More Employment Coverage

  • 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.

  • May 12, 2021

    Biden's DOL Top Lawyer Nominee Advances, NLRB Pick Stalls

    A Senate panel on Wednesday advanced two of President Joe Biden's nominees for influential posts dealing with labor and employment, including the pick for the U.S. Department of Labor's third-ranking official, but the future of an additional nominee is uncertain.

  • May 11, 2021

    DC NFL Team Backs Ex-GC's Secrecy Bid In Wilkinson Suit

    The Washington Football Team backed its former general counsel's bid to seal arguments made in Virginia federal court litigation over a sexual harassment probe into the team, noting that, as a nonparty, the team never had a chance to consider some key documents in question.

  • May 11, 2021

    Full 5th Circ. Says Oil Rig Welder Not A Seaman

    The full Fifth Circuit declared Tuesday that a welder alleging he was injured while working on a drilling rig can't sue under the Jones Act, walking back an earlier circuit ruling in which a panel said it was precedent-bound to determine that the man qualified as a seaman.

  • May 11, 2021

    Wife Cannot Sue Spouse's Co. Over Her COVID-19 Infection

    A California federal judge dismissed an amended suit brought by a spouse looking to hold her husband's employer responsible for her COVID-19 infection, finding that the state's workers' compensation law bars her argument and further noting that the employer's duty to provide a safe work environment does not extend to non-employees.

  • May 11, 2021

    Ex-NFLer Injured 3 Mos. Into Career Sues Over Benefits Denial

    A former Kansas City Chiefs player sued the National Football League's player benefits plan in Georgia federal court Monday, alleging that he's wrongly been denied disability coverage for a 2014 injury suffered during his three-month stint in the league.

  • May 11, 2021

    Ga. Judge Declines To Recuse Himself From Trump Ally Suit

    A Georgia federal judge rejected attorney L. Lin Wood's request that he recuse himself from Woods' suit against Georgia officials over their request for him to undergo a mental evaluation, ruling Monday that he isn't biased after presiding over other suits Wood filed last year.

  • May 11, 2021

    Pepsi Must Cover Med Pot Costs After NJ High Court Ruling

    A New Jersey state appeals court on Tuesday said Pepsi Bottling Group must reimburse a onetime employee for his medical cannabis costs in light of a recent state Supreme Court decision that employers can be compelled to cover those expenses despite the federal marijuana prohibition under the Controlled Substances Act.

  • May 11, 2021

    Greenspoon Marder Adds Former Miami Mayor As Of Counsel

    Greenspoon Marder LLP on Monday announced the hiring of Xavier L. Suarez, a former Miami mayor and ex-Miami-Dade County commissioner, as of counsel out of its Miami office.

  • May 10, 2021

    Former XFL Commish Can't Rush Witness Bid In Firing Suit

    A Connecticut federal judge on Monday denied a request from a former XFL commissioner to speed up consideration of his bid to expand pretrial questioning in his termination suit, a bid league founder Vince McMahon has said is part of a "pattern of abusive and harassing discovery tactics and gamesmanship."

  • May 10, 2021

    Minn. Appeals Court Finally Ends BNSF Worker's Injury Suit

    After twice reviving a suit accusing BNSF Railway Co. of causing a worker's injuries suffered in an on-the-job auto collision, a Minnesota appellate panel on Monday finally affirmed a summary judgment ruling in the railroad's favor, saying certain expert witness testimony was properly excluded.

  • May 10, 2021

    Hertz OT Suit Dismissed After Ch. 11 Settlement Approval

    A Florida overtime lawsuit brought by a class of managers at car rental giant Hertz Global's airport locations was voluntarily dismissed Friday after a Delaware bankruptcy judge approved a Chapter 11 deal that resolved the $75 million in claims.

Expert Analysis

  • Thought Leadership's Critical Role In Law Firm Diversity

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    Minority attorneys are often underrepresented in conferences, media interviews and other law firm thought leadership campaigns, which affects their visibility with potential clients and their ability to advance at their firms, says John Hellerman at Hellerman Communications.

