More Employment Coverage

  • June 01, 2022

    Sidley Not Conflicted, NJ Diocese Ch. 11 Moves Forward

    The bankrupt Diocese of Camden received approval for its Chapter 11 plan disclosures with warnings from the court, Sidley Austin was found not to be conflicted when it represented the Boy Scouts of America, and Arizona law doomed a $16 million lien claim asserted by the Dutch government in the MD Helicopters bankruptcy. This is the week in bankruptcy.

  • June 01, 2022

    Illinois Workers Sue Microsoft Over Biometric Privacy Law

    A proposed class of workers wants to hold Microsoft liable for violations of Illinois' biometric privacy law, arguing in a state court complaint that because the tech giant stores biometric information on behalf of a payroll service used by their employers, it's also subject to regulation under the statute. 

  • June 01, 2022

    Louisiana Firm Seeks End To Ex-Partner's Harassment Suit

    A now-defunct Louisiana law firm embroiled in multiple disputes stemming from its dissolution has asked a Texas federal judge to toss a lawsuit alleging it cut out a former partner and hacked his phone, arguing the suit is identical to existing ones and was filed in a bid to forum shop.

  • June 01, 2022

    Ga. Justices Won't Shield GM CEO From Being Deposed

    The Georgia Supreme Court on Wednesday denied General Motors LLC's request to protect CEO Mary Barra from being deposed in a widower's wrongful death and product liability suit, but sent the issue back to a trial court for reconsideration.

  • June 01, 2022

    Ex-Dentons Partner Says $34M Fee Fight Must Stay In Calif.

    An ex-Dentons partner is fighting to preserve a long-shot win against his former firm in an ugly dispute over a $34 million contingency fee, urging a California appeals court to let the case play out in the Golden State and claiming Dentons exploited a loophole in California's arbitration laws to send it to New York.

  • May 31, 2022

    FCA Split Has High Court Momentum Despite DOJ's Critique

    There's a good chance the U.S. Supreme Court will agree to assess whether False Claims Act whistleblowers must pinpoint potentially fraudulent billing because a new filing from the U.S. Department of Justice fails to debunk the consensus view of a serious circuit split, lawyers say.

  • May 31, 2022

    DOJ Urges 11th Circ. To Revive CDC's Transit Mask Mandate

    The U.S. Department of Justice urged the Eleventh Circuit to reverse a Florida federal court's order striking down the federal mask mandate for public transportation, arguing Tuesday that the rule is within the Centers for Disease Control and Prevention's authority.

  • May 31, 2022

    Ex-Bulls Player Set For 1st Plea Over NBA Health Plan Fraud

    Former Chicago Bulls player Eddie Robinson is set to plead guilty to federal charges that he participated in a $4 million NBA health plan fraud — which would mark New York prosecutors' first plea in the case against 22 individuals.

  • May 31, 2022

    Mass. Law Governs Interest On $5.3M Planet Fitness Verdict

    A Massachusetts appeals court has found that a trial court judge should have applied its state's laws instead of New Hampshire's when awarding prejudgment interest on a $5.3 million verdict against Planet Fitness Holdings LLC in a suit by its former chief financial officer.

  • May 31, 2022

    Millions In Payouts To Ga. Insurer Violated ERISA, DOL Says

    The U.S. Department of Labor sued a Georgia health insurance company and its CEO in Georgia federal court Friday, alleging they paid themselves and affiliated companies millions of dollars from employer health plan assets in violation of the Employee Retirement Income Security Act.

  • May 31, 2022

    NJ Justices Uphold Residency Exclusion In City's Payroll Tax

    Jersey City's payroll tax structure that excludes workers who live in the city from the tax's calculations passes constitutional muster, the New Jersey Supreme Court affirmed Tuesday, rejecting arguments from businesses that claimed the tax discriminated against interstate commerce.

  • May 31, 2022

    DOJ's Stance On Pot Case 'Unusually Weak,' High Court Told

    A medical cannabis patient on Tuesday urged the U.S. Supreme Court to take up her appeal challenging whether federal drug policy preempts state cannabis laws and to reject the "unusually weak arguments" put forth by the U.S. Department of Justice.

  • May 31, 2022

    Ga. Judge Frees Health Benefits Co. From Trade Secrets Case

    A Georgia federal judge said the former employer of a health benefits sales worker hasn't shown that the man's new employer convinced him to break an employment agreement by accepting emails that allegedly contained confidential information.

  • May 31, 2022

    Catching Up With Delaware's Chancery Court

    Tales of backstabbing, disabling conflicts and handbags costing six figures closed out a three-day trial for Aerojet Rocketdyne Holdings Inc. last week. The Delaware Chancery Court also pounded the gavel on a Brooklyn-based startup's power struggle, censured some "contumacious" cannabis company investors, and told a reality TV star to get real.

  • May 31, 2022

    Walmart Must Face BIPA Claims Over Voice-Tracking Software

    Walmart must face claims it unlawfully requires Illinois warehouse workers to use voice recognition software without informed consent, a federal judge said Tuesday, ruling the biometric privacy claims were plausibly alleged.

  • May 31, 2022

    Michael Best Boosts Labor And Employment Team In NC

    Michael Best & Friedrich LLP has brought aboard a labor and employment attorney as senior counsel in its Charlotte, North Carolina, office.

