Employment

  • September 17, 2021

    CVS Says NY Online Pharmacy Can't Enforce Noncompete

    CVS Pharmacy Inc. hit online pharmacy retailer Capital Rx Inc. with a suit Thursday in Massachusetts federal court claiming the web-based business is trying to keep a former employee from working for CVS in violation of the Bay State's 2018 noncompete reform law.

  • September 16, 2021

    Laborers Say Va. Hemp Co. Stiffed Them Of Wages, Expenses

    A group of five Mexican laborers alleged in a federal Fair Labor Standards Act lawsuit filed Thursday that a Virginia hemp company cheated them out of wages and expenses and then wrongfully terminated them from work during the 2020 season.

  • September 16, 2021

    Insurance Exec Cleared For Work After Tiff With Ex-Employer

    A Georgia federal judge has cleared the way for an insurance underwriter to return to work, but said her former firm doesn't have to rehire her as chief underwriting officer.

  • September 16, 2021

    Withers Adds New Employment Partner In San Francisco

    BigLaw firm Withers added a new partner to its San Francisco employment team after she worked for the firm as a consultant for more than one year.

  • September 16, 2021

    Chubb Says Coke Not Covered For Texas Worker's Injuries

    Chubb Limited Insurance Co. argued in a filing that it has no duty to defend a Coca-Cola bottler in an underlying lawsuit filed by an employee in Texas who was injured in a forklift accident.

  • September 16, 2021

    Trulieve Seeks Exit From Noncompete Row Over Exec Hiring

    Florida-based cannabis company Trulieve has asked a state judge to toss allegations that it interfered in a contractual relationship when it hired a communications director from a rival company, saying the plaintiff had failed to state a proper claim.

  • September 16, 2021

    Indiana Hospital Must Face Suit Over Contractor's Surgery

    An Indiana appeals court said a hospital can't get out of a proposed lawsuit by a patient who claims he suffered a botched gallbladder removal, finding the hospital didn't clearly tell the patient that the operating surgeon wasn't an employee of the facility.

  • September 16, 2021

    Amazon Can't Force Flex Driver To Arbitrate Privacy Claims

    Amazon can't force a Flex driver to arbitrate his claims that the company wiretapped drivers' private Facebook groups where they discussed working conditions, strikes and unionization, a California federal judge ruled Wednesday, saying the claims aren't related to the driver's employment.

  • September 16, 2021

    Lin Wood's Ex-Colleagues Say Hidden Emails Merit Sanctions

    Former colleagues of embattled conservative attorney L. Lin Wood Jr. have called for a second set of sanctions against him in their dispute over the distribution of shared client payments, saying they've uncovered emails proving he has repeatedly lied to a Georgia state trial court and continues to do so.

  • September 16, 2021

    Insurer Fights Landscaper Defense For Human Trafficking Suit

    A Pennsylvania landscaping company can't tap into coverage for a suit alleging a violent human trafficking scheme for migrant labor, according to MMG Insurance Co.'s federal court suit, as the policy bars coverage for the type of expected and intended harm alleged.

  • September 16, 2021

    Apple Wants Fed. Circ. To Rethink Refusal To Toss Patent Suit

    Apple is asking the Federal Circuit to rethink a decision that the tech giant must face a patent lawsuit over its Apple Watch brought by a University of Michigan engineering professor, saying that the ruling retroactively puts the ownership rights of "countless" patents in jeopardy.

  • September 16, 2021

    Court Partly Blocks Aon Rival From Using Trade Secrets

    An Illinois federal judge has partially granted Aon PLC's bid to block a company created by former employees from using allegedly stolen trade secrets or contacting Aon clients, finding the professional services firm likely to succeed on some claims in its suit.

  • September 16, 2021

    MLB Network Settles Fired Makeup Artist's Retaliation Suit

    The Major League Baseball Network has settled a former hair and makeup artist's claims it violated New Jersey state law by denying her sick leave and then allegedly firing her in retaliation, federal court papers filed Thursday show.

  • September 16, 2021

    1st Circ. Revives Ex-Walmart Greeter's Disability Bias Battle

    The First Circuit reinstated a former Walmart greeter's lawsuit alleging the retail giant sacked her for taking time away to manage an injury she suffered on the job, finding "ambiguous job requirements" and "unclear expectations" supported her case.

  • September 15, 2021

    Alleged Colombo Boss Among 14 Charged In Union Scheme

    Alleged Colombo family boss Andrew "Mush" Russo is among 14 charged in a sprawling criminal case that includes allegations of racketeering, extortion and money laundering connected to an attempt to control a labor union and its health care benefits program, according to an indictment unsealed in New York federal court Tuesday.

  • September 15, 2021

    11th Circ. Revives FLSA Suit Over Nontipped Work At Denny's

    The Eleventh Circuit on Wednesday reversed an early win for restaurant chain Denny's in a Fair Labor Standards Act fight with a former worker, ruling there are enough disputed facts regarding how many nontipped tasks the worker performed to send the case to trial.

  • September 15, 2021

    Littler Settles Dispute Over Allegedly Filched Copyrights

    Employment law powerhouse Littler Mendelson and the Center for Workplace Compliance have settled their dispute over allegations that Littler stole 2,100 pages of proprietary material from CWC to use to its own advantage.

