Employment

  • July 26, 2017

    Ind. County's Frugal Firings Weren't Age Bias, 7th Circ. Says

    The Seventh Circuit on Wednesday affirmed the dismissal of a suit accusing Indiana’s Lake County of violating the Age Discrimination in Employment Act when it fired 28 retirement-age workers whose insurance threatened to torpedo its budget, saying the workers’ ages were incidental to their firing.

  • July 26, 2017

    Boston Police Test Discriminatory, Judge Rules Again

    A judge in Massachusetts ruled yet again Wednesday that an old Boston police promotion exam from sergeant to lieutenant violated federal discrimination law.

  • July 26, 2017

    Senate Rejects ACA Repeal-Only Bill

    The U.S. Senate on Wednesday rejected legislation that would have repealed the Affordable Care Act’s funding and individual mandate without substituting alternative health care policies.

  • July 26, 2017

    UBS Can't Get Injunction Against Former Consultants

    A Connecticut federal judge has declined to block a firm run by four former UBS Financial Services Inc. Stamford office financial consultants who managed $8 billion in assets from soliciting their former clients, saying that even if one adviser violated a nonsolicitation agreement, any harm to UBS can be easily undone.

  • July 26, 2017

    Trump Bans Transgender People From Serving In Military

    President Donald Trump said via Twitter on Wednesday that transgender people will no longer be allowed to serve in the U.S. military "in any capacity," reversing a Department of Defense policy that had been partially under review by the military branches.

  • July 26, 2017

    Staffing Co. Can’t Evade $1.3M Judgment In Contract Fight

    A Fifth Circuit panel refused Tuesday to upend a jury verdict or subsequent $1.3 million judgment awarded against a staffing company found to have purchased a subsidiary from another business only to short that entity on its contractually promised share of a deferred tax benefit.

  • July 26, 2017

    Houston Atty, Ex-Firm Settle IP Theft Lawsuit

    Houston intellectual property law firm Matthews Lawson McCutcheon & Joseph PLLC and a former firm attorney it had accused of stealing client information to start his own firm asked a judge on Tuesday to dismiss the claims with prejudice.

  • July 26, 2017

    Time Warner Escapes Race Discrimination Suit

    A Georgia federal judge on Tuesday tossed a proposed class action against Time Warner Inc. alleging that its hiring and performance review systems keep minorities from being promoted, calling the complaint poorly drafted and unclear.

  • July 25, 2017

    ACA Repeal Bill Fails Badly In Senate

    Legislation to repeal and replace the Affordable Care Act went down to a stinging defeat late Tuesday despite major changes intended to placate both moderate and conservative Republicans.

  • July 25, 2017

    SEC Chief Pans Fiduciary Rule In Letter To Labor Dept.

    U.S. Securities and Exchange Commissioner Michael Piwowar filed a public comment letter with the U.S. Department of Labor on Tuesday blasting its Obama-era rule requiring retirement advisers to act in their clients’ best interests.

  • July 25, 2017

    DOL Info Request Hints Broad Changes Possible For OT Rule

    The questions posed by the U.S. Department of Labor in its Tuesday request for information on current rules governing exemption from overtime pay show it’s considering several possibilities for rethinking which workers qualify for the extra pay, from setting different pay levels based on geographic area to nixing the salary test altogether.

  • July 25, 2017

    Misnamed Filing Stops U. Of Phoenix FCA Suit's Appeal

    The Ninth Circuit denied two whistleblowers’ attempts to revive their False Claims Act suit against the University of Phoenix, finding in a published decision that the appeal was untimely because the plaintiffs had mislabeled a motion to stay as a filing that would have bought them more time to file an appeal.

  • July 25, 2017

    Wis. Man Pleads Not Guilty To Trade Secrets Theft

    A Wisconsin man accused of stealing trade secrets from his longtime employer to bring to a new job in China pled not guilty in Illinois federal court on Tuesday to a 13-count indictment against him.

  • July 25, 2017

    10th Circ. Says DOL Must Revisit Ruling In Black Lung Case

    A Tenth Circuit panel on Tuesday granted Consolidation Coal Co.’s petition for review and remanded a decision by the Department of Labor Benefit Review Board that awarded survivor’s benefits to the estate of a coal miner's widow under the Black Lung Benefits Act, ruling the board applied the wrong standard.

  • July 25, 2017

    Texas Judge Urges Justices To Review Conspiracy Time Limit

    A Texas appellate judge on Tuesday urged the state Supreme Court to clarify “murky” and “muddled” precedent that sets a flat two-year time limit to bring civil conspiracy claims, saying a more sound rule would be to apply a time limit in line with the underlying tort claim.

  • July 25, 2017

    5th Circ. Says Several T-Mobile Workplace Rules Pass Muster

    The Fifth Circuit on Tuesday mostly struck down a National Labor Relations Board ruling that invalidated various T-Mobile and MetroPCS employee handbook rules, including workplace behavior requirements, but upheld the illegality of a rule banning workplace recordings.

