• March 15, 2018

    Chicago Police Officer Says Gender Inspired Her Demotion

    A Chicago Police lieutenant with 28 years on the force sued the city of Chicago on Thursday, alleging she was demoted from her prestigious position commanding marine and helicopter units because she was targeted by a superior whom she claimed discriminated against her because of her sex.

  • March 15, 2018

    Split 5th Circ. Vacates DOL's Obama-Era Fiduciary Rule

    A split Fifth Circuit panel on Thursday vacated the U.S. Department of Labor’s fiduciary rule for retirement account advisers, with the majority finding the agency overstepped its authority and that the Obama-era rule’s redefinition of "fiduciary" was unreasonable.

  • March 15, 2018

    4 Slam-Dunk Tips For Employers To Swish March Madness

    With the NCAA basketball tournament tipping off this week, millions of workers will be tracking their office pool brackets and sneaking peeks at games during work hours. But lawyers say businesses should generally avoid calling flagrant fouls on employees and instead treat March Madness as an easy layup for fostering companywide camaraderie.

  • March 15, 2018

    LinkedIn Tells 9th Circ. Startup’s Bots Hurt Competition

    LinkedIn asked a Ninth Circuit panel to nix a judge’s order allowing a startup company to keep using bots to scrape data from public profiles on its website, saying at oral arguments Thursday that the decision undermined the “very values of competition and innovation the district court thought it was protecting.”

  • March 15, 2018

    Auto Seller Seeks Full 11th Circ. Review Of Bias Suit

    An auto sales company whose victory over an employee’s discrimination suit was reversed by an Eleventh Circuit panel asked the full appeals court to reinstate its win on Wednesday, saying the decision to reinstate the case was based on bad evidence and an invalid argument.

  • March 15, 2018

    9th Circ. Revives Whistleblower's FCA Row Against Merck

    The Ninth Circuit on Thursday revived a whistleblower's allegations that Merck and two other drugmakers violated the False Claims Act by offering doctors kickbacks to prescribe their blood-thinning drugs, finding the lower court based its dismissal on an outdated "original source" test.

  • March 15, 2018

    Ex-Minn. Hockey Coach Gets $3.7M Verdict In Bias Case

    A federal jury awarded former University of Minnesota Duluth women’s hockey coach Shannon Miller $3.7 million in her case accusing the school of discrimination and of retaliating against her for complaining about disparate treatment, according to a verdict on Thursday.

  • March 15, 2018

    Zarco Einhorn DQ'd In Miami Restaurant Tipping Row

    Miami's River Yacht Club successfully disqualified Zarco Einhorn Salkowski & Brito PA and two of its attorneys who are litigating a tip credit suit against the chic restaurant after arguing before a Florida federal court the law firm had previously represented the restaurant in a similar case.

  • March 15, 2018

    Grad Students, Unions Tell Schools To Come To Table

    Graduate students at five schools and leaders of the Service Employees International Union, the United Automobile Workers and other national unions on Wednesday asked the schools’ presidents to negotiate union contracts with their graduate workers. 

  • March 15, 2018

    Walmart Skewed Sales To Outdo Amazon, Ex-Exec Claims

    A former Walmart executive hit the retail giant with a whistleblower lawsuit in California federal court Thursday, claiming he was wrongfully fired after he challenged its business practices and complained that it was painting a misleading picture of its e-commerce growth in trying to outcompete Amazon.com Inc.

  • March 15, 2018

    NLRB Employee Union Criticizes Proposed Agency Changes

    A union representing National Labor Relations Board workers told general counsel Peter Robb that proposed changes to case processing procedures and to the regional office system would undermine the agency’s mission and make it harder for unfair labor practice charges to be properly investigated, according to a letter made public Thursday.

  • March 15, 2018

    Toys R Us Creditors Fear Wind-Down Uncertainties

    The abrupt acknowledgement by Toys R Us that it will wind down operations and liquidate inventory at more than 700 stores in the U.S. was met with a wave of concerns Thursday, as creditors' attorneys said they hope for a transparent process that maximizes stakeholder returns.

  • March 15, 2018

    Long-Running L-3, Serco Subcontract Dispute Tossed

    L-3 Technologies failed to establish that it had any contractual or business expectation of work from Serco Inc., accused of orchestrating an $80 million scheme to cut L-3 out of the loop on an Air Force subcontract, a Virginia federal judge ruled Thursday.

  • March 15, 2018

    Workers Win 'Tolling' Ruling In Del. 3rd Circuit Query

    In a partial win for banana plantation workers pursuing a pesticide class injury claim, Delaware's Supreme Court told the Third Circuit on Thursday that statute of limitation pauses in multijurisdiction disputes end only after a clear denial of class status.

  • March 15, 2018

    2nd Circ. Wipes Out Aluminum Co. Union Bargaining Order

    The Second Circuit on Thursday reversed part of a 2016 National Labor Relations Board order forcing an aluminum company to negotiate with a union that lost a 2014 election, saying the company may have illegally influenced the vote, but it was too much for the board to presume the workers wanted a union after so much time.

  • March 15, 2018

    NLRB Targets Oct. 1 For Proposed Restructuring

    The National Labor Relations Board hopes to implement by Oct. 1 a proposed restructuring that would place more central oversight over the agency’s regional leaders, according to a Wednesday memorandum from General Counsel Peter Robb that also discusses litigation data and policies teed up for review.

