Employment

  • September 14, 2021

    7th Circ. Hints Labor Law May Preempt BIPA Claims

    The Seventh Circuit suggested during oral argument Tuesday that a lower court rightly applied a Railway Labor Act preemption ruling to find a group of union-represented employees' biometric privacy claims similarly blocked under the Labor Management Relations Act.

  • September 14, 2021

    Hemp Workers Nab Conditional Cert. Of 2 Classes In Pay Row

    An Ohio federal judge on Tuesday partially granted conditional certification of two classes of workers in a suit against a network of entities that allegedly hired but never paid workers at a Cleveland industrial hemp facility, finding they've met their burden at this stage of the litigation.

  • September 14, 2021

    Attorney Tells 1st Circ. His Sex Bias Suit Belongs In Court

    An attorney who lodged a sex discrimination lawsuit against Preti Flaherty Beliveau and Pachios LLP claiming he was fired for taking parental leave told the First Circuit that a lower court relied on outdated case law and exceeded its authority when it sent his case to arbitration.

  • September 14, 2021

    NCAA Must Face Race Bias Suit Over Academic Penalty Rule

    Two former NCAA basketball players have sufficiently claimed the organization's Academic Performance Program discriminates against student-athletes at historically Black colleges and universities, an Indiana federal judge held Monday in keeping alive a proposed class action.

  • September 14, 2021

    7th Circ. Weighs Asking Ill. Justices To Tackle BIPA Accrual

    The Seventh Circuit signaled Tuesday that it might be appropriate to send a biometric privacy case against White Castle to state court so the Illinois Supreme Court can determine when claims accrue under the state Biometric Information Privacy Act.

  • September 14, 2021

    Ex-Rice Exec Says He Ditched Conflicts Before He Was Fired

    A former Rice Energy executive told a Pennsylvania federal court that he had divested all his shares of contractors with the company before Rice fired him over an alleged conflict of interest, and he argued Tuesday that he should have a chance to show that the oil and gas company's cited reasons for firing him were a pretext for its racial discrimination.

  • September 14, 2021

    Uber Wins Bid To Arbitrate Drivers' Wage Claims

    Uber can send to arbitration a suit in which drivers alleged that the company misclassified them as independent contractors, after a federal judge found Tuesday that the drivers rarely engaged in interstate commerce and thus were not exempt from federal arbitration requirements under a carveout for interstate transportation workers.

  • September 14, 2021

    Ex-NHLer Fired For Lewd Joke Drops Suit Against NBC

    An NHL-player-turned-NBC-analyst on Tuesday dropped the remainder of the discrimination suit he leveled against the network and his old boss there after being fired for making off-color comments about a female co-worker, a New York federal court filing shows.

  • September 14, 2021

    Ga. Judge Weighs Injunction Against Insurance Executive

    A Georgia federal judge said Tuesday that the fate of insurance underwriting firm ISC Holdings' effort to permanently enjoin its former chief underwriting officer from competing with it may come down to how the idea of competition between the two is defined.

  • September 14, 2021

    Formosa Plastics To Pay $2.8M For Texas Fires, Explosions

    Formosa Plastics Corp. has agreed to pay a $2.85 million civil penalty to settle 20 Clean Air Act allegations related to a series of fires and explosions at one of its petrochemical plants in Texas.

  • September 14, 2021

    These Firms Have The Most Women In Equity Partnerships

    Many law firms are seeing only modest progress as they seek to close the gender gap in their top ranks. But these firms are working to shake up that reality and forging a path to progress.

  • September 14, 2021

    NBC Tech Fired In Pandemic To Arbitrate Anti-Asian Bias Suit

    A former NBCUniversal Media LLC teleprompter operator is required by her union's collective bargaining agreement to arbitrate claims that the company fired her in the early months of the coronavirus pandemic because she's Asian-American, a Manhattan federal judge ruled Monday.

  • September 14, 2021

    9th Circ. Nominee Apologizes For Signing Kavanaugh Letter

    Ninth Circuit nominee Jennifer Sung apologized Tuesday for signing a 2018 letter denouncing then-Judge Brett Kavanaugh as "intellectually and morally bankrupt" during her confirmation hearing before the Senate Judiciary Committee, calling the letter's rhetoric "overheated" and saying it wouldn't affect her ability to faithfully apply U.S. Supreme Court precedent.

  • September 13, 2021

    Pinterest 'Co-Creator' Says She Got Nothing From $14B IPO

    A woman who claimed to help create and build up Pinterest alleged in California state court that she was cut out of the spoils of an initial public offering she says generated more than $14 billion in equity.

