Employment

  • August 23, 2021

    Full 11th Circ. Will Consider School District's Bathroom Policy

    The Eleventh Circuit on Monday said it will examine a Florida school board's bathroom policy, granting the board's petition for a full rehearing after a split panel twice agreed with a former student that the rule is unconstitutional.

  • August 23, 2021

    Ex-Jones Day Attys Say Firm's Bid To Stop Discovery A 'Loser'

    A pair of married former Jones Day associates slammed the firm's attempt to stop their request for partner compensation and other financial data for their retaliation lawsuit, calling the firm's filing in D.C. federal court "a loser on both the law and the facts."

  • August 23, 2021

    Ex-MSC Cruises Crew Member's Injury Suit Must Be Arbitrated

    A Florida federal judge granted MSC Cruises' request to compel arbitration for a former crew member's suit, ruling that although a collective bargaining agreement and employment contract have conflicting arbitration provisions, they do not cancel each other out.

  • August 23, 2021

    Disney Says Johansson Must Arbitrate 'Black Widow' Beef

    Disney urged a California court Friday to send "Black Widow" star Scarlett Johansson's lawsuit over the film's release to arbitration, accusing the actress of "gamesmanship" and arguing that her decision to sue Disney rather than its subsidiary Marvel Studios is an improper attempt to evade her contract's "expansive" arbitration agreement.

  • August 23, 2021

    Trulieve, Exec Hit With Noncompete Suit By Medical Pot Rival

    Medical cannabis company Surterra Holdings Inc. has sued its former communications manager for allegedly violating a noncompete clause when she took a job with Trulieve Cannabis Corp. last month.

  • August 23, 2021

    McDermott Settles Asthma-Afflicted Contract Atty's Firing Suit

    McDermott Will & Emery LLP and a legal staffing agency reached a settlement with a contract attorney who said they fired him rather than accommodate his repeated requests to work remotely to avoid asthma-induced coughing attacks, according to a voluntary dismissal bid filed in New York federal court Monday.

  • August 23, 2021

    Exec Says He Needs More Than 'Panicky Messages' From DOJ

    The U.S. Department of Justice must provide specific amounts of pay that was suppressed and other details in order to pursue wage-fixing charges that can be defended against, the first defendant ever charged criminally for that conduct told a Texas federal judge Friday.

  • August 23, 2021

    Groups Say AB 5 'Textbook Example' Of Speech Violation

    A political action committee and two other groups said California's Assembly Bill 5 requirement to classify door-knockers as employees is a "textbook example" of discrimination against political speech, urging the Ninth Circuit to overturn a lower court's decision.

  • August 23, 2021

    NJ Must Face Whistleblower's Suit Over Medicaid Fraud Dept.

    The New Jersey state appeals court on Monday partially revived a Medicaid fraud investigator's whistleblower lawsuit, ruling that he plausibly alleged his supervisor lied to state officials about how he was settling fraud cases.

  • August 23, 2021

    Proofpoint Entitled To $14M In Trade Secrets Case, Jury Says

    A California federal jury has said Proofpoint Inc. was entitled to about $14 million after finding that a former employee and a French technology company misappropriated most of the trade secrets at issue in a suit relating to cybersecurity.

  • August 23, 2021

    9th Circ. Told To Block Calif. City's COVID Hazard Pay Law

    The Ninth Circuit should block a Culver City, California, ordinance that gives a pay bump to certain hospital workers amid the COVID-19 pandemic, a hospital urged in the opening salvo of its appeal, saying the local law is unconstitutional and that federal labor law preempts it.

  • August 23, 2021

    5th Circ. Revives Bell-Textron Worker's Bias Case Over Leave

    A former employee for aerospace company Bell-Textron will get a fresh chance to prove he was sacked for taking medical leave, as the Fifth Circuit reinstated his lawsuit Monday after finding a trial court was too quick to toss it.

  • August 23, 2021

    Ga. Engineering Co. Says Ex-Execs Took Clients For Rival Biz

    A Georgia engineering company has sued two former vice presidents and shareholders, claiming they used confidential information to solicit customers for rival businesses that they set up in North Carolina after quitting.

  • August 23, 2021

    Country Club Shortchanged Servers, Mass. Top Court Says

    Massachusetts' top appellate court ruled Monday that a country club shortchanged its staff by keeping part of a fee charged to patrons for events, reversing two lower courts that had sided with the club.

