Employment

  • August 31, 2021

    DOL Creates Unit To Update Unemployment Insurance System

    The U.S. Department of Labor has formed a new office aimed at working with state agencies to update the unemployment insurance system, the department announced Tuesday.

  • August 31, 2021

    NY Giants Want Judge To Hear GC's Taped 'Strangle' Remark

    The New York Giants said Monday that a New Jersey judge should listen to recordings of its general counsel allegedly threatening to "strangle" a former video director, saying the remark was clearly a joke that the fired employee is now using to "maliciously and publicly defame" the team.

  • August 31, 2021

    NY Health Workers Charged In Alleged Fake Vax Card Ring

    The Manhattan district attorney on Tuesday charged members of an alleged fake COVID-19 vaccination card conspiracy, including two women accused of selling forged U.S. Centers for Disease Control and Prevention documents on Instragram and 13 buyers believed to be "frontline" workers.

  • August 31, 2021

    Tufts Settles Claim It Punished Student For Bogus-Data Report

    Tufts University on Monday settled a former student's $1 million lawsuit accusing the Boston-area school and its employees of retaliation and defamation after she exposed allegedly fabricated data in a published neuroscience article.

  • August 31, 2021

    3rd Circ. Challenges FLSA Exception For Deputy Coroners

    The Third Circuit has laid out criteria for evaluating whether staffers of elected officials are exempt from Fair Labor Standards Act requirements, ruling in a precedential opinion that a Pennsylvania federal judge incorrectly found that the exception barred overtime pay claims against a county from current or former deputy coroners.

  • August 31, 2021

    Ill. Firm Settles Claims Atty Worked Around 'Anti-Female' Bias

    An Illinois law firm has settled a former employee's claims that the attorney worked in an "anti-female" environment in which she was subjected to tasteless games, unwanted advances and sexist comments until she was fired.

  • August 31, 2021

    3rd Circ. Sets Strict Rule For Bankruptcy Bar Dates

    The Third Circuit has issued a precedential ruling that district court lawsuits filed against insolvent companies are subject to bankruptcy court-imposed deadlines, granting Westinghouse Electric Co. LLC's bid to end an ex-worker's age bias claims.

  • August 31, 2021

    Pa. Panel Says Virus Warrants Redo Of Unemployment Appeal

    Pennsylvania's unemployment review board erred when it didn't consider the COVID-19 pandemic and a slowdown in the U.S. Postal Service as "exceptional circumstances" worth giving a fresh look to whether a claimant's appeal was filed on time, a Commonwealth Court panel ruled Tuesday.

  • August 30, 2021

    Law360 MVP Awards Go To 182 Attys From 77 Firms

    The elite slate of attorneys chosen as Law360's 2021 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.

  • August 30, 2021

    Fear Reigns That NJ Crackdown Might Bruise Employers

    Management-side employment law attorneys fear that new workplace protection laws in New Jersey could drive their clients out of business with damaging fines and expanded workplace shutdowns, a move they claim the worker-friendly state is using to beef up an unemployment compensation fund gutted due to COVID-19.

  • August 30, 2021

    EB-5 Sector In Flux Amid Calif. Lawsuit, Stalled Congress

    Investors have been jumping at the recent opportunity to do EB-5 deals at a lower minimum threshold, although experts say with that increased activity comes a sense of the unknown as the U.S. Department of Homeland Security appeals the California court decision that reduced the minimum and Congress considers revising the program.

  • August 30, 2021

    Vaccines, Tuition, Race: The Litigation On Law Schools' Radar

    Lawsuits over student vaccine mandates, tuition refunds for remote classes, free speech issues and race-conscious admissions are all being watched closely by law schools as the fall semester begins.

  • August 30, 2021

    How Firms Can Help Law Schools Leap Into The Future

    While law schools are shaping the next generation to fill law firm's ranks, the inverse is also true: law firms can help steward schools even further into a new age of the profession. Here, Law360 Pulse explores how firms can influence change in the law school-to-law firm pipeline.

  • August 30, 2021

    4 Ideas For Updating Law Schools Post-Pandemic

    Law schools were thrown into a lurch during the COVID-19 pandemic, reinvigorating a debate about the need to modernize them. Here, legal experts explain four ways that law schools can continue to evolve post-pandemic.

  • August 30, 2021

    Arnold & Porter Snags Executive Compensation Atty In NY

    As the Biden administration executes a far-reaching tax reform agenda, Arnold & Porter announced Monday it has brought on a former Paul Weiss attorney in New York who specializes in the tax issues surrounding employee benefits and executive compensation.

  • August 30, 2021

    Labor-Focused Firms Merge Into 11-Atty Chicago Outfit

    Labor-focused firms Potter Bolaños LLC and The Fish Law Firm PC are joining forces to create a new outfit billed as one of the largest employee-side firms in Illinois, which will continue to help clients with everything from wage disputes to biometric privacy.

  • August 27, 2021

    Judge Flags Walmart Stock Conflict 7 Years After $21M Deal

    Roughly seven years after a Walmart contractor agreed to pay $21 million to resolve a proposed wage class action that also resolved claims against the retail giant, the case could be reopened because a California federal judge disclosed that she owned Walmart stock during a period when she oversaw the lawsuit.