  • September 13, 2021

    Justices Told Fed. Courts Have Jurisdiction Over Arb. Awards

    The former owners of a now-defunct Ameriprise Financial Services Inc. franchise have urged the U.S. Supreme Court to reject a petition by a financial adviser they once employed to return a dispute over her firing to Louisiana state court.

  • September 13, 2021

    4 Key Compliance Areas Under Biden's Vaccine Mandate

    President Joe Biden's stringent new vaccine plan comes as a "rude awakening" to employers that have thus far resisted enacting their own vaccine mandates and are now facing a series of potentially laborious policies and procedures to comply, attorneys say. Here are four key areas employers will want to be thinking about.

  • September 13, 2021

    Starbucks Stomps Out Pest Control Chemical Exposure Suit

    A New York federal judge on Monday tossed a personal injury suit against Starbucks brought by two pest control contractors who claim they suffered emotional distress upon finding pesticide strips at one location, finding the contractors have not demonstrated that they have suffered from toxic chemical exposure.

  • September 13, 2021

    Tribes Urge 9th Circ. To Affirm Calif. Negotiated In Bad Faith

    Five tribes urged the Ninth Circuit to uphold a lower court ruling that California negotiated required gaming compacts in bad faith and in violation of the Indian Gaming Regulatory Act by adding provisions unrelated to gaming.

  • September 13, 2021

    Chamber Of Commerce Wants Worker's COVID Suit Tossed

    The U.S. Chamber of Commerce and a group of business organizations are asking a California appeals court to throw out a suit by a worker alleging that lax safety standards at her job led to her husband contracting COVID-19 through her and then dying, saying that allowing the suit to go forward would undermine the Workers' Compensation Act.

  • September 13, 2021

    Judge Calls Construction Cos. One Employer In Pension Fight

    An Illinois federal judge ordered two concrete construction companies to be considered as a single employer in a suit filed by a Chicago labor union's pension and benefit funds seeking more than $1.4 million in unpaid contributions, but didn't rule on how much the funds were owed.

  • September 13, 2021

    LAPD Employees Sue City Over COVID-19 Vaccine Mandate

    A group of Los Angeles Police Department employees is challenging a mandate that all city employees be vaccinated against COVID-19, claiming the policy doesn't account for people who caught the virus and now have "natural immunity," according to a lawsuit filed this weekend in California federal court.

  • September 13, 2021

    Purdue Pharma Gets OK For $7.1M In Exec Incentives

    A New York bankruptcy judge gave Purdue Pharma permission Monday to make incentive payments of up to $7.1 million to its top executives, rejecting arguments that the executives had not done enough to clean up the company's corporate culture.

  • September 13, 2021

    United Pilots Urge 7th Circ. To Revive Sick Pay Accrual Claim

    A Seventh Circuit panel seemed skeptical Monday that it could revive a group of United Airlines pilots' claim that the airline improperly calculated their sick time accrual while on military leave, saying they may have waived their most convincing argument for reversal.

  • September 13, 2021

    Firefighter Union Loses Bid To Stop Gear Test Involving PFAS

    The nation's largest firefighter union on Friday took a loss in its battle to remove so-called forever chemicals from its members' equipment when an independent industry standards group rejected its bid to eliminate a testing requirement that allegedly leads to the chemicals' use.

  • September 13, 2021

    MVP: Keller Lenkner's Warren Postman

    Warren Postman of Keller Lenkner LLC's arbitration practice won an appellate ruling that said Postmates had to pay more than $10 million to cover filing fees for couriers in a misclassification case, and forced DoorDash Inc. to live up to its agreement to resolve issues with its couriers out of court, earning him a spot as one of Law360's 2021 Employment MVPs.

Expert Analysis

  • Opinion

    High Court NCAA Antitrust Ruling Will Not Help Naomi Osaka

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    Although the U.S. Supreme Court's recent NCAA v. Alston decision, that restrictions on student-athlete compensation violate antitrust laws, might enable tennis player Naomi Osaka to challenge professional women's tennis's post-match interview rule, a closer examination suggests that this theoretical antitrust claim would fail, says Jack Lerner at Levin & Glasser.

  • Keys To Efficient And Accurate Doc Review For E-Discovery

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    Attorneys involved in e-discovery can review information accurately and cost-effectively by understanding the data in a document collection and identifying its key pitfalls, drafting comprehensive review guidelines, and preparing ahead, says John Wertelet at Eckert Seamans.

