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.
A judge in Massachusetts ruled yet again Wednesday that an old Boston police promotion exam from sergeant to lieutenant violated federal discrimination law.
The U.S. Senate on Wednesday rejected legislation that would have repealed the Affordable Care Act’s funding and individual mandate without substituting alternative health care policies.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.