Employment

  • July 21, 2017

    2nd Circ. Backs Trader’s $1.1M Unpaid-Wage Win, Adds Fees

    A bond trader fired by Odeon Capital Group LLC who won $1.1 million from his former employer over unpaid wages had his win confirmed by the Second Circuit on Friday, with the court tacking on attorney’s fees and rejecting Odeon’s claims that the decision was tainted by perjury.

  • July 21, 2017

    Ky. Couples Win Fees In License Row Despite Magistrate

    Couples suing a Kentucky county clerk for refusing to give them marriage licenses as part of her protest against same-sex marriage are entitled to attorneys’ fees even though their case ended up getting dismissed, a Kentucky federal judge said Friday in shooting down a magistrate judge’s recommendation to deny fees.

  • July 21, 2017

    NJ Court Upholds Judgment For Whistleblower City Atty

    A New Jersey state appeals court on Friday upheld a default judgment against the city of Orange in a whistleblower suit from a former assistant city attorney, saying a trial court properly struck Orange's answer with prejudice after the municipality failed to provide its reasons for firing the lawyer in writing.

  • July 21, 2017

    NJ Court Won't Halt Christie's IT Dept. Decentralization

    The New Jersey Appellate Division on Thursday declined to halt Republican Gov. Chris Christie’s executive order to decentralize the state’s Office of Information Technology workers and disband them to the respective agencies they serve, a move the office’s union says could compromise the quality of the state’s computer systems.

  • July 21, 2017

    Key ACA Repeal Elements Need 60 Votes

    Important parts of Affordable Care Act repeal legislation cannot be approved in the U.S. Senate with a simple majority, dealing a fresh setback to the Republican repeal effort, according to procedural rulings Friday.

  • July 21, 2017

    DOL Tells Wells Fargo To Rehire, Pay Calif. Whistleblower

    The U.S. Department of Labor on Friday preliminarily ordered Wells Fargo & Co. to reinstate and pay a former Pomona, California, branch manager $577,500 in back wages, damages and other fees, after the bank terminated her allegedly for reporting private bankers were engaging in bank, wire and mail fraud.

  • July 21, 2017

    Nurse Properly Fired For HIPAA Violation, Ky. Court Rules

    A Kentucky appellate panel on Friday affirmed the dismissal of a suit accusing a hospital of unlawfully firing a nurse for violating the Health Insurance Portability and Accountability Act by disclosing a patient’s confidential health information, rejecting the nurse’s argument that the disclosure was incidental.

  • July 21, 2017

    Biz Groups Continue 5th Circ. Attack On DOL Fiduciary Rule

    Several financial and insurance industry groups, including the U.S. Chamber of Commerce, urged the Fifth Circuit on Thursday to rule against the U.S. Department of Labor’s fiduciary rule for retirement account advisers, saying the rule’s definition of a fiduciary “defies centuries of precedent.”

  • July 21, 2017

    Uber Seeks Sanctions In Driver Misclassification Suit

    A law firm representing a class of Uber drivers claiming they were misclassified as independent contractors and denied appropriate tips has improperly used a list of class members to solicit future clients, Uber told a California federal court on Thursday, seeking sanctions while the drivers’ lawyers called the argument “patently frivolous.”

  • July 21, 2017

    Medical Malpractice Cases To Watch In The 2nd Half Of 2017

    A bid to have the U.S. Supreme Court review a Florida statute giving patients access to hospital incident reports and a looming California ruling affecting doctors on workers' compensation panels are among the medical malpractice cases attorneys will be following in the second half of 2017. Here, Law360 takes a look at four pending cases.

  • July 21, 2017

    Ex-KBR Worker Urges DC Circ. To Revive FCA Kickbacks Suit

    A former KBR Inc. employee asked the D.C. Circuit on Thursday to rescue his False Claims Act suit against the defense contractor, saying a lower court improperly ignored crucial evidence when it dismissed the case in March.

  • July 21, 2017

    EEOC Says Manufacturer Would Only Hire Hispanic Workers

    The U.S. Equal Employment Opportunity Commission accused a Texas-based fiberglass conduit and strut manufacturer on Thursday of discriminating against a class of applicants seeking laborer jobs by declining to hire them because they are not Hispanic.

  • July 21, 2017

    Greenberg Traurig Adds OSHA Expert To Employment Team

    Greenberg Traurig LLP is beefing up its labor and employment practice by bringing on former general counsel to the federal Occupational Safety and Health Review Commission, the firm announced this week.

  • July 21, 2017

    Miners, Travelers Reach Deal In Wage Claim Coverage Row

    Travelers Indemnity Co., formerly bankrupt Alpha Natural Resources LLC and others asked a West Virginia federal court on Friday to remand a wage suit by former coal miners, saying they've reached a settlement that belongs in state court.

  • July 21, 2017

    Pharma Co. Fails In DQ Bid Against Ex-CEO's Counsel

    The attorneys for a pharmaceutical company’s former CEO can keep representing him in his suit against his old employers, a Pennsylvania federal judge ruled Thursday, rejecting a bid by the company and its old attorneys from a previous suit against the ex-CEO to kick his counsel out of the instant suit.

  • July 21, 2017

    Citing Deal, Texas Justices Toss Bus Monitor's Disability Suit

    The Texas Supreme Court on Friday granted a joint request from Dallas County Schools and a fired bus monitor who alleged disability discrimination, and vacated its May ruling that had reinstated a $160,000 jury award for the monitor citing a settlement between the parties.

