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Employment

  • August 14, 2018

    DC Circ. Won't Revive Former Amtrak Atty's Age Bias Suit

    A District of Columbia federal appellate court declined to revive a suit brought by a former attorney in Amtrak’s Office of the Inspector General alleging that she was fired due to her gender and her age, ruling that there was no evidence that Amtrak’s stated reason for firing her during a department restructuring was a lie.

  • August 14, 2018

    Chicago Law Firm Wants Ex-Atty's Exit Pay Claim Arbitrated

    Chicago law firm Williams Montgomery & John Ltd. sought to get a suit brought by a former employee and shareholder tossed from Illinois federal court, arguing that his claim that the firm failed to pay him $150,000 in benefits belongs in arbitration.

  • August 14, 2018

    Harvey Weinstein Must Face Actress' Sex Trafficking Claims

    A federal judge in Manhattan ruled Tuesday that an actress' sex trafficking suit against producer Harvey Weinstein can move forward, saying her allegations that Weinstein promised her a role and other opportunities so he could force her to perform sex acts are strong enough to advance.

  • August 14, 2018

    NYC Cap On Uber, Lyft Licenses Signed Into Law

    Mayor Bill de Blasio on Tuesday signed into law legislation making New York City the first major U.S. city to limit the number of for-hire vehicles on the road for Uber, Lyft and similar app-based ride-hailing services, establishing a one-year freeze on new licenses.

  • August 14, 2018

    Talent, Recruiting Biz ClearCompany Nabs $60M In Funding

    Talent management and recruiting software firm ClearCompany on Tuesday said its first-ever growth funding round brought in $60 million, as the company looks to add new members to its team and increase its development and sales capabilities.

  • August 14, 2018

    Union Wants Quick Win On Mondelez Workweek Arbitration

    A machinists union has asked an Illinois federal court to enforce an arbitration award in a dispute with Mondelez Global LLC and reject the food distributor’s arguments that a provision for voluntary seven-day workweeks in their collective bargaining agreement violates state law.

  • August 14, 2018

    NLRB Can Pursue Retaliation Case Against Menard: Judge

    A Wisconsin federal judge on Tuesday ruled that the National Labor Relations Board didn't jump the rails of federal labor law when it pursued a retaliation complaint against Menard Inc. on behalf of a contractor, saying the agency acted within its authority and the retailer will be able to appeal an outcome it doesn't like.

  • August 14, 2018

    NCAA, Players Can Use O'Bannon Evidence In Antitrust Trial

    The California federal judge who will try claims the NCAA illegally prevents athletes from being paid beyond their scholarships said Monday she will admit evidence from the landmark O'Bannon case, overriding multiple objections from both the sports body and the students.

  • August 14, 2018

    LeClairRyan Hires Ex-Phelps Dunbar Employment Pro In Texas

    LeClairRyan expanded its Houston office with the addition of a former Phelps Dunbar LLP attorney who will bring with him almost 15 years of experience handling employment and labor matters, including class actions, collective bargaining and trade secret suits.

  • August 14, 2018

    Health Center Settles Claims Over Navy Member's Job Rights

    A Phoenix-based health center dedicated to providing medical services to urban Native Americans, Alaska Natives and others has agreed to a settlement with the U.S. Department of Justice over claims that it violated the Uniformed Services Employment and Reemployment Rights Act when it declined to renew a U.S. Navy Reserves doctor's contract.

  • August 14, 2018

    You Can't Deadlock In 3 Hours, NY Judge Tells Bribery Jury

    A Manhattan federal judge told jurors mulling fraud and conspiracy counts against Norman Seabrook, the former labor boss accused of steering $20 million in union money to a hedge fund in exchange for a $60,000 bribe, to go back to work Tuesday after they quickly said they were unanimous on one charge but deadlocked on the other.

  • August 14, 2018

    Boston City Hall Aides Urge 1st Circ. To Toss Feds' Appeal

    Two Boston City Hall staffers have urged the First Circuit to toss prosecutors' challenge to a ruling dismissing extortion charges against them, saying that, despite months of delay, the U.S. attorney's office in Massachusetts has blown a filing deadline.

  • August 14, 2018

    Euronext Hits Back At Wrongful Termination Lawsuit

    Euronext said Tuesday it has bought out the remaining minority stake of its Fastmatch unit held by the currency trading business' founder after the former executive sued the European stock exchange for wrongful termination in New York federal court.

  • August 14, 2018

    Tribal College Wins Toss Of Former Worker's Sex Bias Suit

    A Montana federal judge has tossed a sex discrimination suit against Salish Kootenai College from its former director of academic success, holding that since the school functioned as an arm of the Confederated Salish and Kootenai Tribes, it wasn't an employer subject to litigation under Title VII of the Civil Rights Act of 1964.

  • August 14, 2018

    Hilton Suites Can't Escape Barista's Disability Bias Suit

    An Illinois federal judge kept alive a barista’s disability discrimination suit against her former employer, Chicago’s Hilton Suites hotel, finding she had provided enough proof at this stage to support her claim that she was treated differently due to her disability.

  • August 14, 2018

    Ga. Court Convicts Cybercriminal On $6M ID Theft Charges

    A Nigerian citizen was found guilty of aggravated identity theft charges by a jury in a Georgia federal court after stealing more than $6 million from American universities with his partner, the U.S. Department of Justice announced Monday.