  • August 20, 2021

    Calif. Judge Says Prop 22 Driver Measure Unconstitutional

    California's voter-approved ballot measure that classifies some app-based drivers for companies such as Uber and Lyft as independent contractors is unconstitutional because it infringes on the state Legislature's power to set workers' compensation laws, a California superior court judge ruled late Friday.

  • August 20, 2021

    9th Circ. Affirms Traveling Nurse Agency's No-Poach Loss

    A Ninth Circuit panel affirmed the dismissal of an antitrust suit brought by a traveling nurse agency against a rival over a no-poach provision in a contract they signed, with the panel finding that the nonsolicitation provision is ancillary to the broader agreement and not a "naked" restraint on competition. 

  • August 20, 2021

    Fox Rothschild Pans Ex-Aide's Bid To Revive Sex Assault Suit

    Fox Rothschild LLP blasted a former legal assistant's efforts to reopen her sexual assault suit against a former firm attorney and add claims against an office administrator who allegedly helped cover it up, arguing in a letter to a New Jersey federal judge Thursday that the case must be tossed.

  • August 20, 2021

    BNSF Says Truck Driver Can't Ship BIPA Claims To State Court

    BNSF urged an Illinois federal judge not to send to state court a truck driver's claims that it unlawfully failed to publicize its biometric data retention schedule for rail yard visitors, arguing that the driver's claims properly establish federal court standing.

  • August 20, 2021

    Mass. Cannabis Regulator Gives Guidance On Diversity Hiring

    Massachusetts cannabis regulators have released guidance on how licensed marijuana businesses can develop and implement hiring practices that provide opportunities for a diverse workforce, in keeping with the intention of the law legalizing pot in the Bay State.

  • August 20, 2021

    Media Exec Says MLS Fired Her After Diversity Complaints

    A Black media executive sued Major League Soccer for alleged racial discrimination and retaliation in a suit removed to New York federal court Thursday, saying she was sidelined and later fired after raising concerns about a lack of leadership diversity and the need for bias training following George Floyd's murder.

  • August 20, 2021

    Pandemic Tests Hospitality Industry At Midyear Point

    The COVID-19 pandemic has hit the hospitality industry hard, and hotels and restaurants at midyear 2021 continue to grapple with insurance coverage lawsuits, debt workouts and limited government aid even as vaccinations have made people feel safer and allowed businesses to reopen more fully.

  • August 20, 2021

    Employment Authority: EEOC Misconduct & Wage Self-Audits

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with an exclusive look at a report that showed "widespread" misconduct by staff at the EEOC's Miami office, tips for employers conducting wage and hour compliance audits, and how the NLRB is likely to expand what types of worker advocacy are permitted under federal labor law.

  • August 20, 2021

    Uber Drivers Aren't Doing Interstate Biz, Must Arbitrate Claims

    A proposed class of Uber drivers must arbitrate their wage and hour claims, a New York federal judge ruled Friday, finding that they do not fit an interstate commerce exemption for transportation workers to Federal Arbitration Act requirements.

  • August 20, 2021

    DC Circ. Dumps Unions' Bid To Vacate Rail Safety Plan Rule

    The D.C. Circuit on Friday rejected a bid by rail workers' unions seeking to invalidate a Federal Railroad Administration final rule concerning freight railroads' risk reduction programs, saying the agency might have slow-walked the rulemaking process, but had still done its due diligence.

  • August 20, 2021

    Judge Says Radio Host's Suit Against PGA Misses Fairway

    The PGA was within its rights to ask SiriusXM Radio to suspend a radio show hosted by a former swing coach for golfer Tiger Woods over racist and sexist on-air comments about female golfers, a Florida federal judge determined.

Expert Analysis

  • 9th Circ. Ruling Offers Defendants Hope On Remand Appeals

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    The Ninth Circuit's recent decision in Academy of Country Music v. Continental Casualty comes as welcome news for defendants in many types of litigation because it outlines a possible avenue for appeal when an attempt to remove a case from state court to federal court has resulted in a remand order, say attorneys at Dechert.

  • Opinion

    The Right Approach To Personal Jurisdiction In Class Actions

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    Since the U.S. Supreme Court's 2017 decision in Bristol-Myers Squibb Co. v. Superior Court, three approaches to personal jurisdiction over absent class members have emerged in the lower courts, but only one comports with due process and limitations on procedural devices imposed by the Rules Enabling Act, say David Kouba and Andreas Moffett at Arnold & Porter.

