poach provisions in its previous franchise agreements to prevail in private litigation brought against them, the U.S. Department of Justice said in its latest intervention in the Illinois federal court case.

  • July 27, 2022

    Airport Shop Co. Gets Ex-Worker's Data Breach Suit Grounded

    A Georgia federal judge dismissed negligence and breach-of-implied-contract claims from a putative class action over a data breach that was filed by a former employee against a company that runs airport newsstands, shops and restaurants, effectively ending the suit on Wednesday.

Expert Analysis

  • How Law Firms Can Employ More Veterans

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    Hiring attorneys who are veterans is often overlooked in law firm diversity, equity and inclusion plans, even though it generates substantial benefits, but partnering with like-minded organizations and having a robust and active veterans group will go a long way in boosting a firm's ability to recruit and retain veterans, say Daniel Sylvester and Nicholas Hasenfus at Holland & Knight.

  • Associates, Look Beyond Money In Assessing Lateral Offers

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    In the face of high demand for corporate legal work and persistent staffing constraints, many law firms continue to offer sizable signing bonuses to new associates, but lateral candidates should remember that money is just one component of what should be a much broader assessment, says Stephanie Ruiter at Lateral Link.

  • BYOD Policy Lessons From Pork Antitrust Litigation

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    A recent Minnesota federal court decision in the In re: Pork Antitrust Litigation suggests that a bring-your-own-device policy that balances the protection of company interests with those of employees may determine whether the company has any legal right or practical ability to collect unique data from an employee-owned device, say attorneys at Redgrave.

  • Preventing Impermissible Client Solicitation After ABA Opinion

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    Following the American Bar Association's recent opinion on the limitations on client solicitation, attorneys at Harris Wiltshire examine the principal rules that govern a lawyer's ethical duties with respect to solicitation, explain how those rules vary by jurisdiction, and provide some practical tips for ensuring compliance.

  • Cos. In Port Areas Face Growing Longshore Act Claims Risk

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    Trucking companies and other businesses with operations located near waterfront cargo terminals should be aware that courts' inconsistent application of the Longshore and Harbor Workers' Compensation Act could increase their exposure to workers' compensation litigation, says Matthew Malouf at Bauer Moynihan.

  • Lessons On Avoiding E-Discovery Violations And Sanctions

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    Michael Fox and David Cohen at Reed Smith discuss how counsel can assist their clients in meeting preservation obligations for electronically stored information in light of recent federal rulings on spoliation sanctions motions for possible violations of this duty.

  • Takeaways On The New Antitrust Scrutiny In Health Care

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    Recent Federal Trade Commission and U.S. Department of Justice discussions with health care patients, employees, practitioners and independent businesses show that the government is prioritizing stricter antitrust enforcement in labor markets and likely returning to vertical integration regulation and enforcement, say attorneys at Holland & Knight.

  • Collaborative Tech Will Dictate Future Law Firm Success

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    Law firms need to shift their focus from solving the needs of their lawyers with siloed solutions to implementing collaboration technology, thereby enabling more seamless workflows and team experiences amid widespread embrace of hybrid and remote work models, says Kate Jasaitis at HBR Consulting.

  • What Badgerow May Mean For High Court's Other Arb. Rulings

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    Although the U.S. Supreme Court's recent Badgerow v. Walters decision seems to address a narrow, rarely invoked basis for federal jurisdiction, the ruling may preview the other arbitration decisions this term, and will have a significant effect on arbitration jurisprudence, says Janice Sperow at Sperow ADR.

  • How To Effectively Prepare A Witness For Remote Testimony

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    Many of the lessons taught in an introductory theater performance class can provide foundational guidelines for virtual witness preparation, including the importance of props, proper lighting and wardrobe decisions, and of acknowledging that the star of your show is not a Zoom expert, say Hailey Drescher at Trask Consulting and Michael Thomas at Foley & Lardner.

  • What Stood Out In Workers' Comp Arguments At High Court

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    Recent U.S. Supreme Court oral arguments in U.S. v. Washington, a dispute over a state workers’ compensation law covering contractors at a nuclear remediation site, suggest the justices will either render the case moot or uphold the statute — with the latter result having wide-ranging consequences, say Jeremy Buchalski and Andrew Heck at Wilson Elser.

  • As Cyber Risks Surge, Remember Attorneys' Ethical Duties

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    The prevalence of remote work and a greater threat of Russian cyberattacks should serve as a stark reminder of a lawyer's professional obligations to guard against unauthorized disclosure of client information and to protect client interests in the event of a cyberattack, says Alvin Mathews at Ulmer & Berne.

  • Key Employee-Retention Strategies To Practice In M&A Deals

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    Strong merger and acquisition activity combined with a tight labor market makes employee retention a priority in M&A transactions right now, and a well-implemented strategy extends beyond financial remuneration and begins prior to closing, says Roger Lee at Stubbs Alderton.

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