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Employment

  • August 3, 2018

    Quinn Can't Bind Ex-Partners With Bogus Clause: Selendy

    A team of 10 former Quinn Emanuel Urquhart & Sullivan LLP partners said late Thursday that the firm’s effort to compel the remittance of legal fees earned at their new venture, Selendy & Gay PLLC, should be rejected, calling the partnership agreement clause the global litigation powerhouse wants to enforce through arbitration as being invalid on its face. 

  • August 3, 2018

    'Work Remains' On Colombia Labor Reforms, Officials Say

    U.S. and Colombian trade officials convened in Washington, D.C. to assess the status of their bilateral trade accord, with each side acknowledging that Bogota must continue working to improve its labor climate, as required by the accord.

  • August 3, 2018

    Liberty Mutual Can't Escape Doc's Suit Yet, 1st Circ. Says

    The First Circuit on Thursday vacated a summary judgment from a Puerto Rico district court for Liberty Mutual Insurance Co., ruling the insurer may still be on the hook for claims against a hospital administrator seeking coverage for a medical malpractice suit.

  • August 2, 2018

    Ex-NJ Worker Can Pursue Claims He Was Told To 'Act Jewish'

    A New Jersey federal judge on Thursday refused to toss a lawsuit alleging members of a coin and stamp collecting business fired an employee after he objected to their purported forgery scheme and their demands that he “act Jewish” and use a different name with customers, finding the allegations back up his claims.

  • August 2, 2018

    GE Engineer Linked To China Stole Trade Secrets, FBI Says

    A General Electric Co. engineer involved in multiple Chinese companies has been arrested after the FBI filed a criminal complaint in New York federal court Wednesday, claiming he stole trade secrets related to turbine technology and tried to conceal them in the code of a digital photo.

  • August 2, 2018

    11th Circ. Says Citrus Grower Isn't Joint Employer

    A Florida fruit grower is not a joint employer under immigration law with a contractor that allegedly extorted the pickers it supplied, an Eleventh Circuit panel ruled Thursday, saying the trial court misunderstood the relevant definition of the word "employer" and wiping out a nearly $200,000 class judgment.

  • August 2, 2018

    Endo To Pay Texas $13M Over Off-Label Lidoderm Sales

    Endo Pharmaceuticals Inc. has agreed to pay Texas $13.25 million to settle whistleblower claims that it defrauded the state’s Medicaid program by advertising its pain medication Lidoderm for unapproved uses, according to the relators’ attorneys.

  • August 2, 2018

    Injury Firm Owes $86K Fees In Paralegal's Late Wages Row

    A California appeals court has affirmed an award of $86,000 in attorneys' fees for a paralegal who quit a personal injury firm and claimed she wasn't timely paid her remaining wages, saying a state labor statute clearly authorizes fees awards in such cases.

  • August 2, 2018

    Female KPMG Employees Seek Class Cert. In Sex Bias Case

    Female workers at KPMG LLP asked a Manhattan federal court Thursday to certify their sex discrimination case against the accounting firm as a class and collective action, saying thousands of women potentially covered by the suit have been similarly mistreated when it comes to pay and promotions.

  • August 2, 2018

    Hospital System Will Pay $84.5M To End FCA Kickback Claims

    A hospital system in the Detroit area has agreed to pay $84.5 million to settle allegations that it provided kickbacks to physicians in exchange for patient referrals and billed false claims, defrauding Medicare, Medicaid and Tricare, the U.S. Department of Justice said Thursday.

  • August 2, 2018

    Law Needs A Culture Shift To Fight Sexual Harassment

    Preventing sexual harassment in the legal profession goes beyond identifying and punishing individual instances of misconduct and requires a culture overhaul, according to speakers on a panel at the American Bar Association's annual meeting Thursday in Chicago.

  • August 2, 2018

    Platinum Demise Front And Center At Ex-Union Boss' Retrial

    Federal prosecutors asked a Manhattan jury Thursday to tie former labor boss Norman Seabrook's alleged corruption to $19 million of investment losses his union later sustained when Platinum Partners, the hedge fund Seabrook allegedly favored in exchange for a $60,000 bribe in 2014, went bankrupt.

  • August 2, 2018

    1st Circ. Revives Woman's Hostile Work Environment Claim

    The First Circuit has revived part of a Puerto Rican woman's hostile work environment and retaliation suit, saying her bosses' alleged abuse and taunting occurred with enough frequency that a fact-finder could find they rise to the level of illegal behavior.

  • August 2, 2018

    Ex-FSU Coach Backs Challenge To On-Field Prayer Ban

    Retired Florida State University football coach Bobby Bowden on Wednesday told the U.S. Supreme Court that a Ninth Circuit finding saying a Washington state school district can prevent a coach from praying on the field after games is an abridgment of religious freedom.

  • August 2, 2018

    Locks Law Appeals NFL Concussion Deal Fees Breakdown

    Locks Law Firm on Thursday filed notice with the Pennsylvania federal court handling the NFL concussion settlement that it is appealing the order allocating $112.5 million in attorneys' fees in the case.