  • August 13, 2018

    LED Co. Wins $66M In Trade Secrets Row With Chinese Rival

    A California jury awarded LED lighting company Lumileds LLC $66 million on Friday, finding that the chairman of China’s Elec-Tech International Co. Ltd. had paid a former Lumileds employee to steal trade secrets so that he could implement them in his company’s products.

  • August 13, 2018

    David Boies On How Dyslexia Shaped His Practice

    One of the country’s highest-profile litigators, the Boies Schiller Flexner LLP chairman was diagnosed with dyslexia when he was in his 30s. In an interview with Law360, he talks about practicing law with the learning disability.

  • August 13, 2018

    Michael Kors Wage Class Action Likely Headed To Arbitration

    A California federal judge on Monday tentatively ruled that Michael Kors USA Inc. and a staffing company can send to individual arbitration a woman’s putative class action alleging the companies stiff workers on overtime and withhold rest and meal breaks.

  • August 13, 2018

    BigLaw’s Mental Health Stigma Shows Signs Of Fading

    Sometimes viewed as an “invisible” disability, mental illness has long been forced under wraps because of the risk attorneys could face bias and stigma. Here’s how lawyers, law firms and other groups are starting to take on the status quo.

Expert Analysis

  • Litigating Wage And Hour Hybrid Actions: Part 2

    Excerpt from Lexis Practice Advisor
    Craig Friedman

    Although Fair Labor Standards Act collective claims and Rule 23 wage and hour class claims often involve overlapping factual circumstances, it's important not to lose sight of the independent hurdles each presents to litigators, and the way they interact in a hybrid suit. In the final part of this article, attorneys with Jones Day share key strategies to consider at different stages of litigation.

  • Spokeo Strikes Again: Why Challenges To Standing Are Key

    David Anthony

    In Dutta v. State Farm Mutual Automobile Insurance Company, the Ninth Circuit recently affirmed the district court’s decision granting summary judgment to State Farm in a putative Fair Credit Reporting Act class action. The decision presents another helpful application of the U.S. Supreme Court’s 2016 Spokeo opinion, say attorneys at Troutman Sanders LLP.

  • Insurance Tips For 'No Poach' Employment Antitrust Claims

    Jeff Kiburtz

    Regulators are taking new and aggressive steps to address the purported use of "no poach" agreements that allegedly violate antitrust law. Apart from ensuring that current practices comply with state and federal laws, companies should make sure that their insurance policies can help mitigate risk from prior practices, say Jeff Kiburtz and Heather Habes of Covington & Burling LLP.

  • Litigating Wage And Hour Hybrid Actions: Part 1

    Excerpt from Lexis Practice Advisor
    Craig Friedman

    There are several key considerations when handling a hybrid Fair Labor Standards Act and Federal Rule of Civil Procedure 23 wage and hour class and collective action. Attorneys with Jones Day provide an overview of the procedural steps and legal standards involved in litigation, strategies to consider at each stage of the case, and practical guidance on litigating such claims.

  • Who Can Decide Whether 'Class Arbitration' Is Authorized?

    Gilbert Samberg

    In Lamps Plus v. Varela, the U.S. Supreme Court will decide next term whether an arbitration agreement that says nothing about class arbitration can be interpreted to constitute consent by the parties. But it's currently unclear if the Supreme Court will specify who can actually decide that question, says Gilbert Samberg of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Insights On Time-Rounding Systems For Calif. Employers

    Andrea Calem

    A California appellate court's recent opinion in AHMC Healthcare v. Superior Court of Los Angeles County is helpful for employers that use time-rounding systems. The discussion of the statistical criteria required to establish that such practices are neutral is particularly useful, say Andrea Calem and Roland Juarez of Hunton Andrews Kurth LLP.

  • 10 Tips For A Successful Employment Mediation

    Frank Burke

    Recently, courts across the country have seen an increase in employment law claims, a high percentage of which are resolved through the mediation process. In this article, Frank Burke of ADR Services Inc. shares best practices for planning, strategy and mediation advocacy in the employment law arena.

  • The Future Of Authenticating Audio And Video Evidence

    Jonathan Mraunac

    The recent emergence of artificial intelligence-based technology has prompted serious concerns about the future integrity of recordings. Attorneys must think critically about standards for authenticating audio and video evidence as well as legislative and regulatory safeguards to discourage pervasive manipulation and forgery, says Jonathan Mraunac of Ogletree Deakins Nash Smoak & Stewart PC.

  • Aviation Watch: The Regional Jet Wars Heat Up

    Alan Hoffman

    The business of building and selling regional jet airliners has become an all-out battleground, with Boeing, Embraer, Bombardier, Airbus and Mitsubishi fighting for contracts worth billions of dollars and tens of thousands of jobs. The Trump administration's aggressive trade policies have added more uncertainty to the mix, says retired attorney and private pilot Alan Hoffman.

  • It's Not Too Early To Prep For New Mass. Employment Laws

    Sean O’Connor

    Courtesy of the “grand bargain” legislation, significant changes are coming to Massachusetts employment law. Among other new requirements, employers should prepare for increases in the state minimum wage rates, revisions to tipped employees’ wages, and a new state-administered paid family and medical leave program, says Sean O’Connor of Morgan Brown & Joy LLP.