Employment

  • August 18, 2021

    NFL, Player Can't Resolve Disability Suit Over Face Shield

    The NFL's bid to toss a player's disability discrimination lawsuit is back in play after they could not resolve claims he was severely injured during a New York Jets game since a league official would not let him use a protective shield on his helmet to protect his eyes.

  • August 18, 2021

    Appellate Court OKs Indiana's Unemployment Pay Drawdown

    Indiana's second-highest court has ruled that the Hoosier State has no obligation to keep doling out the beefed-up unemployment benefits bestowed by a March 2020 COVID-19 relief package, reversing a lower court's decision and saying the cuts would not violate state law.

  • August 18, 2021

    5th Circ. Says Probation Officer Wasn't Fired For Union Work

    A Texas county probation office did not unlawfully fire an officer because of his work for a union, the Fifth Circuit has ruled, saying the agency had valid reasons for firing him that had nothing to do with his labor advocacy.

  • August 18, 2021

    DOJ Rips Poultry Execs' Early Bid For Docs In Price-Fix Case

    The U.S. Department of Justice told a Colorado federal judge Monday that indicted poultry executives accused of price-fixing face few surprises at trial and thus have no need for a sneak peek at the evidence the DOJ plans to use weeks ahead of schedule.

  • August 18, 2021

    Ill. Gov's Campaign Defeats Trans Worker's Bias Claims

    An Illinois federal judge on Tuesday dismissed a discrimination suit brought against Gov. J.B. Pritzker's gubernatorial campaign by a transgender field organizer who alleged she was fired based on her gender identity.

  • August 18, 2021

    Riot Games Says Calif. Agency Trying To Sully Its Reputation

    Riot Games fired back at a California civil rights agency that accused the company of dragging its feet on a court order mandating it tell workers they could speak up about harassment without fear of retaliation, saying the "press-hungry" agency was trying to tarnish Riot's reputation.

  • August 18, 2021

    PATH Worker Gets $2.3M For Railroad Spike Injury

    A New York federal jury has awarded $2.25 million to a Port Authority Trans Hudson Corp. worker who alleged the company failed to maintain a safe worksite, resulting in his being severely injured when a railroad spike hit him in the head.

  • August 17, 2021

    Biden Admin Mulling Tweaks To ACA Birth Control Provisions

    President Joe Biden's administration has quietly confirmed that it's considering changes to the Affordable Care Act's contraception mandate in the coming months, disclosing its plans in a regulatory filing posted Monday and a court notice lodged Tuesday in California federal court. 

  • August 17, 2021

    Fiat Chrysler Hit With $30M Fine In UAW Corruption Case

    Fiat Chrysler was formally ordered Tuesday to pay an agreed-upon fine of $30 million after the automobile manufacturer pled guilty to providing more than $3.5 million in illegal payments and gifts to United Auto Workers officials, the U.S. Department of Justice said after the sentencing.

  • August 17, 2021

    NY Giants, GC Can't Nix 'Strangle' Threat Suit, Court Told

    A fired video director with the New York Giants said Tuesday jurors should decide on his claims that the team's general counsel threatened to "strangle" him if he shared confidential information, blasting their attempt to escape his whistleblower suit in New Jersey state court over purported workplace violence complaints.

  • August 17, 2021

    Uber Drivers Urge 9th Circ. Redo Of Arb. Order In Leave Suit

    The full Ninth Circuit should redo a panel ruling that Massachusetts drivers are not interstate transportation workers and therefore have to arbitrate claims that Uber Technologies Inc. misclassified them as independent contractors and unlawfully denied them paid sick leave, the drivers urged in a filing.

  • August 17, 2021

    GMU Law Prof Gets Exemption After Challenging Vax Mandate

    Attorneys for an unvaccinated George Mason University law professor said Tuesday the institution has granted their client a medical exemption from its mandatory COVID-19 vaccination policy, a move coming two weeks after he sued the public institution in Virginia federal court for allegedly violating his constitutional rights. 

  • August 17, 2021

    Insurer Isn't Required To Cover $30M Philly Balcony Collapse

    Security National Insurance Co. isn't obligated to pay the owner of a Philadelphia apartment building for almost $30 million in settlements resulting from a construction accident that left two workers seriously injured, a Pennsylvania federal judge ruled.

