Employment

  • February 24, 2017

    Ex-SpaceX Worker Can't Depose Elon Musk In Firing Row

    A California judge on Friday held that a former SpaceX employee can't depose the company's founder, billionaire inventor Elon Musk, in his suit alleging he was fired for informing senior management that workers were told to fudge rocket-part safety tests, saying Musk can answer written questions only for now.

  • February 24, 2017

    IBM Asks Judge To Toss 'Amorphous' Revamped ERISA Suit

    IBM on Friday urged a New York federal judge to throw out the second amended complaint in a putative class action by employees alleging that fraud involving the sale of its troubled microchip division made its stock plunge, saying the new filing merely repeated deficient claims from the earlier dismissed complaint.

  • February 24, 2017

    College Football Conference, NCAA Hit With Concussion Suit

    Two former Purdue University football players on Thursday hit the National Collegiate Athletic Association and the Big Ten Conference with a proposed class action alleging the organizations didn’t tell them about the risks of repeated head trauma from which they now suffer.

  • February 24, 2017

    Macy's Asks Justices To Weigh In On Perfume Sellers Union

    Macy’s Inc. has asked the U.S. Supreme Court to clarify the standard used by the National Labor Relations Board in determining whether a micro bargaining unit can be certified for collective bargaining.

  • February 24, 2017

    Chinese Uber Drivers Must Arbitrate Guaranteed Income Row

    Chinese Uber drivers alleging the company didn’t pay them a promised minimum monthly income must arbitrate their claims against the company and cannot act as a class, even though they couldn’t understand the English contract binding them to arbitration, a New York federal court ruled Thursday.

  • February 24, 2017

    Statement By Ariz. County's Atty Not Protected, 9th Circ. Says

    The Ninth Circuit ruled Thursday that a former Maricopa County attorney, who claims she was fired in retaliation for talking to a newspaper reporter about a case she handled for the Sheriff’s Department, was not protected by the U.S. Constitution because she gave the interview as a lawyer representing the county.

  • February 24, 2017

    DOJ, Nevada Hospice Plan To Settle FCA Suit

    The U.S. and a Nevada hospice have reached an agreement settling whistleblower claims that the health care provider violated the False Claims Act by seeking Medicare reimbursement for services provided to ineligible patients, both sides told a Nevada federal court Thursday.

  • February 24, 2017

    NCAA Athletes Denied Docs On Pac-12 ESports Competitions

    A California magistrate judge has denied student-athletes’ request for the PAC-12 conference’s documents on eSports competition between its member schools, finding that the documents are tangential to the fight over the NCAA’s caps on athlete scholarships.

  • February 24, 2017

    Miscimarra Dissent Slams NLRB Union Election Rule

    National Labor Relations Board member Phil Miscimarra assailed the board’s nearly 2-year-old rule revamping the union election process as too preoccupied with speed, penning a lengthy dissent Thursday to the board's refusal to delay an election at a food importer's Illinois facility.

  • February 24, 2017

    University Bursar Appeals Bias Suit To The 6th Circ.

    The University of Cincinnati’s bursar has appealed to the Sixth Circuit a wrongful termination suit brought by a former student loan debt collector, arguing that the university terminated the collector's employment because she gave her son and niece unwarranted financial aid and not because of her race.

  • February 24, 2017

    Trans Student To Push Forward In High Court Bathroom Fight

    Counsel for the transgender student challenging a policy barring him from using the boys’ bathroom at his high school said Friday he intends to push forward with his case in the U.S. Supreme Court after the high court asked both sides how they wanted to proceed.

  • February 24, 2017

    Texas Justices Reinstate Insurer Win In D&O Coverage Fight

    The Texas Supreme Court on Friday reinstated a trial court's ruling that Great American Insurance Co. doesn't have to cover a former condominium association officer's costs to defend a suit seeking reimbursement for allegedly misappropriated funds, holding that an insured-versus-insured exclusion in the association's policy bars coverage.

  • February 23, 2017

    Bio-Rad Agrees To $3.5M Fees In Ex-GC Firing Case

    Bio-Rad Laboratories Inc. on Thursday agreed to pay $3.5 million in attorneys’ fees and costs to the team that represented former general counsel Sanford Wadler in his $8 million jury win in a retaliation suit arising from whistleblowing on potential Foreign Corrupt Practices Act violations.

  • February 23, 2017

    Trump's Trans Bathroom Access U-Turn May Not Slow EEOC

    Although the Trump administration made waves in rescinding an Obama-era directive that transgender public school students be allowed to use the bathroom of their choice, experts say employers shouldn't assume the U.S. Equal Employment Opportunity Commission will take its foot off the enforcement throttle when it comes to transgender rights in the workplace.

  • February 23, 2017

    AECOM Ended Union Contract Properly, Judge Says

    A Virginia federal judge has ruled a government contractor subsidiary of engineering firm AECOM properly terminated a collective bargaining agreement with an engineer's union, rejecting the union’s argument that the March letter terminating the agreement was limited or ambiguous.

  • February 23, 2017

    Ex-Fugitive Comverse CEO Gets Prison For Options Scam

    The former chairman and CEO of Comverse Technology Inc. on Thursday was sentenced to a record two-and-a-half years in prison for backdating the telecommunication software company's stock options, after a 10-year stretch on the lam in Africa.

