More Employment Coverage

  • August 29, 2023

    Fanatics Can't Ship Lawsuit To NY, Rival Card Co. Says

    Trading card company Panini America Inc. is fighting against the transfer of its antitrust suit to a New York federal court, saying the arguments from competitor Fanatics Inc. to do so are misleading and fall flat, because Fanatics has consistently done business in Florida.

  • August 29, 2023

    Ex-Lincare CEO Agrees To Sit Out Before Joining Competitor

    The former CEO of health care equipment and gas supplier Lincare Inc. has agreed to be benched for 45 days past the scheduled Sept. 1 start date of his new job as CEO of a competitor and to pay up to $25,000 toward a review of his electronic devices, according to a stipulation.

  • August 29, 2023

    A Deep Dive Into Law360 Pulse's Women In Law Report

    The legal industry experienced incremental gains for female lawyers in private practice in the U.S., according to Law360 Pulse's Women in Law Report, with women now representing half of all associates.

  • August 29, 2023

    Spanish Soccer Leaders Demand President's Resignation

    The governing body of Spanish soccer has demanded the resignation of its own president, Luis Rubiales, who faces mounting backlash for kissing national team midfielder Jenni Hermoso on the lips in an incident Hermoso said was not consensual.

  • August 28, 2023

    Ex-Workers Allege Illegal Activities At Fla. Sports Nonprofit

    Two former employees of the United States Specialty Sports Association are suing the Florida-based nonprofit, its CEO and other executives in federal court for allegedly running an illegal sports gambling operation, misusing the organization's funds for personal benefit, and illegally firing any whistleblowers.

  • August 28, 2023

    Catching Up With Delaware's Chancery Court

    Delaware's Court of Chancery last week gave a failing grade to a "textbook" bad contract case, called time-out on a foot-dragging plaintiff, and got an unusual request from an investment firm to revisit the math on an appraisal decision.

  • August 28, 2023

    Ex-VP Accused Of Throwing License At NC Court Reporter

    A former division vice president at an HVAC company allegedly threw his driver's license at a court reporter and has refused to comply with a settlement agreement he signed in a trade secrets fight with his former employer, the company has told the North Carolina Business Court.

  • August 28, 2023

    2nd Circ. Upholds $312K Sanctions In WWE Concussion Suit

    The Second Circuit on Monday upheld a sanctions order against a Massachusetts attorney and his law firm that stemmed from a district court's ruling that he had engaged in repeated pleading and discovery misconduct in his concussion lawsuits against World Wrestling Entertainment.

  • August 28, 2023

    Ga. Judge Facing Ethics Trial Wants Evidence Blocked

    A Georgia probate judge facing a trial next month on dozens of ethics charges has asked the state's judicial disciplinary panel to stop disciplinary authorities from using two witnesses' statements, social media posts that have not been independently authenticated, and a video where she uses the term "homeless-sexual."

  • August 25, 2023

    7th Circ. Revives Ex-McDonald's Workers' No-Poach Case

    A Seventh Circuit panel revived Friday a proposed antitrust class action challenging McDonald's since-discontinued no-poach provisions in franchisee agreements that barred employees from working at other locations, finding the allegations are sufficient and the trial court prematurely decided the "complex" antitrust issues.

  • August 25, 2023

    3rd Circ. Rejects FCA Defense Using 'Single Escobar Factor'

    The Third Circuit on Friday revived a False Claims Act suit alleging billing of Medicare for hospice care without valid diagnoses of terminal illness, finding that a New Jersey federal judge ascribed too much importance to a single piece of the U.S. Supreme Court's Escobar ruling.

  • August 25, 2023

    Liquor Consultant Must Face 50 Cent's Embezzlement Suit

    A Manhattan judge declined on Friday to dismiss claims by Curtis "50 Cent" Jackson that a former Beam Suntory Inc. sales contractor aided a scheme to embezzle $3 million from the rapper's champagne and cognac businesses.

  • August 25, 2023

    NJ Judge OKs Blanket Confidentiality In COVID Firing Suit

    New Jersey acted appropriately when it designated as confidential nearly 11,000 documents it has produced in a former state health official's suit alleging he was fired for raising concerns about purportedly preferential COVID-19 testing, a state court judge ruled Friday.

