Employment

  • October 01, 2021

    5th Circ. Affirms Arbitration Award For Ship Worker's '99 Injury

    A Fifth Circuit panel on Friday affirmed an Indian arbitrator's $130,000 award in favor of an injured ex-employee, ending a two decade international arbitration battle between the employee and a group of ship management companies.

  • October 01, 2021

    Pro Say: A Supreme Court Term Packed With Landmark Cases

    A new U.S. Supreme Court term is upon us, with the justices set to tackle a slew of lightning-rod cases in the coming months, including a referendum on abortion rights and the court's first major gun rights case in over a decade.

  • October 01, 2021

    $15M Lyft PAGA Settlement Upheld Over Intervenors' Protest

    A California appeals court on Thursday held that Lyft drivers who sued the ride-share company under the Private Attorneys General Act do not have standing to intervene in a separate PAGA case and overturn a court-approved $15 million settlement.

  • October 01, 2021

    NFL 'Race Norming' Settlement Imminent, Judge Says

    The NFL, concussion class counsel Chris Seeger of Seeger Weiss LLP and attorneys for two Black former players are close to finalizing a deal to end the controversial use of race-based norms in cognitive testing in the league's concussion settlement, a Pennsylvania federal judge said Friday.

  • October 01, 2021

    EEOC Says Enviro Co. Denied Black Worker Raise, Fired Him

    The U.S. Equal Employment Opportunity Commission has hit an environmental remediation company with a discrimination lawsuit alleging the business declined a performance evaluation and a raise to a Black worker in Florida who was ultimately terminated based on his race.

  • October 01, 2021

    UAW Local Seeks Win Over Auto Worker's Bias Suit

    A United Auto Workers local has sought an early win over claims it failed to properly represent a former factory worker against involuntary medical leave after she was injured on the job and her employer failed to reasonably accommodate her to return to work.

  • October 01, 2021

    Up Next At High Court: State Water Rights, CIA Black Sites

    The U.S. Supreme Court will begin its October 2021 term Monday with Mississippi's lawsuit accusing Tennessee of stealing millions of dollars worth of water, followed by thorny questions about the Sixth Amendment right to cross-examination and whether the government can shield information about CIA black sites.

  • October 01, 2021

    Stuck On Plane Is No Meal Break, 11th Circ. Says

    An ICE contractor that organizes deportation flights can't automatically deduct meal breaks from its aviation security officers' compensable overtime because the workers weren't completely relieved of their duties while on the plane, a split Eleventh Circuit ruled.

  • October 01, 2021

    Delta Wins Challenge To NYC's Paid Sick Leave Law

    A New York City paid sick leave law may no longer apply to Delta Air Lines' flight attendants after a New York federal judge found the mandate is preempted by federal law because it could cut into the airline's ability to compete with rivals.

  • October 01, 2021

    Kavanaugh Tests Positive For COVID, Has No Symptoms

    Justice Brett Kavanaugh tested positive for COVID-19 on Thursday evening and will be participating in the Supreme Court's first oral arguments of the term next week from home, a court spokesperson said. He has been fully vaccinated since January and has no symptoms.

  • September 30, 2021

    Disney Settles Scarlett Johansson's 'Black Widow' Pay Suit

    Disney has reached a settlement to end Scarlett Johansson's California state court suit alleging the Marvel Studios parent's decision to immediately release "Black Widow" on its streaming service rather than allow for an exclusive theatrical run violated their contract and slashed the actress' earnings on the film, the parties announced Thursday.

  • September 30, 2021

    Unvaxxed Billionaire, Unruly Via Video, Denies Wrongful Firing

    Billionaire Alki David told a Los Angeles jury during combative and occasionally profane testimony delivered via videoconference Thursday that he did nothing wrong in terminating a former employee who says he was wrongfully fired for refusing to violate city building codes.

  • September 30, 2021

    Tesla Jury Told Of Psychological Injury Suffered By Ex-Worker

    A University of California psychologist told a California federal jury Thursday that pervasive racial harassment allegedly endured by a Black former subcontractor at Tesla's Northern California electric car factory likely caused him psychological injury, saying racial taunting that persisted despite his complaints engendered in him a sense of hopelessness.