  • August 27, 2021

    $2.5M Verdict Axed Over Atty's Use Of 'Inflammatory Cartoons'

    A New Jersey appellate court on Friday overturned a $2.5 million jury verdict against the Garden State's Administrative Office of the Courts, ruling that the attorney representing a former courts employee improperly presented "inflammatory" cartoons in her closing argument. 

  • August 27, 2021

    6th Circ. Revives Ex-U Of Cincinnati Worker's Race Bias Suit

    The Sixth Circuit has revived a racial bias lawsuit lobbed against the University of Cincinnati by a Black former employee who claims the school paid him less compared to his white counterpart, finding that the school has not successfully defended the wage disparities between the two workers.

  • August 27, 2021

    Biz, Worker Groups Weigh In On DOL's Contractor Wage Plan

    The U.S. Department of Labor received around 250 comments on its proposal to raise the minimum wage for federal contractors to $15 an hour, including from industry groups expressing concern over potential confusion it could cause and worker advocates urging the government to finalize the rule.

  • August 27, 2021

    Employment Authority: Vax Policy Tips & McFerran Dissents

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with tips for implementing workplace vaccine mandates now that the Pfizer vaccine has full FDA approval, a look at whether efforts to raise the federal minimum wage to $15 per hour have stalled, and a roundup of dissents written by NLRB Chair Lauren McFerran that hint at possible changes to labor law under a newly Democratic board. 

  • August 27, 2021

    Bias Suit Against Newark Agency Tossed Over Filing Flaws

    A New Jersey federal court on Friday dismissed a twice-amended national origin discrimination and retaliation suit against the Newark health department by a health inspector of Haitian descent, finding her filing was too different from its court-approved, proposed version to comply with court requirements.

  • August 27, 2021

    Gay American Airlines Worker's Firing Bias Suit Gets Trimmed

    A Pennsylvania federal judge on Friday pared down a lawsuit accusing American Airlines of discriminating and retaliating against a Pittsburgh-based worker who claimed he was subjected to hostile treatment and ultimately fired because he was gay and suffered from AIDS.

  • August 27, 2021

    Axed NCAA Coach Gets Fine, Probation For Blackmail Threat

    The former University of Louisville basketball coach who admitted to trying to extort $425,000 from the school by threatening to blow the whistle on purported NCAA rule violations must now pay a $10,000 fine and serve a year of probation, a Kentucky federal judge ruled Friday.

  • August 27, 2021

    Ex-Pharma Co. Heads Plead Guilty In Trade Secrets Case

    Two co-founders of Taiwanese company JHL Biotech Inc. have copped to charges that they conspired to swipe Genentech's medical trade secrets, according to the federal government.

Expert Analysis

  • 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.

  • Should ITC Adopt Trade Secret Claims Statute Of Limitations?

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    Despite the lack of an explicit statute of limitations in Section 337, there are reasons to argue that, as in district courts, one should apply to unduly delayed trade secret claims at the U.S. International Trade Commission, say Matt Rizzolo and Jolene Wang at Ropes & Gray.

  • Safeguarding Privileged Communications In A Remote World

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    With the pandemic ushering in remote collaboration tools, counsel must revisit fundamentals of the attorney-client privilege and the work-product doctrine, study cases involving email and other recent technologies, and follow 10 best practices to protect confidentiality, say attorneys at DLA Piper.

  • 4 Areas Of Cyberattack Vulnerability For Law Firms

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    Recent data breaches involving Goodwin and Jones Day show that cyberattacks are very real threats to the legal profession, especially in the era of remote work, so law firms should revisit common business practices that expose them to unnecessary risks, says Ara Aslanian at Inverselogic.

  • Trends In Video Game Company Quests To Arbitrate Cases

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    With the recent surge of video game litigation, developers and distributors of games and gaming equipment have seen a measure of success in relegating certain claims to private arbitration — but while the bar for compelling arbitration may be low, it does exist, say Matthew Woods and Austin Miller at Robins Kaplan.

  • Loss Amount Is Shaping PPP Fraud Prosecution Sentencing

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    One of the most determinative factors at sentencing for Paycheck Protection Program fraud is the loss amount, and recent cases show that defendants may have an opportunity to lower it if they can demonstrate legitimate use of any of the funds, say Sami Azhari at Azhari and Michael Leonard at Leonard Meyer.

  • How To Help Your Witnesses Overcome Hindsight Bias

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    Witnesses facing tricky questions from opposing counsel often find themselves engaging in hindsight bias, when they use present knowledge to second-guess past actions, but these problematic thought processes can be overcome during deposition or trial preparation through tough questions and some catharsis, says Merrie Jo Pitera at Litigation Insights.

  • Opinion

    Biden's H1-B Approach Will Benefit Foreign Workers And US

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    President Joe Biden's reversal of Trump-era restrictions on the H-1B program will have a significant positive impact on U.S. employers, potential foreign national applicants and highly skilled noncitizen professionals who can contribute to the American economic engine, says David Jacobson at Warshaw Burstein.

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