• March 21, 2018

    Ex-Akin Gump Atty Says Feds Handed Him Stolen Complaints

    The ex-Akin Gump Strauss Hauer & Feld LLP attorney who was sentenced to 2 1/2 years in prison for trying to sell a sealed whistleblower complaint said the government gave him back a hard drive full of stolen lawsuits, according to his renewed bid Wednesday to get into a prison-time-shaving drug rehab program.

  • March 21, 2018

    Point72 Exec Fights To Keep Sexism Suit In Court

    A female associate director at Steven A. Cohen’s Point72 Asset Management LP urged a New York federal judge on Wednesday to keep her claims of pervasive sexism at the hedge fund from being moved to arbitration, which the billionaire investor had requested last month.

  • March 21, 2018

    NJ Arbitration Measure On 'Collision Course' With Fed. Law

    Pending legislation in New Jersey aimed at banning nondisclosure agreements in cases of discrimination, retaliation or harassment also would preclude arbitration agreements in employment contracts, a move some attorneys and law professors said would run afoul of federal law and U.S. Supreme Court precedent that prohibit state efforts to forbid arbitration.

  • March 21, 2018

    Why Latham's Sex Scandal Isn't BigLaw's #MeToo Moment

    The Tuesday resignation of Latham & Watkins LLP Chair Bill Voge amid a sexual misconduct scandal investigated by Law360 showcases how personal behavior can become a professional liability for attorneys, but experts say it falls well short of a #MeToo reckoning for BigLaw.

  • March 21, 2018

    11th Circ. Reopens Teacher's Pro Se National Origin Suit

    The Eleventh Circuit ruled Wednesday that a Georgia federal judge was too quick to toss a national origin discrimination suit brought pro se by an Ethiopian math teacher, saying the teacher should have been allowed to fix errors in the initial complaint.

  • March 21, 2018

    Ex-Lab, Marketing Execs Denied Retrial Over Juror's Posts

    A South Carolina federal judge refused Wednesday to grant a new Medicare-fraud trial to a former medical testing lab head and marketing consultants over a juror’s Facebook posts, saying there was no sign of “disqualifying bias” in the run-up to a finding of liability for $17 million in false claims.

  • March 21, 2018

    NJ Says Ethics Charges Preclude Judge's Bias Suit

    New Jersey urged a federal judge to scrap a hostile workplace lawsuit brought by a state judge, arguing Tuesday that she already raised the same claims when she responded to a separate ethics complaint that alleges she misused her staff.

  • March 21, 2018

    Chrysler Workers Must Look To Union In Fair Pay Suit: Panel

    The Sixth Circuit on Wednesday remanded a fair representation and fair pay suit against Chrysler to the lower court, instructing the court to hold the case in abeyance while the suing employees pursue internal union remedies.

  • March 21, 2018

    Deals Rumor Mill: L Catterton, ILG, Vale

    Private equity firm L Catterton’s bid to buy Airxcel is reportedly supported by $540 million in loans, vacation services company ILG Inc. is in talks to merge with an Apollo Global-owned timeshare company, and a trove of pension funds might sell part of their stakes in Vale SA.

  • March 21, 2018

    Barnes & Thornburg Adds 2 Employment Partners in LA

    Barnes & Thornburg LLP has added two labor and employment partners to the firm’s Los Angeles office, plucking the shareholders from Ogletree Deakins as part of the firm’s growth in Southern California.

  • March 21, 2018

    Boston City Hall Trial's Start Axed Over Extortion Definition

    A Massachusetts federal judge on Wednesday canceled the scheduled start of the trial of a pair of Boston City Hall aides accused of pressuring a music festival to hire unneeded union labor as prosecutors indicated they are open to dismissing the case, as long as a judge agrees to preserve their rights to appeal his definition of extortion.

  • March 21, 2018

    Rollback Of Obama NLRB's Legacy Hits Speed Bump

    Allegations that National Labor Relations Board members are biased against unions or employers are nothing new and usually don't gain much traction, but the recent withdrawal of a landmark ruling because of perceived conflicts stemming from NLRB member Bill Emanuel's BigLaw background shows that such concerns may hamper the Trump NLRB's efforts to undo President Barack Obama's pro-labor legacy, experts say.

  • March 21, 2018

    Insurance Broker Must Face Terror Attack Coverage Suit

    A Texas federal judge on Tuesday denied summary judgment to insurance broker Hays Group in a suit over coverage for an oil services contractor whose worker died in a terrorist massacre, adopting the recommendation of a magistrate judge who said there were factual issues in dispute.

  • March 21, 2018

    California Jury Awards $21M In Rock Crusher Death Case

    A California state jury ordered a North Dakota-based construction equipment supplier to pay $21 million to the three minor children of a man accidentally killed in a rock crushing machine at the Southern California asphalt facility where he worked.

  • March 21, 2018

    Attys In Chipotle OT Suit Want Contempt Finding Stayed

    Attorneys who were held in contempt for filing an overtime pay suit against Chipotle based on a rule a Texas federal judge had blocked asked the judge Tuesday to stay the contempt order while they appeal to the Fifth Circuit.

  • March 21, 2018

    Name Of Ex-US Atty In Affair Should Stay Private, DOJ Says

    The Manhattan U.S. Attorney's Office cited privacy concerns Wednesday in telling a judge that it should not be compelled to reveal the name of a retired U.S. attorney who engaged in a romantic relationship with a subordinate, after a news organization sued claiming the public has a right to know.