  • Opinion

    It's Time To Modernize Amateurism In College Sports

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    Recent U.S. Supreme Court oral arguments in a case challenging the NCAA’s freedom from antitrust constraints — together with proposed federal legislation and U.S. Golf Association rules favorable to student-athletes — signal a coming, needed sea change in the definition of amateurism in college sports, says Geoffrey Lottenberg at Berger Singerman.

  • What Associates Should Consider Before Switching Practices

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    The current high demand for midlevel associates provides them a rare opportunity to potentially explore new practice areas, but associates should first ask themselves six questions to begin figuring out why a change sounds appealing, says Stephanie Biderman at Major Lindsey.

  • 4 Effective Ways To Prioritize Client Advocacy

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    To truly support a client going through a complicated lawsuit or a painful experience, lawyers must think beyond interpreting legal guidelines and navigating court proceedings, says attorney Scott Corwin.

  • Remote Law Firm Culture Should Prioritize Associate Training

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    Due to the pandemic, the gap between law school and the first day on the job has never been wider, but law firms can leverage training to bridge that intimidating gap and convey the unique value of their culture in a virtual environment, say Melissa Schwind at Ward and Smith, and William Kenney and Jaron Luttich at Element Standard.

  • Virtual Litigation May Unravel The Narcissistic Lawyer

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    The virtual courtroom limits a narcissistic lawyer's ability to intimidate witnesses and opposing counsel, boast to clients or engage in grandstanding — an unexpected benefit of the global pandemic as some aspects of remote litigation are likely here to stay, says Jennifer Gibbs at Zelle.

  • 2 Ways High Court Could Reshape Patent Assignor Estoppel

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    Whether or not the U.S. Supreme Court in Minerva Surgical v. Hologic repudiates a doctrine precluding patent assignors from attacking the validity of the patent rights they assigned in employment or other agreements, it should provide much-needed clarity on it, say David Fox and Christopher Kennerly at Paul Hastings.

  • ABA Remote Work Guide Raises Bar For Atty Tech Know-How

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    A recent American Bar Association opinion on lawyers' ethical duties of competence and confidentiality when working remotely should be viewed as part of a larger movement by which attorneys are being exhorted to develop competence in 21st century technology, say Jennifer Goldsmith at Ironshore and Barry Temkin at Mound Cotton.

  • Lateral Hire Conflict Screening Lessons From DLA Piper Case

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    While a Texas federal court recently denied a motion to disqualify DLA Piper from representing Apple in a patent dispute after the law firm hired an attorney who formerly represented opponent Maxwell, the case is a reminder that robust conflict checks during lateral hiring can save firms the time and expense of defending disqualification motions, says Hope Comisky at Griesing Law.

  • Navigating Dems' Whistleblower-Friendly Stance

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    Employers are likely to face robust whistleblower enforcement from newly Democratic state and federal governments, but compliance programs that include clear reporting channels, protocol and protections can mitigate risk while improving productivity and morale, say Gregory Keating and Daniel Green at Epstein Becker.

  • 3 Cybersecurity Questions To Ask Before A Remote Mediation

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    Lawyers preparing to mediate or arbitrate a case through videoconference should take steps to ensure they and their alternative dispute resolution providers are employing reasonable security precautions to protect digital client data and conform to confidentiality obligations, say F. Keith Brown and Michael Koss at ADR Systems.

  • Preventing Employee Brain Injury And Subsequent Litigation

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    Employers who fail to identify and treat traumatic brain injury can end up with catastrophic claims, but safety rules, guidelines, training and personal protective equipment all help avert risk, says Thu Do at Gilson Daub.

  • Why S Corporation Payments Are Almost Always Wages

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    The recent U.S. Tax Court ruling in Lateesa Ward v. Commissioner has employment and income tax lessons about why payments from an S corporation to its sole shareholder are wages and not distributions of profit in most cases, says Bryan Camp at Texas Tech University School of Law.

  • A Uniform Mediation Act Primer As States Continue Adoption

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    With Georgia expected to soon become the 13th jurisdiction to adopt the Uniform Mediation Act and with more states likely to follow suit amid widespread trial delays, practitioners should familiarize themselves with the act's conflict disclosure requirements and the boundaries of its confidentiality provisions, says Richard Mason at MasonADR.

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