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Employment

  • August 10, 2018

    Judge OKs $550K Deal In OT Suit Against Car Mat Co.

    An Illinois federal judge on Thursday signed off on a $550,000 deal ending a collective action alleging vehicle floor mat maker WeatherTech illegally denied full overtime wages to more than 1,000 current and former workers.

  • August 10, 2018

    McGuireWoods Adds Litigation, Employment Partners

    McGuireWoods has brought husband and wife Yasser and Meghaan Madriz in as partners at the firm's Houston office, bolstering its litigation and labor and employment stable.

  • August 10, 2018

    Rising Star: Wigdor's Michael Willemin

    Wigdor LLP’s Michael Willemin has helped workers for such titans of finance and media as JPMorgan Chase and Fox News bring suits to right alleged workplace wrongs in his young career, earning him a spot as one of five employment law attorneys under age 40 honored by Law360 as Rising Stars.

  • August 10, 2018

    After #MeToo, Firms Still Have Blind Spots Vetting Laterals

    In the era of #MeToo, law firms are more conscious than they've ever been about the need to vet a potential new partner who may have a history of misconduct, but their options for screening attorneys are constrained by costs and other practical impediments, namely the need to maintain confidentiality in lateral jumps.

  • August 9, 2018

    Goodyear Seeks New Trial After $40M Asbestos Verdict

    A New York jury has awarded $40.1 million to a man with mesothelioma, placing the bulk of the blame for his asbestos exposure on Goodyear Tire, which has asked for a new trial because of “outrageous remarks” made by the man’s counsel during closing arguments.

  • August 9, 2018

    Electric Car Startup Says Rival's No-Poach Terms Are Unlawful

    Electric vehicle startup EVelozcity sued Faraday & Future on Thursday in California state court, calling a contract term its competitor imposes to prevent departing employees from encouraging colleagues to also leave for another company “illegally restrictive.”

  • August 9, 2018

    2nd Circ. Strict On FCA First-To-File Bar In Allergan Case

    A Second Circuit panel ruled Thursday that a False Claims Act relator cannot avoid the FCA's first-to-file bar by filing an amended complaint after a similar earlier suit had been dismissed, in a case accusing drugmaker Allergan Inc. of providing kickbacks to doctors who prescribed its cataract treatments.

  • August 9, 2018

    8th Circ. Says CBA Negates ConAgra Workers' Don-Doff Suit

    The Eighth Circuit on Thursday upheld the dismissal of a proposed class action accusing ConAgra of not paying workers at an Arkansas facility for time they spent donning and doffing protective gear, saying the company acted according to the terms of a collective bargaining agreement.

  • August 9, 2018

    EEOC Says United Backed Pilot Who Posted Colleague Nudes

    The Equal Employment Opportunity Commission accused United Airlines Inc. of discriminating against a flight attendant on the basis of sex for its refusal to punish a pilot, even after he pled guilty to posting provocative images and videos of her on the internet for years, according to a suit filed in Texas federal court Thursday.

  • August 9, 2018

    Chicago Parade Helpers 'Sabotaged' Sponsor Ties, Suit Says

    The organizer of Chicago’s annual Bud Billiken parade has sued two people it hired to help organize its 2017 event, saying Tuesday that the pair “sabotaged” its relationship with several major sponsors and have threatened to disrupt this year’s procession.

  • August 9, 2018

    'Man-Purse And Some TLC' Sweetened $60K Bribe, Jury Told

    A key prosecution witness in the $20 million cash-for-investment bribery case against former union boss Norman Seabrook told a Manhattan jury Thursday that a designer man-purse and some friendly treatment soothed the defendant when he learned of his less-than-expected $60,000 alleged payout.

  • August 9, 2018

    9th Circ. Nixes Drivers' Challenge To Seattle Union Law

    The Ninth Circuit ruled Thursday that a group of independent drivers who contract with the ride-hailing apps Uber and Lyft cannot pursue a challenge to a Seattle ordinance that lets for-hire drivers form quasi-unions, saying the harms they purportedly would suffer are too speculative for their claims to be heard.

  • August 9, 2018

    New ABA Labor Chief Looks To Navigate Changing Landscape

    The American Bar Association Section of Labor and Employment Law is poised to help lawyers from both sides of the bar find common ground and to guide them through the #MeToo movement and the fallout from the U.S. Supreme Court's Epic Systems class-action waiver ruling, new section head and Cozen O'Connor employment practice co-chair Joseph Tilson told Law360 in an exclusive interview.

  • August 9, 2018

    StubHub Beats App Developer's Trade Secrets Theft Claims

    A California federal judge has awarded StubHub a win over allegations it flouted the Defend Trade Secrets Act when it hired three employees from a startup company who allegedly used proprietary data from their former company in apps they developed for the online ticket vendor.

  • August 9, 2018

    NYC Uber Cap A Harbinger Of More Hard-Line Rules

    The first-of-their-kind limits that New York City placed on the rapid expansion of Uber, Lyft and other app-based ride-hailing services may inspire cities and municipalities to craft more hard-line rules for newer entrants in on-demand transportation, experts say, but consumers could end up paying the price.

  • August 9, 2018

    Lupin Accused Of Hiring Older Sales Pros To Poach Clients

    Lupin Pharmaceuticals Inc. was hit with a proposed class action in Georgia federal court claiming the company hires seasoned sales pros in order to take their established clients, then fires the older workers, giving their accounts to cheaper, younger sales staff.

  • August 9, 2018

    Dell Unit Whistleblower Can't Get New Award With Bias Claim

    A California judge has refused a whistleblower’s request to scrap an allegedly inadequate $1.57 million award he received in his case against a Dell Technologies subsidiary, despite claims that the arbitrator unfairly excluded evidence and was biased because one of his JAMS colleagues once represented the company while at Orrick Herrington & Sutcliffe LLP.

  • August 9, 2018

    Ex-Goldman Sachs Managing Director Alleges Retaliation

    Goldman Sachs & Co. LLC inappropriately fired and withheld millions of dollars in bonuses from a former senior managing director who refused to take the blame for the investment bank's alleged failure to properly vet a European businessman with a "checkered past," the employee alleged Thursday in New York federal court.

  • August 9, 2018

    Teamster Fund Loses 2nd Circ. Bid To Nix $3.5M Award

    The Second Circuit stood by a decision to affirm a more than $3.5 million judgment against a Teamsters Local 210 fund in a decadelong dispute over a reduction in contributions, rejecting the fund's request that the court reconsider the ruling.

  • August 9, 2018

    EEOC Says Country Club Workers Faced Sexual Harassment

    The U.S. Equal Employment Opportunity Commission has said female employees at a San Diego-area country club were subjected to ongoing sexual harassment by a manager who gave preferential treatment to those who accepted his advances, according to a complaint filed in California federal court.

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.