  • August 17, 2021

    Atty In Amazon Pay Suit Chided For 'Hide And Seek' On Key Q

    An employment attorney litigating claims against Amazon over short-term military leave received a stern rebuke Tuesday from a Brooklyn federal judge who compared the lawyer's evasive answers to questions about her client's pay history to a "hide-and-seek" game played by truffle-hunting pigs.

  • August 17, 2021

    Salt Bae Accused Of Stiffing Foreign Workers On OT

    Celebrity chef Salt Bae is under fire after five workers said he misled them into moving to America to be grillers only to misclassify them to avoid paying overtime, according to a lawsuit filed Tuesday in New York federal court.

  • August 17, 2021

    Post-Gazette Can't Duck Ex-Reporter's Racial Bias Suit

    The Pittsburgh Post-Gazette can't dodge a Black ex-reporter's claims it discriminated against her when it punished her for a tweet sarcastically comparing damage from last year's Black Lives Matter protests to a trash-strewn country music concert, a federal judge ruled Tuesday.

  • August 17, 2021

    NFL Concussion Deal Auditor Settles Firm's Hacking Claim

    NFL concussion settlement administrator BrownGreer PLC has inked a deal to end accusations that it illegally hacked into a Florida law firm's email servers to obtain purported communications from embattled attorney Tim Howard, the firms said Tuesday.

  • August 17, 2021

    Staffing Co. Rivals Must Arbitrate Ga. Noncompete Suit

    A Georgia federal judge has ordered rival staffing companies to arbitrate claims in a lawsuit alleging breaches of employee noncompete agreements and dismissed a suit by one of the companies against the two employees at issue.

  • August 17, 2021

    These Law Firms Have The Most Diverse Equity Partnerships

    After years of professing an unwavering dedication to promoting diversity in the legal industry, law firms have made only modest progress, particularly in their equity partnerships. But a handful of law firms are taking demonstrable steps to turn long-standing goals into realities.

  • August 17, 2021

    Navy Contractor Accused Of Firing Engineer Over FMLA Time

    A U.S. Navy contractor illegally fired an engineer who requested time off to take care of his wife with Parkinson's disease, according to a lawsuit filed in Pennsylvania federal court.

  • August 16, 2021

    Billionaires Must Testify In NLRB Casino Union-Busting Suit

    A National Labor Relations Board judge has denied an attempt by billionaire brothers Frank and Lorenzo Fertitta to avoid testifying in a massive unfair labor practices suit, saying their testimony about Stations Casinos LLC is essential because they have "direct and unique knowledge" about the gambling company.

  • August 16, 2021

    GEO Group Can't Shake Detainees' $1-A-Day Wage Suit

    Detained immigrants paid $1 a day may continue to pursue allegations that they were owed a minimum wage, after a Washington federal judge ruled Monday that GEO Group Inc. couldn't use a fellow private prison operator's appellate win to end its wage suit.

  • August 16, 2021

    LGBTQ Jurors Part Of Protected Class, Mass. Justices Say

    Massachusetts' highest court said Monday that trial lawyers cannot remove prospective jurors based on their sexual orientation without explanation, ruling for the first time that this amounts to discrimination under both the state and federal constitutions.

  • August 16, 2021

    REC Marine Can't Escape Maritime Injury Suit, 5th Circ. Says

    The Fifth Circuit won't let REC Marine Logistics LLC escape a suit alleging it contributed to an Offshore Marine Contractors Inc. worker's 2018 neck injury, saying there's a dispute over whether a 2015 collision involving that same worker led to her need for treatment after the 2018 injury.

  • August 16, 2021

    Hobby Lobby Discriminated Against Trans Worker, Panel Says

    An Illinois appellate court on Friday affirmed a finding that Hobby Lobby violated the state's Human Rights Act when it forbade a transgender employee from using the woman's bathroom, an issue of first impression in the Prairie State.

Expert Analysis

  • Protecting Trade Secrets In The Remote Workplace

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    A Pennsylvania federal court's recent decision in M3 USA Corp. v. Hart provides guidance for employers on protecting trade secrets when remote employees leave, and highlights associated jurisdictional issues to consider when bringing litigation against a remote employee, say Jeffrey Csercsevits and Kelsey Beerer at Fisher Phillips.

  • Strategies For Fighting Back Against A Rambo Litigator

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    If your opposing counsel is a so-called Rambo litigator, there are ways to turn their scorched-earth litigation tactics and ad hominem attacks into assets that favor your client, says Margeaux Thomas at Thomas Law.