  • September 30, 2021

    2nd Circ. Upends Precedent In Worker Back Pay Row

    The Second Circuit ruled Thursday that the government can't use a federal debt collection law to force a tech company and its president to fork over more than $341,000 in back wages to a former H-1B visa worker, overturning its own decades-old precedent.

  • September 30, 2021

    White House Adviser Touts 'Revitalization Of Antitrust'

    A White House adviser on competition and technology policy said Thursday that the administration is responding to public demand for action that will restrain corporate power in the country, calling it an important, historic moment for American antitrust.

  • September 30, 2021

    Motorola Again Urges Injunction After $600M Radio IP Win

    Motorola Solutions Inc. again urged an Illinois judge Wednesday to permanently block a Chinese rival from making and selling mobile radios using its intellectual property, saying it's necessary in light of its inability to collect a nearly $600 million trade secret judgment.

  • September 30, 2021

    NCAA Prez Warns Congress Of 'Pay-For-Play' Athlete Deals

    The NCAA's president on Thursday called on federal lawmakers to set strict limits on deals allowing college athletes to profit from the use of their names, images and likenesses, warning against "pay-for-play" contracts that would turn the athletes into employees.

  • September 30, 2021

    Texas Justices Mull Pipeline Builder's Liability In Explosion

    The Texas Supreme Court questioned Thursday whether an operations fee paid to a company that built a gas pipeline that exploded shortly after changing hands established the company as a contractor that can be listed as a responsible third party in an injured worker's $1 million negligence lawsuit.

  • September 30, 2021

    Cherokee Co., Workers Dodge IT Firm's Poaching Suit

    A Colorado federal judge has tossed an information technology company's suit claiming several former employees violated their employment agreements when they moved to a Cherokee Nation consulting firm, saying the noncompete agreements in the contracts were void under Colorado law.

  • September 30, 2021

    Construction Co. Challenges Pension Contribution Demand

    A sheet metal workers' pension fund has demanded that a California-based construction company make contributions for workers who don't require them under a labor contract, the company has argued in a lawsuit filed in Virginia federal court.

  • September 30, 2021

    11th Circ. Rejects City Clerk's Bias Claims Over Power Battle

    A Black city clerk who claimed she was subject to racial discrimination while caught up in what was described as a mayor's power battle was replaced by a much more experienced white staffer because she was unqualified, the Eleventh Circuit has determined.

  • September 30, 2021

    5th Circ. Won't Rehear Liftboat Co.'s OT Row

    A mixed Fifth Circuit on Thursday denied a liftboat-operating company's request for a rehearing of a panel decision that found crane operators who load goods on and offshore aren't overtime-exempt under federal law, despite two judges saying the ruling threatens the liftboat industry.

  • September 30, 2021

    Co. Accused Of Firing Atty Who Rejected CEO's Advances

    The U.S. Equal Employment Opportunity Commission is alleging the CEO of a government contractor asked an attorney he employed to have an affair and retaliated by firing her when she spurned his advances.

  • September 30, 2021

    EEOC Sues Pa. Health System Over Disability Discrimination

    The U.S. Equal Employment Opportunity Commission has accused the Pennsylvania-based Geisinger Health System of discriminating against a group of current and former employees by failing to provide them accommodations when returning from medical leave and forcing them to reapply for their jobs.

  • September 30, 2021

    'Friday The 13th' Writer Wins Back Script At 2nd Circ.

    In a closely watched case over copyright law's so-called termination right, the Second Circuit ruled Thursday that the screenwriter of the original "Friday the 13th" could reclaim the rights to his script.

Expert Analysis

  • Pa. No-Hire Pact Ruling Holds Hidden Noncompete Lesson

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    The Pennsylvania Supreme Court’s recent decision that a no-hire agreement between businesses was unenforceable in Pittsburgh Logistics Systems v. Beemac Trucking creates uncertainty for the use of such pacts, but a closer look at the case reveals a more important takeaway concerning the use of employee noncompetes to protect business interests, says Paul Greco at Fisher Phillips.

  • Smaller Firms Need Employee Wellness Programs, Too

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    As we emerge from the pandemic, small and midsize firms — which offer an ideal setting for companywide connection — should follow in the footsteps of larger organizations and heed the American Bar Association’s recommendations by adopting well-being initiatives and appointing a chief wellness officer, says Janine Pollack at Calcaterra Pollack.