  • August 25, 2023

    Judge Won't Stay Trading Card Suit While Mulling Transfer Bid

    A Florida federal judge is refusing to pause an antitrust lawsuit by trading card company Panini against rival Fanatics while deciding whether to transfer the suit to New York federal court, saying that proceeding would not place an undue burden on Fanatics or force it to duplicate its work.

  • August 25, 2023

    Arthur J. Gallagher Must Face Ex-Exec's $6M Benefits Suit

    An Illinois federal judge refused to toss a lawsuit a former executive brought against Arthur J. Gallagher & Co. accusing it of abruptly firing him so it could avoid paying nearly $6 million in deferred compensation benefits, saying he put forward enough detail to keep his case in court.

  • August 24, 2023

    Ex-Lincare CEO Fights Injunction In Trade Secrets Suit

    Attorneys for international gas supplier Linde Inc. and its medical subsidiary Lincare Inc. on Thursday told a federal judge that Lincare's outgoing CEO, who is poised to join a rival, made "startling admissions" about destroying a hard drive and deleting data after being asked to preserve evidence in a lawsuit.

  • August 24, 2023

    Nursing Home's Blown Deadline Leaves It On Hook For $7M

    A Texas appellate panel affirmed Thursday a $7.1 million verdict in favor of a nursing home assistant who was injured after a bariatric surgery patient fell on her leg, saying the home failed to lodge an appeal by the 30-day deadline due to an email overlooked by defense counsel.

  • August 24, 2023

    BofA Wins Bid For Arbitration In COVID Loan-Forgiveness Suit

    A Maryland federal judge has dismissed and ordered arbitration for a suit accusing Bank of America of misguiding small businesses on how to use the pandemic-era Paycheck Protection Program, addressing a dispute over whether a binding agreement to arbitrate even "threshold issues of arbitrability" was in place.

  • August 24, 2023

    Chemical Co. Accuses AIG Of Improper Injury Coverage Denial

    A chemical distribution company is accusing AIG of wrongfully refusing to cover its defense in a series of state court cases claiming injuries from exposure to harmful substances, according to the insurer's Thursday notice of removal to Washington federal court. 

  • August 24, 2023

    2nd Circ. Revives Marsh McLennan Data Breach Suit

    The Second Circuit revived a former Marsh & McLennan employee's lawsuit seeking relief for what she called the professional services firm's failure to protect her personal information in a data breach, with a panel finding the employee adequately alleged a concrete and actual injury.

  • August 24, 2023

    2nd Circ. Backs Tyco In Worker's Air Tank Explosion Suit

    The Second Circuit on Thursday sided with Tyco Fire Products LP in a worker's suit alleging that he lost a leg when an air tank sold by the company ruptured and caused an explosion, finding that his common law claims are preempted by federal law.

  • August 24, 2023

    7th Circ. Won't Limit BIPA Claim Accrual In White Castle Suit

    The Seventh Circuit upheld a district court's ruling that an employer creates a litigable injury every time it collects fingerprint data in violation of the Illinois Biometric Information Privacy Act and held that a White Castle worker should be allowed to proceed with her case.

  • August 24, 2023

    Shipping Co. Manager Will Face Trade Secret Claims Again

    The former general manager of a global shipping and transportation company is headed to trial again on allegations he stole trade secrets from his ex-employer when a competitor hired him, with a Detroit federal judge saying jurors have to decide the case.

  • August 24, 2023

    Littler Taps Ex-Missouri Labor Dept. Leader From Deloitte

    Littler Mendelson PC has hired the former director of the Missouri Department of Labor and Industrial Relations workers' compensation division, who most recently was working as a Deloitte consultant.

  • August 23, 2023

    Cruise Software Co. Says Carnival Can't Hire Its Ex-Employees

    Cruise line software company DeCurtis Holdings told a Delaware bankruptcy judge Wednesday that Carnival Corp. violated DeCurtis' Chapter 11 stay by hiring two ex-DeCurtis employees in violation of noncompete and nondisclosure agreements.

