More Employment Coverage
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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.
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May 26, 2022
Startup Wants Illumina Trade Secret Suit Tossed
Silicon Valley-based cancer diagnostics startup Guardant said that a Delaware federal judge should toss gene sequencing company Illumina's lawsuit alleging trade secret theft, saying Illumina was just trying to suppress competition and ruin a competitor's business.
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May 26, 2022
Chamberlain Hrdlicka Grows Houston Office With 8 Attys
Tax-focused firm Chamberlain Hrdlicka White Williams & Aughtry PC announced a major expansion of its Houston office, adding eight attorneys in a wide range of practice areas including bankruptcy, labor and employment, tax planning, and trusts and estates.
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May 26, 2022
NJ Atty Must Face Town's Suit Over $118K Health Benefits
A New Jersey state appeals court on Wednesday revived a legal malpractice action filed by Manville, New Jersey, against its former borough attorney alleging the lawyer improperly received more than $118,000 in health benefits from the municipality for him and his wife.
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May 26, 2022
ConAgra, Worker Spar On Public Policy In COVID Death Suit
ConAgra Foods Packaged Foods LLC and a worker whose wife died of COVID-19 are butting heads in Wisconsin federal court over whether public policy should allow the woman's estate to sue the company on wrongful death claims.
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May 26, 2022
Ex-ADI Engineer Cleared Of Most Charges In Trade Secret Trial
A Boston federal jury on Thursday acquitted a former Analog Devices Inc. engineer on all but one charge in a case alleging he stole company trade secrets to jump-start a side business selling computer chips and violated export laws by shipping the schematics overseas.
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May 25, 2022
Mortgage Exec. Sent Love Interest To Spy On Rival, Suit Says
The president of a home loan company allegedly set into motion a "shocking scheme," sending her love interest and employee to work at a rival mortgage company in order to spy on its business dealings and bring back trade secrets, according to a lawsuit filed Wednesday in Alabama federal court.
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May 25, 2022
Ill. Court Trims Ex-Cannabis Worker's Mold Retaliation Suit
A former PharmaCann worker who says he was fired for raising concerns over moldy cannabis plants can continue pursuing his common-law retaliation claim against the company, but his whistleblower claim is too legally deficient to proceed, an Illinois state judge said Wednesday.
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May 25, 2022
Chevron Must Cover Kinder Morgan Unit In Asbestos Suit
Chevron USA must defend and indemnify a Kinder Morgan energy unit in a wrongful death suit involving allegations of asbestos exposure, a Texas federal judge ruled Wednesday, saying the underlying action falls within the provisions of a 1988 stock purchase agreement between Chevron and the energy company's predecessor.
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May 25, 2022
Vaughan Baio Adds 8 Attorneys In NJ, NY And Penn.
Vaughan Baio & Partners has expanded its offices in New Jersey, New York and Pennsylvania with the addition of eight attorneys, including five partners and three associates, the firm announced this week.
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May 25, 2022
Ga. Atty Asks 11th Circ. To Revive Dickinson Wright Bill Row
A Georgia attorney has asked the Eleventh Circuit to salvage his suit against Dickinson Wright PLLC, saying a federal judge was wrong to dismiss claims that the firm misled him into taking on a case he was never paid for, which he contends led to his ouster from Gregory Doyle Calhoun & Rogers LLC.
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May 24, 2022
McKinsey Raided In Paris Over Tax Fraud Concerns
Police in France raided the Paris base of global consulting company McKinsey on Tuesday morning over suspicions of tax evasion, a spokesperson for the company confirmed to Law360.
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May 24, 2022
Pay Consultant Traded On Client's Sanofi Intel, Feds Say
A California executive compensation consultant has been charged with insider trading for bets he made on a biopharmaceutical client right before it was acquired by Sanofi SA, federal prosecutors in New York announced Tuesday.
