More Employment Coverage

Expert Analysis

• Mitigating Risk Amid Layoff-Driven Confidential Witness Boom

  

  Corporate counsel should proactively allay risk stemming from securities fraud plaintiffs' use of confidential witnesses, which could become more common against the backdrop of pandemic-induced layoffs, say attorneys at Dechert.

• Pleading Tortious Interference Claims In Calif. After Ixchel

  

  Last August, the California Supreme Court ruled in Ixchel v. Biogen that claims for tortious interference with at-will agreements require evidence of independent wrongful acts, and in the decision's wake we are already seeing indications that motions to dismiss such claims may become more successful, say Amanda Main and Tijana Brien at Cooley.

• The Case For Diversity In Internal Investigation Teams

  

  Teams that represent differing backgrounds can uniquely strengthen internal investigation processes with more thorough deliberation, better interviewee trust-building and more effective problem-solving, so law firms and clients alike must avoid the natural impulse to select homogenous groups, say Karin Portlock and Jabari Julien at Gibson Dunn.

• Ariz. Workers' Comp Opinion May Apply To COVID-19 Stress

  

  The Arizona Supreme Court's recent decision about post-traumatic stress disorder in France v. Industrial Commission of Arizona may open the door for employees in the state to receive workers' compensation benefits for mental injuries caused by the stresses associated with forced telework amid COVID-19, says Ryan Heath at Gilson Daub.

• 5 Ways Outside Counsel Can Impress Their Clients

  

  Attorneys can build lasting relationships with corporate clients by thinking of in-house counsel as project partners, adhering to a few basic communication principles and thinking beyond legal advice, says Gerry Caron, chief counsel for safety, health and environment at Cabot.

• Pa. Tax Talk: Who Can Get A Philadelphia Wage Tax Refund

  

  The specifics of Philadelphia-based employers' remote work policies during the pandemic will have a significant effect on employees' abilities to collect city wage tax refunds and on the future of the wage tax itself, says Jennifer Karpchuk at Chamberlain Hrdlicka.

• IRS Should Level The Field For R&D Tax Credits

  

  A recent increase in denials of research and development tax credits to small businesses in the architectural, engineering and construction community shows the Internal Revenue Service should issue new guidance to ensure a fair playing field and an opportunity to continue innovating in the U.S., says Julio Gonzalez at Engineered Tax Services.

• Ethics Tips For Attorneys Telecommuting Across State Lines

  

  Attorneys working remotely from jurisdictions in which they are not admitted should take precautionary steps to avoid engaging in unauthorized practice of law, say John Schmidt and Michael Seaman at Phillips Lytle.

• For Trucking Accident Plaintiffs, Access To Evidence Is Key

  

  The country is relying more than ever on the trucking industry during the COVID-19 pandemic, but when trucking companies fail to properly manage drivers, plaintiffs attorneys can use statutes that enforce access to evidence to obtain justice for accident victims, says Sam Coffey at Coffey Trial Law.

• Inside DC Bar's New Guidance On Multiple Representation

  

  The D.C. Bar recently cleared the way for lawyers to represent both a party and a witness in the same case in guidance that could prove influential as multiple representation in employment cases becomes increasingly common, says Alan Kabat at Bernabei & Kabat.

• 6 Ways Legal Employers Can Help Pandemic-Weary Parents

  

  Parenting during the pandemic has introduced a series of competing personal and professional obligations for attorneys and professional staff, and even organizations that are supportive of their parent employees can take steps to do better, says Meredith Kahan at Saul Ewing.

• How Cos. Can Weather Growing DOJ Labor Antitrust Scrutiny

  

  In light of of the U.S. Department of Justice's increasing antitrust scrutiny of labor markets and President Joe Biden's vow to eliminate most noncompetes, companies should customize their compliance plans and review employee agreements to mitigate risk, say Eric Grannon and Adam Acosta at White & Case.

• Pandemic Force Majeure Interpretations May Be Shifting

  

  A New York federal court's ruling in JN Contemporary Art v. Phillips Auctioneers, deeming COVID-19 to be a natural disaster that triggers a force majeure clause, appears to loosen previously strict contours of contractual interpretation and could create a legal quandary for obligees, say Kimberly Daily and Matthew Rawlinson at Eversheds Sutherland.