  • July 25, 2017

    Dallas Atty Facing Up To 10 Yrs In $22M Workers' Comp Scam

    A Dallas attorney who was indicted alongside four family members in September 2015 for allegedly perpetrating a scheme to collect more than $22 million in workers' compensation claims entered into an agreement with the government Monday and pled guilty to one count of conspiracy to commit health care fraud.

  • July 25, 2017

    Railroad Injury Row Covered Despite Defense Denial Notices

    A Georgia federal judge found Tuesday that Evanston Insurance Co. remains on the hook for the costs incurred by a railroad defending against a workplace injury suit thanks to a pair of poorly written rights reservation letters.

  • July 25, 2017

    Ex-Fox Exec Says Network Leaked Details Of Sex Assault Deal

    A former executive at Fox News Latino alleged he was publicly scapegoated when the network improperly leaked details to the media of a deal he reached to resolve sexual assault allegations made by a former Fox contributor so that the company could appear tough on allegations of sexual misconduct.

  • July 25, 2017

    Court OKs BCBG Chapter 11 Plan, Rejects $7M Parachute

    A New York bankruptcy judge approved fashion house BCBG Max Azria Group Inc.’s Chapter 11 plan Tuesday while rejecting founder Max Azria’s wife’s claim for a $7 million golden parachute.

Expert Analysis

  • ACA Repeal: Deciphering The Path Ahead

    Michael Parme

    There is simultaneously abundant content about Congress’ recent efforts to repeal and replace the Affordable Care Act and minimal information that would assist the casual observer to make an educated guess about where these efforts are headed. However, the U.S. Senate offered some insight Tuesday when it voted to move ahead with the health care debate, says Michael Parme of Haight Brown & Bonesteel LLP.

  • The 9th Circ.'s Expansive Reading Of Escobar In Gilead

    Sean Hartigan

    Although each of the Ninth Circuit's determinations in U.S. v. Gilead may be appropriate given the specific facts, together they seem to establish a low bar to meet Escobar’s implied certification test, say attorneys with Smith Pachter McWhorter PLC.

  • Weekly Column

    Innovating For Wise Juries: Discussions Before Deliberations

    Richard Lorren Jolly

    To be sure, allowing jurors to discuss evidence before final deliberations proved to be among the least popular of our recommended innovations. But empirical evidence belies these fears, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • 'Enhanced Vetting' Applies To All Immigration Benefits

    Delisa Bressler

    On the same day President Donald Trump issued his executive order implementing a revised version of his travel ban, he also issued a so-called “enhanced vetting” memorandum. The timing of this memo ensured it would be largely overshadowed by the ongoing challenges to the travel ban, but in practical terms it is the vetting memo that is having a broader impact, say Delisa Bressler and Stephanie Paver of Foster LLP.

  • How DOL Opinion Letters Are Of Value To Employers

    Amy Traub

    In a welcome change for employers, the U.S. Department of Labor recently announced that it will once again begin issuing and making available to the public its opinion letters. Beyond offering much-needed guidance on the law, this announcement is also helpful to employers that find themselves already in litigation, say Amy Traub and Amanda Van Hoose Garofalo of BakerHostetler.

  • And Now A Word From The Panel: Who Wants To Be An MDL?

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    As the lineup for this month’s Judicial Panel on Multidistrict Litigation demonstrates, requests to create an MDL do not fit a single mold. They can involve headline news, contemporary politics or exotic vacations. They can even trigger forensic research from the National Archives on the status of cases filed decades ago, says Alan Rothman of Arnold & Porter Kaye Scholer LLP.

  • Attempting To Limit Class Action Waivers And The FAA

    John Hansen

    Two efforts are currently underway to limit the effect of the U.S. Supreme Court's past decisions involving anti-class action arbitration clauses in both consumer and employment agreements. However, both efforts are under attack, says John Hansen of John Hansen Law.

  • 5 Questions Firms Should Ask When Evaluating Litigation AFA

    Gregory Lantier

    Law firm management should understand the client’s reasons for requesting an alternative fee arrangement, and whether approving the fee will help grow the relationship with the client, say attorneys with WilmerHale.

  • For Law Firm Offices, Business Savvy Is The New Cool

    Craig Braham

    Having embraced the notion that the right space can reinforce the right firm culture, law firm leaders have been evaluating real estate primarily for its physical properties. However, it's hard to be collegial, even in the coolest of in-house coffee bars, if your cost structure is untenable, says Craig Braham of Advocate Commercial Real Estate Advisors LLC.

  • Fiduciary Rule's Impact On IRA Annuity Recommendations

    Fred Reish

    Here, attorneys with Drinker Biddle & Reath LLP focus on the prohibited-transaction exemptions that are available to broker-dealers when their registered representatives recommend annuities to individual retirement account investors and the factors that firms may want to consider in deciding which exemption to use during the new fiduciary rule’s transition period.