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  • December 13, 2018

    Pa. Whistleblower Claim Not Barred By Older Law, Court Says

    A manager’s retaliation claim against the Lehigh Valley Health Network Inc. was revived by the Superior Court of Pennsylvania Wednesday when an appellate panel ruled she could bring a claim under the state’s whistleblower law without first going through the Pennsylvania Human Relations Act.

  • December 13, 2018

    Oil Platform Co. Asks 5th Circ. To Toss $3.2M Injury Verdict

    ENI US Operating Co. has urged the Fifth Circuit to toss a jury’s verdict awarding $3.2 million to an offshore drilling technician who was injured when he fell from a crane, arguing the jury should have heard evidence about the man’s prescription drug use before the accident.

  • December 13, 2018

    Engineering Co. Worker's $3.3M Injury Award Cut To $600K

    A Florida federal judge cut down a $3.3 million award by a jury to a woman whose hands were mangled by an R.T. Engineering Corp. wire bundling machine, downgrading it to $608,744.

  • December 13, 2018

    9th Circ. Won't Revive Long-Running Raytheon FCA Suit

    The Ninth Circuit has refused to revive a long-running whistleblower suit that accuses Raytheon of bilking the federal government on a satellite sensor contract, saying the relator had failed to provide sufficient information about the company’s alleged False Claims Act violations despite six attempts to do so.

  • December 13, 2018

    How To Throw A Holiday Party — Without The Legal Hangover

    While holiday parties may be a time-honored tradition for many companies, they present unique challenges that can land careless employers in legal hot water, especially in a year when the #MeToo movement has pushed concerns about workplace sexual harassment to the forefront of public consciousness, attorneys say. Here, Law360 looks at four things employers should keep in mind to make sure that holiday parties don't become fodder for lawsuits.

  • December 12, 2018

    Mortgage Co. Settles Loan Insurance FCA Case For $14.5M

    Finance of America Mortgage will pay $14.5 million to resolve a whistleblower lawsuit alleging that a predecessor company originated and underwrote deficient loans backed by federal insurance in violation of the False Claims Act, the U.S. Department of Justice announced Wednesday.

  • December 12, 2018

    CBS News, 3 Female Staffers End Dispute Over Charlie Rose

    CBS News Inc. has reached a confidential settlement resolving claims made by three women in New York state court that it allowed former news personality Charlie Rose to sexually harass them by improperly ignoring other sexual harassment allegations against him for years.

  • December 12, 2018

    Sears Defends $25M Exec Bonuses From Trustee In Ch. 11

    Sears Holding Corp. on Wednesday asked a New York bankruptcy court to reject a U.S. Trustee’s Office challenge to its proposal to pay $25 million in bonuses to top executives and employees, saying it's established the bonuses are fair and needed.

  • December 12, 2018

    Wis. Painters Entitled To Damages In Underpaid OT Row

    A Wisconsin painting company violated state and federal wage law by paying overtime to a class of workers who earned different rates for different work at their lowest weekly wage rather than their average wage across the workweek, a Wisconsin federal judge said.

  • December 12, 2018

    Top Dem Says Transgender Ban Fight To Stay Only In Court

    The presumptive next chairman of the House Armed Services Committee said Wednesday that moves to overturn the military “transgender ban” will likely be restricted to court, suggesting that the Republican-controlled Senate would not support legislation to end the ban.

  • December 12, 2018

    AMC To Face Ex-'Walking Dead' Exec's $300M Royalties Suit

    A five-year fight between “The Walking Dead” show creator Frank Darabont and entertainment behemoth AMC over the hit zombie show’s royalties is poised to head to trial after a New York judge on Monday issued a long-awaited ruling keeping the $300 million case alive.

  • December 12, 2018

    UBS Balks At Whistleblower Case's $3.2M In Attys' Fees

    UBS Securities asked a New York federal judge Tuesday to reject a “jaw-dropping” and “excessive” $3.2 million in attorneys' fees requested by a former analyst who won a $1 million verdict in his whistleblower trial under representation by Herbst Law PLLC and Broach & Stulberg LLP.

  • December 12, 2018

    Chase Says Workers Reneged On Deal To End Seating Suit

    JPMorgan Chase accused two workers of reneging on a deal to drop a long-running California federal suit alleging it violates the state’s suitable seating law Tuesday, calling the purported about-face “vexatious, wanton and oppressive” and urging a judge to enforce the settlement.

  • December 12, 2018

    'Bundle' Buys Don't Avert FCA Liability, Feds Say In Bayer Suit

    The federal government has weighed in on a whistleblower suit accusing Bayer Corp. of paying kickbacks to get doctors to use a surgery drug called Trasylol, saying the company can still be held liable under the False Claims Act even though the government pays for the drugs as part of a bundle rather than individually.

  • December 12, 2018

    Rutgers Cop Still Can't Arbitrate Suspension, NJ Court Says

    The New Jersey state appeals court affirmed Wednesday the dismissal of a Rutgers University security officer’s lawsuit over his employer’s refusal to engage in arbitration before suspending him, ruling that it had already determined the grievance procedure in the collective bargaining agreement at issue didn’t apply to campus cops.