  • August 2, 2018

    Investor's Suit Accuses Temp Agencies Of Misreporting Taxes

    A shareholder of several California staffing firms has sued the companies in federal court, accusing the family running them and their accountants of misreporting business income on tax returns and failing to file tax forms.

  • August 2, 2018

    7-Eleven Hits Ex-Franchisee With TM Suit In Wage Dispute

    7-Eleven Inc. sued a former Chicago-area franchise owner in Illinois federal court Wednesday, claiming he is in violation of its trademarks for not turning over his stores or inventory to the company after losing his franchises for failing to pay his employees their legally required wages.

  • August 2, 2018

    Texas Court Claims Immunity In Suit Over Assistant’s Firing

    The Texas Court of Criminal Appeals has asked a Texas federal court to toss a suit by a former employee alleging she was fired over her political posts on Facebook, arguing that the court has sovereign immunity and her posts were inappropriate for someone publicly associated with the court.

  • August 2, 2018

    Covington, Debevoise Tapped For CBS' Moonves Probe

    Covington & Burling LLP and Debevoise & Plimpton LLP have been retained by CBS Corp. to lead an investigation into the alleged misconduct of chairman and CEO Leslie Moonves, the company said Wednesday.

  • August 1, 2018

    Mass. Lawmakers Send Noncompete Overhaul To Gov. Baker

    Massachusetts employers that enforce noncompete agreements would be required to continue paying certain workers for a year after they quit under a bill that legislators passed Wednesday largely aimed at curtailing the provisions.

Expert Analysis

  • #MeToo's Impact On Sexual Harassment Law Just Beginning

    Susan Sholinsky

    The myriad sexual harassment laws proposed and passed this year show that legislatures are swiftly responding to the #MeToo movement. All employers should keep abreast of developments nationwide, because another state's laws may be coming soon to a legislature near you, says Susan Sholinsky of Epstein Becker & Green PC.

  • Another Decision In Goldman Code Theft Case

    Jonathan Waisnor

    The Aleynikov case demonstrates that employees who attempt to use the proprietary source code of their former employers without authorization may face not only the risk of civil liability, but also prosecution under local criminal statutes. And they could also face liability under the recently expanded federal Economic Espionage Act, says Jonathan Waisnor of Willkie Farr & Gallagher LLP. 

  • Searching For Clues In Kavanaugh's Employment Opinions

    David Garland

    How might Judge Brett Kavanaugh rule on labor and employment issues if confirmed to the U.S. Supreme Court? A review of his D.C. Circuit opinions reveals a judge who has ruled in favor of employers, but also one who has called out discrimination and injustice where he has found it, says David Garland of Epstein Becker & Green PC.

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.

  • Maine Court Strikes A Blow Against Medical Marijuana Users

    Lino Lipinsky

    Last month, the Maine Supreme Court ruled in Bourgoin v. Twin Rivers that employers are not required to pay for employees' medical marijuana under the state's worker's compensation statutes. This decision provides lessons for employers throughout the country, say Lino Lipinsky and Nikko Stevens of Dentons.

  • How Courts Approach Trade Secret Identification: Part 1

    Mark Klapow

    Analytical data of thousands of federal trade secret cases suggest that trade secret identification falls far short of the speed, efficiency and clarity that Congress envisioned — and industry sought — when passing the Defend Trade Secrets Act, say attorneys with Crowell & Moring LLP.

  • Interpreting Complex Statutes: When To Go Beyond The Text

    Edward Zelinsky

    The U.S. Supreme Court’s majority and dissenting opinions in Wisconsin Central v. U.S. — a significant decision for the tax community despite receiving little attention last month — are an important exploration of when it is permissible for a court to use interpretive tools like legislative history, administrative interpretation and policy outcomes to find the meaning of complex statutory language, says Professor Edward Zelinsky of Benjamin N. Cardozo School of Law.

  • Collective Action Defendants, Don't Count Out Early Opt-Ins

    Juan Enjamio

    Following the Eleventh Circuit's decision in Mickles v. Country Club Inc., defeating conditional certification will not result in automatic dismissal without prejudice of early opt-ins in collective action cases, say Juan Enjamio and Anna Lazarus of Hunton Andrews Kurth LLP.

  • Myths And Facts About Using TAR Across Borders

    John Tredennick

    Many legal teams involved in cross-border matters still hesitate to use technology assisted review, questioning its ability to handle non-English document collections. However, with the proper expertise, modern TAR can be used with any language, including challenging Asian languages, say John Tredennick and David Sannar of Catalyst Repository Systems.

  • Vaccine Mandates And Lessons On Legal Compliance

    Alan Berkowitz

    Terminating or disciplining an employee who declines to get a vaccine because of a disability or religious belief exposes an employer to significant risk of a discrimination lawsuit. In Ruggiero v. Mount Nittany Medical Center, the Third Circuit established a relatively low threshold for employees to get past the initial pleading stage, say attorneys with Dechert LLP.