  • September 15, 2021

    1st Circ. Mulls If Whole Foods Workers' BLM View Covers KKK

    Whole Foods workers disciplined for wearing Black Lives Matter masks urged a First Circuit panel Wednesday to revive their race bias case, but one judge wondered if their expansive legal theory might also prevent a hypothetical employer from banning Ku Klux Klan messaging in the workplace.

  • September 15, 2021

    NY Judge Preserves Trucker's Fraud Claim Against CBD Co.

    A New York federal judge dismissed a racketeering claim filed by a trucker against a CBD company that he says cost him his job when he failed a drug test after sampling its product, but the suit's state-fraud claim has been preserved.

  • September 15, 2021

    Colo. Timeshare Brokers Win Class Cert. In Overtime Suit

    A Colorado federal judge has granted conditional class certification to sales brokers who claim they were denied overtime wages and other benefits by a timeshare resort business that called them independent contractors rather than employees. 

  • September 15, 2021

    Black Officers' Hiring Bias Claims Won't Get Class Treatment

    An Illinois federal judge refused to give class treatment to a group of Cook County correctional officers' claims that the county's hiring process discriminates against African American applicants, saying the officers' allegations can't be proved with common evidence.

  • September 15, 2021

    Doctor Group Asks 7th Circ. To Revive Antitrust Suit

    An Illinois federal judge relied too heavily on her own opinions when she threw out an antitrust suit claiming a nonprofit that oversees a group of medical specialty certification boards colluded with hospitals and insurers to force doctors to pay for recertification programs, a physicians organization told the Seventh Circuit on Wednesday.

  • September 15, 2021

    Delta Asks Justices To Hear 'Untenable' Calif. Pay Stubs Fight

    Delta Air Lines has asked the U.S. Supreme Court to review a Ninth Circuit decision reviving proposed class claims that the airline violated California's wage statement and timekeeping regulations, saying the decision interferes with federal laws governing interstate travel and commerce.

  • September 15, 2021

    Ex-Quinn Emanuel Worker Says Racism Suit Isn't Time-Barred

    A Hispanic former tech employee at Quinn Emanuel Urquhart & Sullivan LLP argued Tuesday that his claims of a hostile work environment, retaliation and discrimination were timely and plausibly alleged in a response to the firm's motion to dismiss his New York federal suit, adding that the defendants "downplay and ignore facts" and "deliberately overlook" the law.

  • September 15, 2021

    SEC Whistleblower Bounty Program Hits $1B Milestone

    The U.S. Securities and Exchange Commission on Wednesday said it has now paid more than $1 billion to whistleblowers, a milestone that follows an unprecedented acceleration in the pace of payouts since last summer that's been bolstered by the "pro-whistleblower" stance from new SEC leadership.

Expert Analysis

  • 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.

  • For Trucking Accident Plaintiffs, Access To Evidence Is Key

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    The country is relying more than ever on the trucking industry during the COVID-19 pandemic, but when trucking companies fail to properly manage drivers, plaintiffs attorneys can use statutes that enforce access to evidence to obtain justice for accident victims, says Sam Coffey at Coffey Trial Law.

  • Inside DC Bar's New Guidance On Multiple Representation

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    The D.C. Bar recently cleared the way for lawyers to represent both a party and a witness in the same case in guidance that could prove influential as multiple representation in employment cases becomes increasingly common, says Alan Kabat at Bernabei & Kabat.

  • 6 Ways Legal Employers Can Help Pandemic-Weary Parents

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    Parenting during the pandemic has introduced a series of competing personal and professional obligations for attorneys and professional staff, and even organizations that are supportive of their parent employees can take steps to do better, says Meredith Kahan at Saul Ewing.

  • How Cos. Can Weather Growing DOJ Labor Antitrust Scrutiny

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    In light of of the U.S. Department of Justice's increasing antitrust scrutiny of labor markets and President Joe Biden's vow to eliminate most noncompetes, companies should customize their compliance plans and review employee agreements to mitigate risk, say Eric Grannon and Adam Acosta at White & Case.

  • Pandemic Force Majeure Interpretations May Be Shifting

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    A New York federal court's ruling in JN Contemporary Art v. Phillips Auctioneers, deeming COVID-19 to be a natural disaster that triggers a force majeure clause, appears to loosen previously strict contours of contractual interpretation and could create a legal quandary for obligees, say Kimberly Daily and Matthew Rawlinson at Eversheds Sutherland.

  • Renewable Energy Cos. Need New Risk Management Tools

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    As President Joe Biden seeks to ramp up renewable energy development, the industry's risk managers must not only rely on traditional insurance and contractual warranties, but also explore new risk management products like proxy revenue swaps, say Leslie Thorne and Andrew Van Osselaer at Haynes and Boone.

  • Inside The Immigration Reform Bill's Business Provisions

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    Provisions in the recently introduced U.S. Citizenship Act that aim to reduce the employment-based green card backlog and attract STEM students are welcome business immigration reforms, but the business community is skeptical of its more restrictive provisions, say attorneys at Akin Gump.

  • A Cautionary Tale On Duplicative Noncompetes

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    Duplicative or overlapping noncompete provisions in employment contracts can hinder enforcement of choice of forum and other restrictive covenants, the Delaware Chancery Court recently showed in AG Resource Holdings LLC v. Terral, and could mean preclusive judgments and duplicative litigation costs for companies, say attorneys at Dechert.

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