Expert Analysis

  • Indemnification In Exec Separation Deals: Read The Fine Print

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    The Delaware Chancery Court’s recent decision denying the former CEO of space infrastructure company Momentus the advancement of legal fees highlights the importance of considering post-employment indemnification and advancement rights in executive separation agreements, says Daniel Morgan at Blank Rome.

  • How Employers Can Prepare For Minn. Noncompete Ban

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    With Minnesota’s sweeping ban on noncompete agreements set to begin July 1, employers must immediately implement new strategies to protect their invaluable intellectual property, customer relationships and investment in employee training, say attorneys at Littler Mendelson.

  • 5 Management Tips To Keep Law Firm Merger Talks Moving

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    Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.

  • 2 Steps To Improve Arbitrator Diversity In Employment Cases

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    There are prevalent obstacles in improving diversity among arbitrator ranks, but in the realm of employment-related disputes, there are two action items practitioners should consider to close the race and gender gap, say Todd Lyon and Carola Murguia at Fisher Phillips.

  • Messaging Apps Bring Tough Data Questions For Employers

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    Employers now more than ever need to be proactive in assessing the flow of business data across their employees' electronic devices, as the increasing use of messaging apps raises serious questions about the ownership, security and privacy of that data, and complicates e-discovery, say Michael Ryan and Taylor Appling at Foley & Lardner.

  • 3 Abortion Enforcement Takeaways 1 Year After Dobbs

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    A year after the U.S. Supreme Court overturned the constitutional right to abortion in Dobbs v. Jackson Women’s Health Organization, confusion continues to abound amid the quagmire of state-level enforcement risks, federal efforts to protect reproductive health care, and fights over geolocation data, say Elena Quattrone and Sarah Hall at Epstein Becker.

  • Rethinking In-Office Attendance For Associate Retention

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    The hybrid office attendance model doesn't work for all employees, but it does for many — and balancing these two groups is important for associate retention and maintaining a BigLaw firm culture that supports all attorneys, says Summer Eberhard at Major Lindsey.

  • Weighing The Risks Of AI For Employee Benefits Admin

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    Although artificial intelligence has the potential to transform employers' administration of benefits, with these opportunities come great risks related to Employee Retirement Income Security Act fiduciary duties and preemption considerations, making the evolving state law landscape even more critical, say attorneys at Michael Best.

  • Murdaugh Trials Offer Law Firms Fraud Prevention Reminders

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    As the fraud case against Alex Murdaugh continues to play out, the evidence and narrative presented at his murder trial earlier this year may provide lessons for law firms on implementing robust internal controls that can detect and prevent similar kinds of fraud, say Travis Casner and Helga Zauner at Weaver and Tidwell.

  • Vicarious Liability Questions On The Line In Texas Crash Case

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    A Texas appellate court's recent decision refusing to adopt the so-called admission rule — which rejects the notion of negligent training as an independent claim against an employer — is likely to be appealed to the state's high court, potentially opening the floodgates for plaintiffs to use reptile theory trial strategies, say attorneys at Wilson Elser.

  • What Courts Say About Workers' Comp And Medical Marijuana

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    Whether employers and insurance carriers are required or allowed to reimburse employees for out-of-pocket costs for treating work-related injuries with medical marijuana has spawned a debate, and the state courts that have addressed this matter are split on a number of issues, say Alexandra Hassell and Anthony Califano at Seyfarth.

  • Tips For Employers Using OSHA Accident And Injury Data

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    Since the Occupational Safety and Health Administration recently issued two memorandums on enhanced penalties for violations, employers are increasingly looking to reduce their OSHA risks, but they are often unaware of the benefits of data analytics and the readily available public data set that can help companies, says Michael Ryan at Foley & Lardner.

  • Firm Tips For Helping New Lawyers Succeed Post-Pandemic

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    Ten steps can help firms significantly enhance the experience of attorneys who started their careers in the coronavirus pandemic era, including facilitating opportunities for cross-firm connection, which can ultimately help build momentum for business development, says Lana Manganiello at Equinox Strategy Partners.

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