  • March 21, 2018

    O'Reilly, Fox News Ask Court To Nix Defamation Suit

    Fox News and former anchor Bill O’Reilly asked a New York federal court Tuesday to toss defamation and other claims brought by three women who had previously reached settlement agreements over their alleged mistreatment by O'Reilly, saying some claims lack merit while others fall under the purview of arbitration agreements.

  • March 21, 2018

    House Dems Want DOL To Pull Tip Rule Over Missing Analysis

    Democrats on the U.S. House of Representatives work committee called on the U.S. Department of Labor to rescind its plan to let businesses redistribute some tipped workers' tips, following a report on Wednesday that the agency suppressed data showing the proposal would let businesses take $640 million from workers.

  • March 21, 2018

    Latham Chair's Road From 'Christian Reconciliation' To Ouster

    The Tuesday resignation of Latham & Watkins Chair Bill Voge was the culmination of a monthslong association with a woman unconnected to the firm that began last September, when Voge volunteered to broker a "Christian reconciliation" between her and a member of a nonprofit where Voge sat on the board.

  • March 21, 2018

    Ex-UAW Exec Got Shoes, Gun In FCA Bribe Scheme, Feds Say

    A former senior United Auto Workers official is the latest to be charged in the government’s rapidly expanding bribery case against union executives, with prosecutors accusing her of using Fiat Chrysler Automotive US LLC funds to buy designer shoes, spa trips, graphite golf clubs and a $2,182 Italian shotgun.

Expert Analysis

  • The Hatch Act And Political Speech By Federal Employees

    Alan Kabat

    Kellyanne Conway brought national attention to a little-appreciated federal law, the Hatch Act, which prohibits a wide range of political conduct by federal employees in the executive branch. But the same statute that allows the Office of Special Counsel to prosecute these complaints has a carveout for certain presidential appointees, says Alan Kabat of Bernabei & Kabat PLLC.

  • Limitations Of Exclusivity Defense In Workers’ Comp Cases

    Pierre Grosdidier

    The Corpus Christi Court of Appeals' recent decision in Halferty v. Flextronics America is important because it confirms that the higher participants in the usual construction contractual chain cannot merely push workers’ compensation requirements down to the lowest-tier subcontractors and still enjoy the exclusivity defense, says Pierre Grosdidier of Haynes and Boone LLP.

  • Chief Innovation Officer — The New Star On Legal Teams

    Mark Williamson

    Over the past few years, forward-thinking law firms have expanded their talent pools to include a chief innovation officer, whose responsibilities include spearheading the implementation of technology. It is a smart move, says ​​​​​​​Mark Williamson, co-founder and chief technology officer at Hanzo Archives Ltd.

  • Opinion

    It's Time For The US To Re-Engage With The TPP

    Christopher Corr

    A year after President Donald Trump withdrew the U.S. from the Trans-Pacific Partnership, the remaining TPP countries have signed a revised agreement among themselves, and U.S. exporters may pay a heavy price. Now is the time for industries with the most to lose to push for a U.S. return to the TPP, says Christopher Corr of White & Case LLP.

  • Examining The Enforceability Of Physician Noncompetes

    Mark Wiletsky

    Depending on the circumstances, physician noncompetes can be enforceable, but with its recent decision in Crocker v. Greater Colorado Anesthesia, the Colorado Court of Appeals added a new wrinkle when dealing with these types of agreements, says Mark Wiletsky of Holland & Hart LLP.

  • Opinion

    National Lawyers Need National Licensing For National Courts

    EJ Hurst II

    Just last month, a number of legal groups asked the Northern District of California to strike its rule requiring that, before seeking federal court admission, attorneys first be licensed by the state of California. It is irrational to exclude seasoned federal practitioners from general admission due to state bar approval while allowing raw state lawyers who have never been inside a federal courtroom, says attorney EJ Hurst.

  • How Regulatory Power Is Moving To The States

    Ashley Taylor

    Despite the current momentum of federal deregulation, state agencies are buttressing consumer protections and ensuring there is no lapse in enforcement. State attorneys general are leading a charge into the perceived vacuum where federal agencies have retreated. The decentralization of oversight demands a more strategic, proactive approach to compliance, says Ashley Taylor of Troutman Sanders LLP.

  • Are Orders Denying Class Cert. Appealable In PAGA Cases?

    Felix Shafir

    For decades, plaintiffs who brought class actions in California could immediately appeal orders denying class certification under the “death knell” doctrine. But the growing number of representative claims under the Private Attorneys General Act have led to a recent reassessment of this decades-old rule in cases where plaintiffs allege both class and PAGA representative claims, say Felix Shafir and John Querio of Horvitz & Levy LLP.

  • NJ Employers Should Note Evolving Cannabis Laws

    Ruth Rauls

    While no new laws have been finalized yet, the stars may be aligning in New Jersey for significant changes to how it deals with cannabis. For employers, this means more employees using marijuana, medical or recreational, in the near future, says Ruth Rauls of Saul Ewing Arnstein & Lehr LLP.

  • Changes To Rule 23 Are Coming, Are You Prepared?

    Niki Mendoza

    Proposed amendments to the Federal Rules of Civil Procedure Rule 23, which governs class actions, are set to take effect on Dec. 1, 2018, pending approval. The amendments would significantly alter class action litigation procedure from notice to settlement, says Niki Mendoza of Garden City Group LLC.