  • Opinion

    Court Erred In Barring Late DOJ Intervention In FCA Case

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    A Tennessee federal court's novel approach in U.S. v. SouthEast Eye Specialists, barring U.S. Department of Justice intervention in a False Claims Act suit, is unsupported the statute, frustrates its purpose, may impede DOJ enforcement and should be rejected, say Catherine Dorsey at Baron & Budd and Jacklyn DeMar at Taxpayers Against Fraud Education Fund.

  • Opinion

    1 Year Into Pandemic, It's Time To Rethink Law Firm Billing

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    The particular tasks for which a law firm client can expect to be billed have become unpredictable in the era of COVID-19, making flat fees and other alternative fee arrangements more attractive for both in-house and outside counsel, says Jessica Hodkinson at Panasonic.

  • What Companies Should Know About SIGPR Oversight

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    Brian Miller, the special inspector general for pandemic recovery, discusses what companies and attorneys can do to avoid CARES Act fraud, how his team approaches protecting taxpayer money, and some of the challenges and successes SIGPR faced building an agency from the ground up amid a pandemic.

  • Opinion

    Inconsistent COVID Travel Bans Are Hurting The US

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    The current criteria for exceptions to U.S. pandemic-related travel bans — established by the flurry of inconsistent guidance that's been issued, revised, rescinded and resurrected this past year — are irreconcilable, harming U.S. companies, workers and our economy, says Angelo Paparelli at Seyfarth Shaw.

  • Rogue High Court Citation May Spark Legal Writing Changes

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    Justice Clarence Thomas’ unexpected use of a new citation format in the U.S. Supreme Court’s recent Brownback v. King opinion is the most notable citation change in the court's writing in 25 years, and could inspire receptiveness for other innovations in legal writing and beyond, says Carrie Garrison at Porter Wright.

  • A Cautionary Tale About Anti-Reliance Clauses In Delaware

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    The Delaware Chancery Court's recent refusal to dismiss McDonald's suit against former CEO Stephen Easterbrook offers important lessons on the language necessary under the state's law to disclaim reliance on extracontractual promises and representations, says Steven Sholk at Gibbons.

  • Mitigating Risk Amid Layoff-Driven Confidential Witness Boom

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    Corporate counsel should proactively allay risk stemming from securities fraud plaintiffs' use of confidential witnesses, which could become more common against the backdrop of pandemic-induced layoffs, say attorneys at Dechert.

  • Pleading Tortious Interference Claims In Calif. After Ixchel

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    Last August, the California Supreme Court ruled in Ixchel v. Biogen that claims for tortious interference with at-will agreements require evidence of independent wrongful acts, and in the decision's wake we are already seeing indications that motions to dismiss such claims may become more successful, say Amanda Main and Tijana Brien at Cooley.

  • The Case For Diversity In Internal Investigation Teams

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    Teams that represent differing backgrounds can uniquely strengthen internal investigation processes with more thorough deliberation, better interviewee trust-building and more effective problem-solving, so law firms and clients alike must avoid the natural impulse to select homogenous groups, say Karin Portlock and Jabari Julien at Gibson Dunn.

  • Ariz. Workers' Comp Opinion May Apply To COVID-19 Stress

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    The Arizona Supreme Court's recent decision about post-traumatic stress disorder in France v. Industrial Commission of Arizona may open the door for employees in the state to receive workers' compensation benefits for mental injuries caused by the stresses associated with forced telework amid COVID-19, says Ryan Heath at Gilson Daub.

  • 5 Ways Outside Counsel Can Impress Their Clients

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    Attorneys can build lasting relationships with corporate clients by thinking of in-house counsel as project partners, adhering to a few basic communication principles and thinking beyond legal advice, says Gerry Caron, chief counsel for safety, health and environment at Cabot.

  • Pa. Tax Talk: Who Can Get A Philadelphia Wage Tax Refund

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    The specifics of Philadelphia-based employers' remote work policies during the pandemic will have a significant effect on employees' abilities to collect city wage tax refunds and on the future of the wage tax itself, says Jennifer Karpchuk at Chamberlain Hrdlicka.

  • Ethics Tips For Attorneys Telecommuting Across State Lines

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    Attorneys working remotely from jurisdictions in which they are not admitted should take precautionary steps to avoid engaging in unauthorized practice of law, say John Schmidt and Michael Seaman at Phillips Lytle.

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