  • February 23, 2017

    Costco $2M Deal With Drivers Stalls At First Hurdle

    A California federal judge on Wednesday put the brakes on a $2 million settlement between Costco and a proposed class of industrial drivers who accused the wholesaler of not paying overtime and break wages, saying the deal included an improper release of certain fair labor claims.

  • February 23, 2017

    NLRB Says Nursing Network Illegally Ducked Seniority Pay

    A Connecticut network of skilled nursing facilities violated federal labor law by briefly handing off its long-term employees to a subcontractor and then making these workers reapply for their jobs, minus their collectively bargained seniority benefits, the National Labor Relations Board ruled Wednesday.

  • February 23, 2017

    ZeniMax Wants $1B In Damages, Oculus Products Pulled

    After winning a blockbuster trial over virtual reality software, video game developer ZeniMax Media LLC on Thursday asked a Texas federal judge for enhanced damages totaling more than $1 billion and to block Facebook Inc. subsidiary Oculus from selling products that infringe its copyrights.

  • February 23, 2017

    DOJ Agrees To Settle Ex-AUSA's Sex Bias Suit For $225K

    The U.S. Department of Justice has agreed to pay $225,000 to resolve a sex discrimination, retaliation and equal pay lawsuit brought by a former deputy criminal chief for the U.S. Attorney’s office in Spokane, Washington, her attorney said on Thursday.

Expert Analysis

  • Paid Administrative Leave: There Ought To Be A Law

    Gregory J. Rolen

    California public entities and employees are being increasingly victimized by paid administrative leave abuse. Although sometimes an indispensable practice, PAL is metamorphosing as a means to not only shortcut public employees’ workplace rights, but also to destroy reputations, says Gregory Rolen of Haight Brown & Bonesteel LLP.

  • What Lawyers Can Learn From Kellyanne Conway

    Michelle Samuels

    Presidential adviser Kellyanne Conway's TV appearances provide some examples of what lawyers should and shouldn't do when speaking to the media, says Michelle Samuels, a vice president of public relations at Jaffe.

  • Discovery In Wage And Hour Class Actions: Part 1

    Excerpt from Lexis Practice Advisor
    James N. Boudreau

    The details of Tyson Foods v. Bouaphakeo illustrate just how important a holistic discovery plan is in wage and hour class and collective actions. All too often, these cases move rhythmically with experienced counsel, and parties ultimately fall prey to engaging in the routine or “typical” strategies borne out over years of practice, say James Boudreau and Christiana Signs of Greenberg Traurig LLP.

  • Financial Services In The 1st Month Of Trump Presidency

    Matthew Cutts

    In the first 30 days of his administration, President Donald Trump issued more than two dozen executive orders, memoranda and proclamations, several of which significantly impact the financial services industry. In addition, policymakers are turning their time and attention to reforming the nation’s financial services laws, with a “Choice Act 2.0” likely to be introduced soon, say Matthew Cutts and James Sivon of Squire Patton Boggs LLP.

  • The Mistakes Lawyers Make When Copying And Pasting

    Robert D. Lang

    We all recognize that cutting or copying text from earlier works and pasting it into new documents saves attorneys time. However, with this increase in speed comes an increased risk of making, or not catching, errors, says Robert Lang of D’Amato & Lynch LLP.

  • DOJ Investigations: Is Sharing Unavoidably Hazardous?

    Andrew T. Wise

    The U.S. Department of Justice’s focus on individual culpability and accompanying benchmarks for corporate cooperation have changed considerations for companies exposed to prosecution due to acts of their employees. But companies can, and should, still ensure that their employees are properly protected and adequately advised in advance of interactions with enforcement officials, say Andrew Wise and Katherine Pappas with Miller & Chevalier Chtd.

  • Tax Implications Of The Affordable Care Act Repeal

    Michael White

    Because the Affordable Care Act was upheld by the U.S. Supreme Court as a tax law, its repeal would entail a $1.1 trillion tax revenue loss over 10 years. Based on the direction that the Republicans take in crafting their replacement bill and what portions of the ACA will be repealed, individuals and corporations could be looking at drastic tax changes, say Michael White and Eddie Geraghty of M. White & Associates LLC.

  • Opinion

    Calif. Court Gets Automatic Funding Disclosure Right

    Matthew D. Harrison

    Detractors of litigation funding have strained to characterize a recent decision from a California federal court as significant headway in their crusade against the litigation funding industry. However, in truth, this is a victory for both the industry and those in need of capital to bring meritorious claims against wrongdoers in an often prohibitively expensive legal system, say Matthew Harrison and Priya G. Pai of Bentham IMF.

  • Alternative Visa Programs For Foreigners Traveling To US

    Maria Mejia-Opaciuch

    As the U.S. federal courts review the legality and constitutionality of President Donald Trump's recent executive order banning travel from seven Muslim-majority countries, Maria Mejia-Opaciuch of Carlton Fields Jorden Burt PA discusses visa programs that should be considered by foreign nationals that may alleviate the need to process a formal visa stamp at a U.S. Consulate overseas, where delays are expected and confusion may reign.

  • When A Workplace Grievance Is Too Hot To Handle

    Ann Fromholz

    More and more often, employers receive employee complaints ranging from informal grievances of harassment, discrimination and retaliation to formal complaints that the company has engaged in criminal conduct. When determining whether to assign the investigation to someone in human resources or engage an outside investigator, as with so many legal questions, the answer depends on the circumstances, says Ann Fromholz of The Fromholz Firm.