  • December 12, 2018

    Ex-Tesla Worker Forced To Arbitrate Whistleblower Claims

    Tesla Inc. has won its bid to force arbitration of a former employee’s whistleblower claims he was fired for reporting to supervisors that the automaker had engaged in illicit conduct in dealing with customers, with a New Jersey federal judge finding that the worker waived his right to go to court under the parties’ arbitration agreement.

  • December 12, 2018

    Workplace Investigations, Arrests Up Since 2017, ICE Says

    U.S. Immigration and Customs Enforcement has been cracking down on employers suspected of hiring unauthorized immigrants, with the number of worksite investigations, internal audits and arrests jumping by 300 to 750 percent over the past fiscal year, the agency has announced.

  • December 11, 2018

    Calif. High Court OKs Meal Break Waiver For Health Workers

    Golden State health care workers don't have to take a second meal break during shifts lasting longer than 12 hours, meaning they can opt to leave work a half hour sooner, the California Supreme Court said Monday.

  • December 11, 2018

    NJ, Jersey City Sued Over 'Unconstitutional' Payroll Tax

    The state of New Jersey and Jersey City officials have been slapped with a lawsuit by Mack-Cali Realty Corp. and others claiming the town’s new measure imposing a payroll tax on non-resident employees in order to help offset public education costs is illegal “special legislation” that violates the state constitution.

  • December 11, 2018

    Subway Franchisee Gets OK For $80K Sex-For-Hire Suit Deal

    A Subway restaurant franchisee will pay $80,000 to end the U.S. Equal Employment Opportunity Commission’s suit alleging that one of its general managers sent two teenage girls texts offering to hire them in exchange for sex, with a New York federal judge approving the deal on Monday, six months after sending the case to trial.

Expert Analysis

  • Opening Comments: A Key Strategic Decision In Mediation

    Jann Johnson

    Opening comments by parties in mediation that are made with the proper content and tone can diffuse pent-up emotion and pave the way for a successful resolution. But an opening presentation can do more harm than good if delivered the wrong way, say Jann Johnson and William Haddad of ADR Systems LLC.

  • A Guide To Workplace Violence Prevention And Response

    Excerpt from Lexis Practice Advisor
    Elizabeth Harlan

    In this Lexis Practice Advisor excerpt, Elizabeth Harlan of Astrachan Gunst Thomas offers practical employer strategies for inhibiting and reacting to violence in the workplace.

  • Top 10 Whistleblowing And Retaliation Events Of 2018

    Steven Pearlman

    This year saw significant changes in the landscape of whistleblower and retaliation law, including a game-changing decision from the U.S. Supreme Court and the three largest bounty awards issued in the history of the U.S. Securities and Exchange Commission, say Steven Pearlman and Meika Freeman of Proskauer Rose LLP.

  • Why The High Court Will Hear Cochise Consultancy V. US

    Matthew Curley

    The U.S. Supreme Court recently agreed to hear Cochise Consultancy v. United States ex rel. Hunt, which deepened the circuit split over how the False Claims Act’s statute of limitations applies in certain qui tam actions. The decision should bring sorely needed clarity, say Matthew Curley and Scott Gallisdorfer of Bass Berry & Sims PLC.

  • Nonprofits And Volunteers: Understanding The Risks

    Ryan Portugal

    Nonprofit organizations commonly rely on volunteers to help achieve their mission. But circumstances in which volunteers can be treated as employees for purposes of tax, employment or negligence laws can have costly ramifications, says Ryan Portugal of Williams Parker Harrison Dietz & Getzen.

  • Class Cert. Evidence Standard Likely Headed To High Court

    Thomas Richie

    With circuit courts irreconcilably split on expert testimony at the class certification stage, the Ninth Circuit’s recent decision not to reconsider Sali v. Corona Regional Medical Center all but guarantees the issue will soon reach the U.S. Supreme Court, say Thomas Richie and John Goodman of Bradley Arant Boult Cummings LLP.

  • OFCCP Employee Selection Guidance: A Few Misconceptions

    Richard Fischer

    Meeting the scope and variety of the Office of Federal Contract Compliance Programs' adjunct employee selection requirements is a continuing challenge for contractors. Richard Fischer, research psychologist with the U.S. Department of Homeland Security and former OFCCP testing expert, debunks some common misinterpretations.

  • Opinion

    Why We Need Anti-Money Laundering Whistleblower Awards

    Eric Havian

    The recent Mossack Fonseca indictments and Deutsche Bank raid would not have been possible without the whistleblower behind the Panama Papers leak. But there is no incentive for rooting out the type of criminal money laundering revealed here, creating a large enforcement gap, say Eric Havian and Michael Ronickher of Constantine Cannon LLP.

  • Medical Marijuana Poses ADA Risks For Pa. Health Care Cos.

     Mariah Passarelli

    For health care employers, the enactment of Pennsylvania's Medical Marijuana Act has further complicated navigation of reasonable accommodations under the Americans with Disabilities Act. Mariah Passarelli of Cozen O’Connor discusses the pitfalls companies face at the crossroads of these two statutes.

  • A Few Ways Employers Can Avoid Holiday Legal Headaches

    Alex Aguilera

    Although legal compliance is a year-round job for employers, the end-of-the-year holiday season raises several additional considerations that make it more complicated, says Alex Aguilera of Seyferth Blumenthal & Harris LLC.