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Employment

  • October 18, 2018

    Huawei Using Suit Against Him To Steal IP, Ex-Worker Says

    A former Huawei employee on Wednesday accused the Chinese smartphone maker of using its case against his U.S.-based startup to steal intellectual property, calling it the “latest in a long line of underhanded tactics” to help China become a global tech leader.

  • October 18, 2018

    CWA Wants In On Calif. Review Of Sprint-T-Mobile Merger

    The Communications Workers of America District 9 said Thursday it has filed a motion to become a party to the California Public Utilities Commission's review of the proposed $59 billion T-Mobile and Sprint merger, saying it could lead to fewer jobs, lower wages and higher prices for consumers.

  • October 18, 2018

    Pa. Justices Ease Burden For Firefighter Cancer Claims

    The Pennsylvania Supreme Court has eased the burden on firefighters to move forward with workers’ compensation claims for cancer diagnoses they believe could be connected to their exposure to soot and other carcinogens.

  • October 18, 2018

    Burger King Workers Invoke Adam Smith In No-Poach Row

    Employees at Burger King slapped the fast food chain with a proposed class action over its intra-franchise no-poaching agreements in Florida federal court Thursday, invoking free-market founding philosopher Adam Smith's warning of more than two centuries ago that employers will do whatever it takes to keep wages down.

  • October 18, 2018

    Disbarred NY Atty Says Even Trump Got 2nd Chance

    The New Jersey Supreme Court has handed down a reciprocal disbarment to a New York attorney who didn't deny she stole $55,000 from her client but cited numerous reasons, including Donald Trump's presidency, why she should get a second chance, according to a decision and high court order made public Thursday.

  • October 18, 2018

    Reed Smith Adds Faegre Labor Pro In Chicago

    Reed Smith LLP has continued to build out its Chicago labor and employment practice with the addition of a new partner from Faegre Baker Daniels LLP who has spent much of his legal career advising employers on union-related issues, the firm has announced.

  • October 18, 2018

    Ex-USA Gymnastics CEO Charged With Evidence Tampering

    The former president and CEO of USA Gymnastics has been arrested in Tennessee after a Texas grand jury indicted him on charges of tampering with evidence during the federal investigation into convicted sexual abuser and former sports doctor Larry Nassar.

  • October 17, 2018

    Calif. Ruling Hamstrings NCAA’s Ability To Sanction Coaches

    A California judge’s recent decision to void a National Collegiate Athletic Association penalty that prevents coaches charged with serious rule violations from being hired at another school could hamstring the NCAA’s ability to penalize unethical conduct by coaches in the Golden State, which has the most Division 1 schools in the country.

  • October 17, 2018

    McDonald's Jointly Employed Calif. Workers, 9th Circ. Told

    A proposed class of McDonald’s workers suing the restaurant’s California franchises over wage-and-hour violations told a Ninth Circuit panel Wednesday that a lower court judge erred by killing their claims against the corporation, arguing that the fast food giant was their joint employer because it exercised control over its franchisees.

  • October 17, 2018

    The 8 Firms GCs Want For Employment Work

    Eight firms have caught the eye of general counsel as leading the pack when it comes to guiding businesses through employment suits during a time when high-stakes cases and the dollars companies set aside to litigate them are spiking, according to a new report.

  • October 17, 2018

    Sen. Warren Demands Toys R Us Pay Worker Severance

    U.S. Sen. Elizabeth Warren is urging five hedge funds who hold Toys R Us debt to answer questions about their role in the liquidation of the toy retailer and contribute to a fund to provide severance pay for the chain's 30,000 former employees.

  • October 17, 2018

    Vectrus Wraps Up Wage Class Action With $3.75M Deal

    A Washington federal judge has given final approval to a deal where Vectrus Systems Corp. agreed to pay $3.75 million to settle a class action that had accused a former version of the company of withholding pay and benefits promised to a group of people hired to work in Kuwait.

  • October 17, 2018

    A High Court Milestone Stirs Hope Of Gender Parity

    After an emotionally fraught confirmation process with sexual misconduct allegations front and center, a new justice joins the Supreme Court bench and brings four female clerks with him. The hires bring gender parity to the court's clerkship ranks for the first time, but will the shift be long-lasting?

  • October 17, 2018

    11th Circ. Says FCA Relator Barred From Forfeiture Case

    Criminal forfeiture law prevents False Claims Act whistleblowers from intervening in related forfeiture proceedings when the government chooses prosecution over intervening in a related FCA case, the Eleventh Circuit ruled Wednesday.

  • October 17, 2018

    Papa John's Tries To Stymie Founder’s Chancery Demands

    Papa John’s pizza chain founder John Schnatter’s “unbounded” demands for company records in a Delaware Chancery Court suit and alleged intent to use the results in future personal litigation against the company justify denial or heavy pruning of disclosures, company attorneys said late Tuesday.