  • Series

    Embracing ESG: Raytheon GC Talks Climate Change

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    Now that the climate crisis is seen as an existential threat, the stakes couldn't be higher — or the challenges more daunting — for the general counsel, who must enlist all parts of the company for support while providing both a legal and ethical road map on how to respond, says Frank Jimenez at Raytheon.

  • The Changing Pennsylvania Tax Landscape For Remote Work

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    Businesses with employees in Pennsylvania should be prepared to adapt to a post-COVID-19 world now that temporary guidance regarding remote work has expired and pre-pandemic rules regarding employment tax withholding and nexus have been applied, say Wendi Kotzen and Christopher Jones at Ballard Spahr.

  • Justices' Cedar Point Ruling May Inspire More Takings Claims

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    The U.S. Supreme Court's decision in Cedar Point Nursery v. Hassid, finding that a California law granting union organizers access to private property was a government taking, provides landowners with a new weapon to fight a broad range of government regulations, says Ryan Sugden at Stinson.

  • Mass. Ruling A Cautionary Tale For Attorneys Changing Firms

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    The Massachusetts high court's recent ruling in Governo v. Bergeron, that lawyers could be held liable for unfair competition with a former firm, highlights important considerations for departing attorneys soliciting clients to come with them, say Mariana Korsunsky and Gary Ronan at Goulston & Storrs.

  • Opinion

    DOJ Should Weigh Dismissing Every Nonintervened FCA Suit

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    When the U.S. Department of Justice chooses not to intervene in a False Claims Act qui tam lawsuit, it should also evaluate whether dismissal would be appropriate, before defendants, courts and the government spend significant resources on litigation that's unlikely to be successful, say attorneys at DLA Piper.

  • How High Court Clarified Off-Campus Student Speech Rights

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    As social media and online learning erode the boundaries between students' on- and off-campus behavior, the U.S. Supreme Court's recent decision in Mahanoy Area School District v. B.L. will help provide lower courts and schools with some clarity on how to approach off-campus speech and First Amendment rights, say Joseph Kenney and Amanda Harding at Sauder Schelkopf.

  • Next Steps For Cos. After High Court Patent Assignor Ruling

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    Following the U.S. Supreme Court's recent decision in Minerva v. Hologic limiting a doctrine that bars patent assignors from attacking the validity of patent rights, attorneys at Paul Hastings offer several practical tips for employers, litigants, and parties prosecuting applications from acquired portfolios.

  • How To Avert Media Narrative And Get A Fair High-Stakes Trial

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    Corporate defendants in bet-the-company litigation may face an uphill battle to a fair trial when the media paints an entire industry, and every entity within it, as a villain — but some strategic tools can help build a more constructive defense and counteract damaging outside spin, says Jessie Zeigler at Bass Berry.

  • Compliance Solutions For Pandemic-Related Fraud Risks

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    As organizations embark on post-pandemic business operations, individuals charged with governance should examine their anti-fraud compliance programs with an eye toward new risks associated with vendor contracts, financial reports and company culture, say Matt Rutter and Rachel Berk at Charles River Associates.

  • Opinion

    State Courts' Stark Lack Of Diversity Demands Action

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    With state judiciaries lagging their federal counterparts in demographic and professional diversity, law firms, state bar associations and other stakeholders should help build a path for more people with diverse backgrounds to become state judges, say Janna Adelstein and Alicia Bannon at the Brennan Center for Justice.

  • Giuliani Suspension Highlights Ethical Pitfalls For All Lawyers

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    Rudy Giuliani’s false public statements regarding the 2020 elections that resulted in his recent suspension from practicing law in New York may seem uncommonly flagrant, but the sanction underscores four ethics risks all attorneys should bear in mind, says Hilary Gerzhoy at Harris Wiltshire.

  • Justices' CFAA Ruling Shows Contract Safeguards Insufficient

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    Because of the U.S. Supreme Court's ruling in Van Buren v. U.S. that violating contractual limitations on proper use doesn't trigger Computer Fraud and Abuse Act liability, courts will likely also find violations of contractual limitations on access insufficient, so businesses should promptly implement technological barriers, says Aaron Dilbeck at Munck Wilson.

  • Where FCA Litigation Stands 5 Years After Escobar

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    Five years after the U.S. Supreme Court's landmark decision in Escobar, the False Claims Act's materiality requirement continues to be at the center of complex investigations and litigation, and the ruling has significantly affected dispositive motions, discovery and the U.S. Department of Justice’s dismissal authority, say Matthew Curley and Brian Roark at Bass Berry.

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