  • July 20, 2017

    Ill. County Public Defender’s Office Beats Bias Claims At Trial

    An Illinois federal jury has rejected a former assistant public defender’s claims that he was discriminated against because of his age, gender and race when denied a promotion within the Cook County Public Defender's Office.

  • July 20, 2017

    Ill. Man Planned To Take Trade Secrets To China, Gov't Says

    An employee of a McHenry County manufacturing firm was indicted in Illinois federal court on Wednesday on 13 counts of attempting to steal trade secrets to bring to a rival firm in China, the U.S. Attorney’s Office in Chicago announced Thursday.

  • July 20, 2017

    Wis. Court Nixes Doctor’s Win Over Health Clinic Firing

    A Wisconsin appellate court on Thursday reversed a jury verdict in favor of a doctor claiming he was unlawfully fired following a health clinic operator’s internal probe of allegations of inappropriate touching of patients, saying his contract allows for termination without cause and therefore the suit should’ve been tossed.

  • July 20, 2017

    Disney Sued For Unpaid Costume Dress Time, Rounded Hours

    Walt Disney Parks & Resorts US Inc. failed to pay non-exempt workers for the time they spent getting into their costumes, rounded hourly wages unfairly and didn’t provide employees with accurate wage statements, according to a putative class action removed to California federal court on Thursday.

Expert Analysis

  • Rebuttal

    The Rise Of Midsize Firms

    Ronald Shechtman

    Recently, this publication featured an op-ed in which one law firm partner contended that midsize firms will be the next casualty of the legal market, due to a supposed inability to compete with BigLaw or boutique firms for business. Though we can expect to see Am Law firms continue to lead the market in megadeals and life-or-death litigations, by all indications midsize is on the rise, says Ronald Shechtman of Pryor Cashman LLP.

  • Resolving Class Claims Individually Post-Fulton Dental

    Arsen Kourinian

    Expanding on the U.S. Supreme Court’s Campbell-Ewald ruling, the Seventh Circuit’s recent decision in Fulton Dental v. Bisco further restricts a defendant’s ability to individually resolve a putative class action. Arsen Kourinian of McGuireWoods LLP discusses whether there are other procedural mechanisms that would permit a defendant to provide an unwilling plaintiff full relief in order to moot class claims.

  • War Of The Employment Class Waivers: 6th Circ. Weighs In

    Jeffrey Ranen

    With its recent decision in National Labor Relations Board v. Alternative Entertainment, the Sixth Circuit created an even three-to-three circuit split over the enforceability of class action waivers in employment arbitration agreements. Jeffrey Ranen and William Sung of Lewis Brisbois Bisgaard & Smith LLP examine the divide in the circuit courts up to this point, and predict how the U.S. Supreme Court will rule on this issue.

  • 5 Questions To Ask Yourself Before Submitting Litigation AFA

    Gregory Lantier

    Outside counsel should be able to articulate why she is proposing an alternative fee arrangement for this matter. If the client has not requested an AFA or the case is unusually difficult to budget with accuracy, this might not be the case to propose an AFA, say attorneys with WilmerHale.

  • How Mobile Apps Can Benefit Your Practice

    Sean Cleary.jpg

    Despite the boom in mobile application development, many lawyers are still reluctant when it comes to using apps in their daily work. Attorney Sean Cleary explores the benefits and shares some recommendations for apps geared toward attorneys.

  • Calif. Aims To Raise Bar On Overtime Salary Test

    Gina Roccanova

    The California Senate is poised to act on a bill that would require a higher salary threshold for categorizing employees as exempt from overtime requirements. Many employers pay their exempt employees, and many of their nonexempt employees, more than the proposed minimum, but this legislation will have a greater impact on certain categories of businesses, says Gina Roccanova of Meyers Nave Riback Silver & Wilson PLC.

  • Rebuttal

    The Future Of Litigation Finance Is Analytics

    Eva Shang

    In a recent Law360 guest article, Christopher Bogart of Burford Capital LLC claimed that "while theoretically well designed to find the proverbial needle in a haystack, big data and AI currently lack the ability to do so usefully in a commercial litigation financing context." But AI can manage many of the tasks that litigation financiers would otherwise perform, says Eva Shang, co-founder of Legalist Inc.

  • Using The Inevitable Disclosure Doctrine In DTSA Cases

    Robert Duda Jr.

    In its recent decision in Molon Motor & Coil v. Nidec Motor, an Illinois federal court opened the door for applying the inevitable disclosure doctrine to claims under the Defend Trade Secrets Act — at least in the context of a motion to dismiss at the outset of a case, say Robert Duda Jr. and Terry Smith of Smith O’Callaghan & White.

  • Where AI Meets Cybersecurity And The Legal Profession

    Randy Sabett

    Artificial intelligence and machine learning will continue to be a major focus for the legal community, whether as an isolated topic, as it intersects with cybersecurity, or within the legal profession itself. Each of these raises unique concerns for attorneys, says Randy Sabett, vice chair of Cooley LLP's privacy and data protection practice group.

  • When Text Messages To Employees Become A Liability

    Stephen Roppolo

    Supervisors using texts as a way to communicate with employees can find their words scrutinized by judges, jurors and government agencies. A New York demolition and concrete company recently discovered this the hard way when the National Labor Relations Board ruled that one of its supervisors engaged in unlawful interrogation of an employee, says Stephen Roppolo of Fisher Phillips.