  • October 17, 2018

    Panera Assistant Managers Win Cert. In DC Overtime Suit

    A District of Columbia federal judge has granted conditional certification of a nationwide collective and a D.C. collective of Panera Bread assistant managers who sued the chain over claims that it illegally denied them overtime wages, rejecting Panera's arguments against certification as premature.

  • October 17, 2018

    Class Claims Too Late In United Back Pay Row, Union Says

    Only the two United Airlines pilot instructors whose claims were revived in a suit alleging improper back pay disbursement can proceed in the case because the window for representing a class on the allegation has shut, an international pilots' union said Wednesday.

  • October 17, 2018

    Cabela's Tells Chancery Ex-Workers' Startup Must Be Stopped

    Sporting goods retailer Cabela’s LLC told a Delaware Chancery Court judge Wednesday that a group of former employees should be enjoined from launching a competing website in an apparent breach of employment agreements that bar use of the company’s confidential information.

  • October 17, 2018

    Texas Panel Told Noncompete Row Belongs In Arbitration

    A lawsuit by a property management company alleging that a former supervisor violated a noncompete agreement must be sent to arbitration under an earlier agreement, the former supervisor told a panel of Texas appellate judges in oral arguments in Houston Wednesday.

  • October 17, 2018

    Bayer Cholesterol Drug FCA Suit Survives Dismissal Bid

    A Minnesota federal court judge has kept alive a long-running False Claims Act suit alleging that Bayer AG misled the U.S. Department of Defense about the risks of its now-defunct cholesterol drug Baycol, finding that the relator had presented enough evidence to show that she had direct knowledge of the alleged fraud.

Expert Analysis

  • Studying The Reactions To SEC's Whistleblower Proposals

    Kathleen Massey

    Earlier this year, the U.S. Securities and Exchange Commission proposed amendments to the rules governing its whistleblower incentive and protection program. Kathleen Massey of Dechert LLP examines the key issues raised by the public comments filed in response, and what to expect from the final rules.

  • Class Arbitrability Questions After 11th Circ. JPay Ruling

    Gilbert Samberg

    One may ask whether the Eleventh Circuit’s recent decision in JPay v. Kobel correctly addressed the issue of “clear and unmistakable” consent when it comes to the delegation of class arbitrability. However, with respect to many class arbitration-related matters, a second issue looms, says Gilbert Samberg of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Avoiding Unfair Labor Practices Under NLRA Section 8(a)

    Excerpt from Lexis Practice Advisor
    David Phippen

    Section 8(a)(1)-(5) of the National Labor Relations Act allows private sector employees to form unions, participate in collective bargaining and take collective action. David Phippen of Constangy Brooks Smith & Prophete LLP discusses employer best practices for preventing violations of these provisions.

  • EEOC's Costco Case Sheds Light On Title VII Liability

     Laura Bacon

    The Seventh Circuit recently affirmed a finding of employer liability under Title VII for a hostile work environment caused by a retail customer. The decision in U.S. Equal Employment Opportunity Commission v. Costco Wholesale is important for employers with customer-facing operations, but its reach extends further, say Laura Bacon and Brittany Bogaerts of Nixon Peabody LLP.

  • 10 Key Points From New USCIS 'Notice To Appear' Policy

    Lisa Pino

    U.S. Citizenship and Immigration Services recently hosted a live teleconference to inform the public about a new policy memo concerning documents that notify and require recipients to appear in court before an immigration judge. Lisa Pino of Mayer Brown LLP discusses important implementation details.

  • Beware Litigating Against Tribal Entities In Federal Court

    Richard Duncan

    Two recent decisions demonstrate the difficulty of keeping commercial disputes involving Indian tribes in federal court — and the risks to parties assuming they can adjudicate disputes against tribal businesses in the same way they litigate disputes with nontribal entities, say attorneys at Faegre Baker Daniels LLP.

  • Opinion

    The ABA Was Dead Wrong About Model Rule 8.4(g)

    Bradley Abramson

    In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.

  • Opinion

    The Supreme Court Should Become Boring

    Alexander Klein

    In the aftermath of Justice Brett Kavanaugh's confirmation, the U.S. Supreme Court should decline review of the nation's most polarizing political questions unless and until the questions become time-sensitive, says Alexander Klein, head of the commercial litigation group at Barket Epstein Kearon Aldea & LoTurco LLP.

  • Q&A

    Back To School: BC's Kent Greenfield Talks Corporate Law

    Kent Greenfield

    In this series featuring law school luminaries, Boston College Law School professor Kent Greenfield reflects on his corporate law theories, his legal battle with the Pentagon over free speech and gay rights, and important constitutional law issues to watch out for.

  • Schools Must Prepare For Title IX Changes

    Josh Whitlock

    Recently leaked draft revisions to regulations governing schools' handling of sexual misconduct allegations suggest that the new regulations would have a significant impact on schools’ obligations and activities in this area. Educational institutions should start planning now for possible changes, says Josh Whitlock of Parker Poe Adams & Bernstein LLP.