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May 24, 2022
Photo Co. Founder Sues Merger Partner For Post-Deal Purge
The founder of Collage.com, an e-commerce business that lets customers create photo-centered gifts, sued the site's merger partner and a private equity backer in Delaware Chancery Court, saying he had been promised a post-merger executive position, but instead was fired just weeks after the deal closed.
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May 24, 2022
Ex-Celtic Davis Has 'Fouled Out,' Judge Says In Bail Review
A Manhattan federal judge on Tuesday scolded retired Boston Celtics center Glen "Big Baby" Davis for repeatedly violating his bail conditions in the $4 million NBA health plan fraud case, threatening him with pretrial detention if he commits another "foul."
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May 24, 2022
11th Circ. Says Insurer Can Pursue Suit Over Club Shooting
The Eleventh Circuit reversed the dismissal of an insurer's suit seeking to avoid coverage of a fatal Miami nightclub shooting, finding that a Florida federal judge erred when ruling that the facts of the case "overlapped significantly" with a state court action brought by the estate of a deceased employee.
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May 24, 2022
9th Circ. Reverses State Farm's Win Over Injured Worker
A Ninth Circuit panel overturned a lower court's ruling awarding summary judgment to a State Farm unit, finding there is a genuine dispute whether an employee exclusion applies to bar coverage for an individual's suit over a work injury.
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May 23, 2022
NY Lawmakers Grant 1-Year Grace Period For Sex Abuse Suits
The New York Assembly on Monday passed the Adult Survivors Act, which, if signed by the governor, would open up sexual assault and abuse litigation by creating a one-year window for adult survivors whose claims are otherwise time-barred.
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May 23, 2022
Pot Cos. Verano, Harvest Win $228K In Row With Ex-Worker
Cannabis companies Verano Holdings LLC and Harvest Health & Recreation Inc. and several other defendants who were hit with a Racketeer Influenced and Corrupt Organizations Act by a former worker over his arrest, have asked a Colorado federal judge to confirm a $228,000 combined award they were given by an arbitrator.
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May 23, 2022
DA Rebuffs Trump Org, CFO's Bid To Escape Tax Fraud Case
The Manhattan district attorney said the tax fraud evidence against longtime Trump Organization finance chief Allen Weisselberg has nothing to do with politics or his previous federal grand jury testimony, waving off the CFO's narrative of a tainted prosecution.
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May 23, 2022
Tech Co. Beats Bias Suit From Worker Imprisoned For Arson
A California federal court threw out a lawsuit from a former technology company manager currently incarcerated for setting his supervisor's house on fire, determining that the ex-worker didn't show that reporting alleged harassment earned him a cold shoulder on leave requests.
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May 23, 2022
Miami Hotel Operator Says Firing Was Revenge For Divorce
An Argentinian man who previously ran a luxury South Beach hotel told a Florida federal judge on Monday that his former father-in-law unjustly fired him from his job as an act of revenge for his divorce and owes him millions in damages.
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May 23, 2022
NFLer's Drug Test Suspension Suit Thrown Out Over Delay
A Texas federal judge on Monday threw out a suit by former Dallas Cowboys player La'el Collins over a five-game suspension stemming from his alleged violation of the NFL's drug testing policies, saying he has failed to prosecute the case.
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May 23, 2022
Home Care Co., Ex-Exec Settle Trade Secrets Row
Home health care coordinator CareCentrix Inc. has reached a settlement with a former executive it accused of spying for competitor Signify Health LLC and will voluntarily dismiss the lawsuit, the parties told a Delaware federal court Monday.
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May 23, 2022
Roche Freedman Defends Subpoenas To Ex-Partner's Clients
Law firm Roche Freedman LLP hit back at arguments that it was improperly bombarding former clients with subpoenas, telling a New York federal court that the subpoenas are highly relevant to its case against a former name partner.
Expert Analysis
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When Congress Seeks Cos.' Nonpublic Info From Regulators
Increasingly, congressional investigators seek out private parties' confidential documents from the federal agencies that regulate them — and because Congress is uniquely empowered to override nondisclosure protections surrounding nonpublic information, companies must understand the rules and risks involved, say attorneys at Covington.