  • 9th Circ. Ruling Offers Defendants Hope On Remand Appeals

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    The Ninth Circuit's recent decision in Academy of Country Music v. Continental Casualty comes as welcome news for defendants in many types of litigation because it outlines a possible avenue for appeal when an attempt to remove a case from state court to federal court has resulted in a remand order, say attorneys at Dechert.

  • The Right Approach To Personal Jurisdiction In Class Actions

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    Since the U.S. Supreme Court's 2017 decision in Bristol-Myers Squibb Co. v. Superior Court, three approaches to personal jurisdiction over absent class members have emerged in the lower courts, but only one comports with due process and limitations on procedural devices imposed by the Rules Enabling Act, say David Kouba and Andreas Moffett at Arnold & Porter.

  • It's Time To Modernize Amateurism In College Sports

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    Recent U.S. Supreme Court oral arguments in a case challenging the NCAA’s freedom from antitrust constraints — together with proposed federal legislation and U.S. Golf Association rules favorable to student-athletes — signal a coming, needed sea change in the definition of amateurism in college sports, says Geoffrey Lottenberg at Berger Singerman.

  • What Associates Should Consider Before Switching Practices

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    The current high demand for midlevel associates provides them a rare opportunity to potentially explore new practice areas, but associates should first ask themselves six questions to begin figuring out why a change sounds appealing, says Stephanie Biderman at Major Lindsey.

  • 4 Effective Ways To Prioritize Client Advocacy

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    To truly support a client going through a complicated lawsuit or a painful experience, lawyers must think beyond interpreting legal guidelines and navigating court proceedings, says attorney Scott Corwin.

  • Remote Law Firm Culture Should Prioritize Associate Training

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    Due to the pandemic, the gap between law school and the first day on the job has never been wider, but law firms can leverage training to bridge that intimidating gap and convey the unique value of their culture in a virtual environment, say Melissa Schwind at Ward and Smith, and William Kenney and Jaron Luttich at Element Standard.

  • Virtual Litigation May Unravel The Narcissistic Lawyer

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    The virtual courtroom limits a narcissistic lawyer's ability to intimidate witnesses and opposing counsel, boast to clients or engage in grandstanding — an unexpected benefit of the global pandemic as some aspects of remote litigation are likely here to stay, says Jennifer Gibbs at Zelle.

  • 2 Ways High Court Could Reshape Patent Assignor Estoppel

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    Whether or not the U.S. Supreme Court in Minerva Surgical v. Hologic repudiates a doctrine precluding patent assignors from attacking the validity of the patent rights they assigned in employment or other agreements, it should provide much-needed clarity on it, say David Fox and Christopher Kennerly at Paul Hastings.

  • ABA Remote Work Guide Raises Bar For Atty Tech Know-How

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    A recent American Bar Association opinion on lawyers' ethical duties of competence and confidentiality when working remotely should be viewed as part of a larger movement by which attorneys are being exhorted to develop competence in 21st century technology, say Jennifer Goldsmith at Ironshore and Barry Temkin at Mound Cotton.

  • Lateral Hire Conflict Screening Lessons From DLA Piper Case

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    While a Texas federal court recently denied a motion to disqualify DLA Piper from representing Apple in a patent dispute after the law firm hired an attorney who formerly represented opponent Maxwell, the case is a reminder that robust conflict checks during lateral hiring can save firms the time and expense of defending disqualification motions, says Hope Comisky at Griesing Law.

  • Navigating Dems' Whistleblower-Friendly Stance

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    Employers are likely to face robust whistleblower enforcement from newly Democratic state and federal governments, but compliance programs that include clear reporting channels, protocol and protections can mitigate risk while improving productivity and morale, say Gregory Keating and Daniel Green at Epstein Becker.

  • 3 Cybersecurity Questions To Ask Before A Remote Mediation

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    Lawyers preparing to mediate or arbitrate a case through videoconference should take steps to ensure they and their alternative dispute resolution providers are employing reasonable security precautions to protect digital client data and conform to confidentiality obligations, say F. Keith Brown and Michael Koss at ADR Systems.

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