  • Ill. BIPA Ruling Marks Critical Win For Silent Cyber Coverage

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    The Illinois Supreme Court's recent decision in West Bend Mutual v. Krishna Schaumburg Tan, confirming that commercial general liability policies do not have to include specific language to cover claims under the Biometric Information Privacy Act, represents a critical victory for policyholders, but leaves unresolved issues in the battle over BIPA coverage, says Tae Andrews at Miller Friel.

  • China Trade Secret Developments Bring Certainty For US Cos.

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    U.S. companies should welcome recent reforms to Chinese trade secret legislation and case law that make the litigation landscape more plaintiff-friendly and provide clarity on what business information is protectable and what confidentiality measures the law requires, say attorneys at Jones Day.

  • Opinion

    CFAA And The High Court's Fight Against Overcriminalization

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    When confronted with a notoriously broad and somewhat out-of-date statute like the Computer Fraud and Abuse Act, it is important for the judiciary to continue to protect defendants from prosecutors' tortured or extreme readings of these criminal laws — and that's what the U.S. Supreme Court did this month in Van Buren v. U.S., say Harry Sandick and Jacob Chefitz at Patterson Belknap.

  • Stop Networking, Start Relationship Marketing

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    USA 500 Clubs' Joe Chatham offers four tips for lawyers to get started with relationship marketing — an approach to business development that prioritizes authentic connections — and explains why it may be more helpful than traditional networking post-pandemic.

  • Pitfalls To Avoid When Drafting And Enforcing NDAs

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    Recent state and federal court decisions offer lessons for drafting nondisclosure agreements that minimize potential challenges and maximize legal enforceability, say Sonia Baldia and Alexander Borovsky at Kilpatrick.

  • What Attorneys Should Know About Fee Deferral

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    Milestone Consulting’s John Bair explores contingency-fee structuring considerations for attorneys, laying out the advantages — such as tax benefits and income control — as well as caveats and investment options.

  • Predictions On Pandemic's Lasting Impact On Legal Education

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    The pandemic accelerated the pace of technological change for legal education, and some of the changes to how law school courses are taught and on-campus interviews are conducted may be here to stay, says Leonard Baynes at the University of Houston.

  • 5 Steps Oil And Gas Cos. Can Take To Manage Cyber Risk

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    In light of the recent ransomware attack on Colonial Pipeline, oil and gas companies should consider potential legal exposure from cybersecurity breaches, implement plans and procedures for dealing with such incidents, and review vulnerabilities related to external parties, says Valerie Hatami at Conner & Winters.

  • Opinion

    Ill. Noncompete Reform Balances Employee And Biz Interests

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    The noncompete bill recently passed by the Illinois Legislature protects due process for workers while preserving employers' ability to guard business assets — a rare political compromise that may reduce noncompete litigation but increase the chances of enforceability in court, say Peter Steinmeyer and Brian Spang at Epstein Becker.

  • Lawyer Perfectionism Is A Disease We Can Control

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    The pursuit of perfection that is prevalent among lawyers can lead to depression, anxiety and other mental health impacts, but new attorneys and industry leaders alike can take four steps to treat this malady, says Liam Montgomery at Williams & Connolly.

  • 5 Tips To Help Your 2021 Summer Associates Succeed

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    Despite pandemic-related challenges this year, law firms can effectively train summer associates on writing and communicating — without investing more time than they ordinarily would, says Julie Schrager at Schiff Hardin.

  • Weighing Ability To Pay Criminal Fines Amid FCPA Crackdown

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    As Foreign Corrupt Practices Act enforcement is expected to increase under the Biden administration, companies facing scrutiny should assess the reasonableness of fines in the context of their capacity to continue operations, and the potential impacts of filing an inability-to-pay claim, say analysts at Charles River Associates.

  • Pa. Tax Talk: Takeaways From 2 Commonwealth Court Rulings

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    A Pennsylvania appellate court's recent decision in Good Shepherd Rehabilitation v. Allentown sets a positive precedent for other nonprofits subject to Allentown's aggressive tax position, and its recent decision in Mandler v. Commonwealth offers a reminder that some taxes, including payroll withholding taxes, are never dischargeable in bankruptcy, says Jennifer Karpchuk at Chamberlain Hrdlicka.

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