  • May 30, 2022

    Law360 Names 2022's Top Attorneys Under 40

    Law360 is pleased to announce the Rising Stars of 2022, our list of 176 attorneys under 40 whose legal accomplishments belie their age.

  • May 27, 2022

    Del. Court Restores Startup's CEO, CTO Jobs After Purge

    A Delaware Chancery Court judge on Friday ordered shareholders of startup Parity Technologies Inc. to reinstate the company's dueling chief executive and chief technology officers after they both pushed each other out in a leadership shake-up earlier this month.

  • May 27, 2022

    DC Circ. Denies SEC Bounty To Pre-Dodd-Frank Whistleblower

    The D.C. Circuit on Friday sided with the U.S. Securities and Exchange Commission and said the commission was correct to deny a whistleblower award to a former broker for the now-defunct Bear Stearns Companies Inc. who claims he helped the government prosecute a fraud before the passage of the Dodd-Frank Act.

  • May 27, 2022

    NJ AG, Gov.'s Aide Meet Skepticism Over Exiting Virus Suit

    A New Jersey state judge on Friday challenged bids from the state attorney general and the governor's chief of staff to walk away from a lawsuit brought by a former assistant commissioner of the state's Department of Health, questioning their position that they did not qualify as his employer under the state's whistleblower law.

  • May 27, 2022

    Sports Agency Stops Former Exec's Job With Rival For Now

    A New York state appeals court said Klutch Sports Group LLC can't employ an executive from a rival agency until a contract dispute between the two is adjudicated or till eight months have elapsed since the executive left his previous job, whichever happens first.

  • May 27, 2022

    Texas Justices Rule Opinions Aren't Whistleblower Reports

    The Texas Supreme Court on Friday ended a lawsuit filed by two former high-ranking Fort Worth police officers who allege they were demoted for suggesting the department open a perjury investigation into a third officer, finding the men didn't qualify for whistleblower protection because their report only disclosed opinions.

  • May 27, 2022

    NJ Employers In 'No Man's Land' With Pot Testing Experts

    A novel method of using experts to test workers for cannabis impairment remains a murky area in New Jersey's recreational marijuana market, with regulators yet to develop standards and the underlying methodology being challenged before the state's highest court.

  • May 27, 2022

    Limetree Bay Reaches Ch. 11 Deal On OSHA Penalties

    The former owner of a St. Croix oil refinery has received court approval for an agreement with the Occupational Safety and Health Administration that resolves a series of penalties assessed against debtor Limetree Bay Refining before it commenced its Chapter 11 case.

  • May 27, 2022

    Fired King & Spalding Atty Loses Benefit Interference Claim

    King & Spalding LLP did not fire a former associate in order to cheat him out of $20,000 in 401(k) contributions, a New York federal judge has ruled, ending his lengthy wrongful termination case.

Expert Analysis

  • 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.

  • Rule 702 Proposal Would Bring Clarity To Expert Admissibility

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    Proposed amendments to Federal Rule of Evidence 702 will, if approved, clarify the standards governing admissibility of expert testimony in criminal and civil cases, minimize the potential that a jury is swayed by unreliable testimony, and establish courts as gatekeepers, say attorneys at Pillsbury.

  • Rethinking E-Discovery Readiness Amid Rise Of Collab Tools

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    Online collaboration platforms and instant messaging tools are quickly becoming the primary mode of internal business communications, leading to disputes around discoverability of data on these platforms and underscoring the need for new preservation processes to ensure compliance with discovery obligations, say Jay Carle and Ryan Tilot at Seyfarth.

  • 3 Jurisdictional Questions After High Court Arbitration Ruling

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    The U.S. Supreme Court's recent decision in Badgerow v. Walters narrows federal courts' jurisdiction over post-arbitration disputes, but leaves unresolved jurisdictional issues, including its applicability to other Federal Arbitration Act sections, its effect on federal question analysis, and its influence on arbitration disputes properly venued in federal court, say Michael Gill and Andrew Spadafora at Mayer Brown.

  • Embracing ESG: Uber Counsel Talks Safety Standards

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    Katie Waitzman at Uber discusses how in-house counsel can use environmental, social and corporate governance principles to bridge risk and innovation, as exemplified by the company’s recent women’s safety initiatives.

  • Prospectively Appointing Jackson To High Court Is Unlawful

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    President Joe Biden should rescind his prospective appointment of Judge Ketanji Brown Jackson to the U.S. Supreme Court as the decision contradicts the court's reasoning in Marbury v. Madison, raises gravely troubling issues regarding presidential discretion and brings a serious question about her legitimacy as a justice, says attorney John Reeves.

  • Post-Arb. Claims May Face Challenges After High Court Ruling

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    In Badgerow v. Walters, the U.S. Supreme Court recently held that a federal court may not look through to the underlying dispute to decide jurisdictional questions under the Federal Arbitration Act, likely forcing arbitral parties seeking to confirm or vacate an award to file in state courts — which are historically more hostile to arbitration, say Teresa Reuter and Jason Marsico at Sidley.

  • Time To Fix Legal Industry's Environmental Pro Bono Problem

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    As we observe Earth Month, it's sobering to note that pro bono environmental law work lags behind other practice areas — but the good news is that there are numerous organizations that can help lawyers get connected with environment-related pro bono projects, says Matthew Karmel at Riker Danzig.

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