  • March 15, 2018

    Grocers Can't Condition Info On Union Waivers: NLRB Judge

    A grocery store chain violated federal labor law by telling a group of Pennsylvania workers during a union campaign it would only reveal forthcoming wage and benefit changes if they agreed to waive a union’s power to file charges over the disclosure, a National Labor Relations Board judge ruled Wednesday.

  • March 15, 2018

    Alston & Bird Nabs DLA Piper Litigation Team In LA

    Alston & Bird has hired a team of DLA Piper attorneys who are experienced in high-stakes commercial litigation in the employment and real estate arenas, as well as helping high-profile corporate clients like The Coca-Cola Co. fight consumer class actions, Alston & Bird said Wednesday.

  • March 15, 2018

    Abbott Says Ex-Employee Should Pay For Dismissed FCA Suit

    Abbott Laboratories Inc. on Thursday asked a Massachusetts federal judge to send its legal bill to an ex-employee who brought back a previously dismissed False Claims Act lawsuit with claims the pharmaceutical company says were already thrown out.

  • March 15, 2018

    Ex-Boston Top Cop Backs Hair Drug Test To Screen Officers

    The former commissioner of the Boston Police Department told a Massachusetts federal judge in a long-running trial Thursday that he believed a drug test using hair samples was a valid means of screening officers, but acknowledged concern about a racial disparity in the results.

Expert Analysis

  • Opinion

    Grassley, Feinstein Debate Judicial Vetting, Obstruction

    Sen. Chuck Grassley

    It is undisputed that in his first year in office President Trump was able to confirm a significant number of judges to the federal bench. How it happened — and whether it's a good thing — are debated here by Sen. Chuck Grassley, R-Iowa, and Sen. Dianne Feinstein, D-Calif.

  • Calif. High Court OT Ruling: What Employers Should Know

    Christian Scali

    For the past two years, California employers have been able to pay employees for working weekends with a flat-sum bonus, confident that following official federal regulations would be enough to protect them from liability. However, this interpretation came to a halt with the California Supreme Court’s recent decision in Alvarado v. Dart Container Corp., say attorneys with Scali Rasmussen.

  • How Settling With The Gov't Is Costlier Under New Tax Law

    Marvin Kirsner

    A provision in the Tax Cuts and Jobs Act greatly expands the scope of the disallowance of deductions for fines and penalties paid to government agencies. This will make it costlier for a company to settle claims of violation of laws and regulations brought by federal, state or local agencies, or even foreign governments, says Marvin Kirsner of Greenberg Traurig LLP.

  • Inside The High Court's Take On Interpreting CBAs

    Steven Swirsky

    The U.S. Supreme Court's recent decision in CNH Industrial v. Reese, reaffirming that collective bargaining agreements must be construed according to ordinary contract principles, shows that the court will brook no outliers with respect to the mandatory application of traditional rules of contractual interpretation, say attorneys with Epstein Becker Green.

  • 3 Lessons From Sinovel's Trade Secret Theft Conviction

    Justus Getty

    One of the key takeaways from a Wisconsin federal court's recent decision in U.S. v. Sinovel Wind Group is that the most serious threats to a company’s trade secrets can often be internal rather than external, says Justus Getty of Duane Morris LLP.

  • No Bright-Line Rule For 'Telework' As ADA Accommodation

    Alexis Ronickher

    As technology has evolved to make telecommuting possible in more types of jobs, so too has the answer to the question of whether it's a reasonable accommodation under the Americans with Disabilities Act. However, as demonstrated by two recent Sixth Circuit decisions, at least one pattern can be discerned in these types of cases, say Alexis Ronickher and Mehreen Rasheed of Katz Marshall & Banks LLP.

  • Why Sexual Harassment Victims Face Class Action Hurdles

    Daniel Messeloff

    The #MeToo movement continues to gain momentum, but before a wave of litigation can ensue, the federal government and the U.S. Supreme Court will need to revisit the question of arbitration clauses in employment contracts. Even then, there will still be hurdles to establishing class claims for sexual harassment, say Daniel Messeloff and Emily Knight of Tucker Ellis LLP.

  • Opinion

    A Case For Litigation Alternatives In #MeToo Movement

    Deanell Reece Tacha

    In this highly litigious society, many are asking why sexual harassment cases languish, are not reported or not challenged through normal legal channels. The answers to these questions are complicated, but one significant factor is that the adversarial legal system is ill-equipped to address the complex issues these cases raise, says Deanell Reece Tacha, a mediator and arbitrator at JAMS and former judge for the Tenth Circuit.

  • Fate Of Public Union Agency Fees In Hands Of High Court

    Shannon Farmer

    During oral arguments in Janus v. AFSCME, the U.S. Supreme Court justices peppered counsel on both sides with questions about the First Amendment and the possible impacts of eliminating union agency fees. Notably, Justice Neil Gorsuch, who is expected to cast the deciding vote, did not ask a single question, say attorneys with Ballard Spahr.

  • Digital Realty’s Victory Is A Loss For Corporate Compliance

    Stephen Kohn

    In Digital Realty Trust v. Somers, the U.S. Supreme Court undermined Wall Street’s advocacy of internal corporate compliance programs as an alternative to whistleblower reward laws. But the adverse impact of Digital’s Supreme Court victory can and should be mitigated, says Stephen Kohn of Kohn Kohn & Colapinto LLP.