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Health Care Is In DOJ's Criminal Antitrust Crosshairs
The U.S. Department of Justice's criminal antitrust enforcement in health care has picked up significant momentum in recent years, notably in the industry's labor market, amplifying the importance of proactive compliance programs, say Dylan Carson and Antonio Pozos at Faegre Drinker.
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Enforcement Takeaways From ABA Antitrust Meeting
The American Bar Association's recent Antitrust Law Spring Meeting offers signs that the Antitrust Division of the U.S. Department of Justice will be taking on tough cases such as those involving criminal Section 2 enforcement and labor market practices, reminding businesses that they should avoid even the appearance of noncompliance, say attorneys at Perkins Coie.
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In Early Mediation, Negotiate With Empathy, Not Threats
With courts encouraging early settlement conferences to tackle the COVID-19 backlog, parties should consider that authenticity, honesty and the ability to see beyond one's own talking points are far more persuasive tools than threats of a distant possible determination by a court or arbitrator, says Sidney Kanazawa at ARC.
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Addressing Problematic Drinking In The Legal Profession
To curb problematic drinking, on the rise during the pandemic, legal employers should implement comprehensive responsible drinking policies that are taken seriously by firm leadership, and provide alternatives for creating a healthy workplace culture, says Anne Brafford at the Institute for Well-Being in Law.
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A Workers' Comp. Defense Refresher For Georgia Employers
With workers’ compensation claims projected to increase as employees return to the workplace amid a slowing pandemic, Georgia employers and insurers should understand the available defenses under state law, including willful misconduct and intoxication, to protect against liability, say Debra Chambers and Nichole Novosel at Swift Currie.
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Justices Must Apply Law Evenly In Shadow Docket Rulings
In recent shadow docket decisions, the U.S. Supreme Court has inconsistently applied the requirement that parties demonstrate irreparable harm to obtain injunctive relief, which is problematic for two separate but related reasons, says David Hopkins at Benesch.
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Tips For Negotiating Litigation Funding Agreements
Allen Fagin and Ralph Sutton at Validity Finance break down the key components of litigation funding term sheets — from return calculations to funder involvement — and explain what law firm leaders should keep in mind when negotiating these provisions.
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5 Mediation Mistakes That Create Obstacles To Settlement
Overly litigious behavior ranks high among common mistakes attorneys make during mediation, as do premature ultimatums, failure to account for compounding risks, and more, say Lynn O'Malley Taylor and Rachel Gupta at JAMS.
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The Problem With GOP Attack On Jackson Immigration Ruling
Republican criticism of Judge Ketanji Brown Jackson's decision in Make the Road New York v. McAleenan, halting a Trump administration immigration policy, is problematic because the ruling actually furthered the separation of powers ideals that the GOP claims to support, says Thomas Berry at the Cato Institute.
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4 Steps USCIS Should Take To Avoid Green Card Waste
U.S. Citizenship and Immigration Services should implement specific measures to increase service center efficiency, streamline records management and accelerate immigrant visa application processing to avoid wasting thousands of unused green card slots expiring at the end of the fiscal year, say Kelli Duehning and Steven Plastrik at Berry Appleman.
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5 Ways Law Firm Leaders Can Prioritize Strategic Thinking
Consultant Patrick McKenna discusses how law firm leaders can make time for strategic projects to keep pace with the rate of change in the profession today, as 24/7 technology-abetted demands mean leaders are spending less time exploring new opportunities and more time solving problems.
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Where Judge Jackson Stands On Key Civil Procedure Issues
During Judge Ketanji Brown Jackson’s confirmation hearings this week, senators didn’t question her on the many procedural issues that frequently come before the U.S. Supreme Court, but a deep dive into her judicial record illuminates her stance on Article III standing, personal jurisdiction and more, says James Wagstaffe at Wagstaffe von Loewenfeldt Busch.