Employment

  • November 16, 2017

    NantKwest Investor Sues Insiders Over Restatements

    A NantKwest shareholder filed a derivative suit Thursday against company insiders, saying the board knew the company was misrepresenting tens of millions of dollars in compensation but hid it from shareholders and continued to try to cover it up afterward.

  • November 16, 2017

    Clerical Error Frees Insurers From Coverage Row: 11th Circ.

    Two insurers are still off the hook from defending a company that owns a Miami dock from an underlying personal injury suit, the Eleventh Circuit ruled Thursday, affirming a lower court’s decision that found a clerical error preempted coverage for the company.

  • November 16, 2017

    DOL, First Bankers Strike $16M Deal Settling 3 ERISA Suits

    First Bankers Trust Services Inc. has agreed to pay nearly $16 million to resolve a set of lawsuits alleging it breached its fiduciary duties under the Employee Retirement Income Security Act in purportedly letting three employee stock ownership plans overpay for their own companies’ stock, the U.S. Department of Labor said Thursday.

  • November 16, 2017

    Hibu Noncompete Suit Trimmed Over Boundary Limit

    Portions of a noncompete agreement that restricts an individual from working in a particular territory can’t be enforced against a former Hibu Inc. employee who helped a competitor prepare to expand into that territory, a Kansas federal judge ruled Wednesday, while sending other claims to trial. 

  • November 16, 2017

    Law Firm Settles Fight Over Atty’s Share Of Sirius Settlement

    A Houston law firm on Tuesday dropped a lawsuit it filed last week against a former attorney with the firm in a dispute over the associate's slice of $12.25 million in attorneys' fees stemming from a settlement in a class action against Sirius XM Radio.

  • November 16, 2017

    Startup Tells 9th Circ. $1B IP Holder Not A 'Sham' Co.

    Startup Indiezone Inc. told the Ninth Circuit on Thursday that a lower court erred in sanctioning it and its lawyer for bringing a “sham” company into its case alleging former employees conspired to steal its $1 billion e-commerce processing software, saying new evidence showed the co-plaintiff was legitimate.

  • November 16, 2017

    PBGC Blasts Pilots' Fiduciary Breach Claims At DC Circ.

    The Pension Benefit Guaranty Corp. asked a D.C. Circuit panel Thursday to quash a breach of fiduciary duty claim from former Delta Air Lines Inc. pilots who say the government agency intentionally miscalculated their benefits when it took on their pension commitments as part of the airline’s 2016 bankruptcy.

  • November 16, 2017

    Top Uber Cases To Watch

    Uber, which for years has faced a legal onslaught targeting multiple facets of its ride-hailing business, is battling allegations of aggressive operating tactics including fostering a culture that allowed sexual harassment and mismanagement to thrive and misclassifying drivers as independent contractors. Here, Law360 examines some of the more high-profile cases that Uber has been embroiled in.

  • November 16, 2017

    EEOC Report Spotlights Bias Suit Spike, Backlog Cut

    The U.S. Equal Employment Opportunity Commission filed more than twice as many discrimination lawsuits in fiscal 2017 as it did in the previous year, while also putting a significant dent in a persistent backlog of pending investigations that had recently drawn the ire of lawmakers, according to an agency report.

  • November 16, 2017

    Senate OKs Antitrust Whistleblower Bill, Sends It To House

    The full U.S. Senate on Wednesday approved a renewed bill, bound for a House of Representatives that’s failed to take up past versions, that would heighten protections for whistleblowers who report antitrust violations, allowing them to sue in court if they are fired, demoted or otherwise retaliated against.

  • November 16, 2017

    Rite Aid Manager's $9M Award In Retaliation Suit Trimmed

    A California appeals court on Wednesday wiped out $5 million of a nearly $8.8 million wrongful discharge award a jury gave to a former Rite Aid manager it found was fired because of disabilities stemming from a store robbery, saying the company shouldn’t be punished for low-level leaders’ mistakes.

  • November 16, 2017

    Fired Xerox Worker Can't Argue Gay Bias In 5th Circ.: Judge

    A Texas federal judge on Wednesday advised a former Xerox employee to amend his Title VII claims that the company fired him for being gay, saying that while sexual orientation is not a protected class in the Fifth Circuit, he could better make his case if he amends his sex discrimination claim.

  • November 16, 2017

    Railroads Get New Trial After Occupational Injury Verdict

    The Pennsylvania Superior Court on Thursday overturned a $600,000 jury verdict against CSX Transportation Inc. and other railroad companies over a former employee’s occupational injuries, granting the railroads a new trial on the basis that counsel for the employee introduced precluded evidence and made a prejudicial comment at trial.

  • November 16, 2017

    Venable Accused Of Concealing Client’s Evidence Destruction

    A Russian railcar lessor asked a Connecticut federal court Thursday to punish its ex-chief executive and his Venable LLP counsel by issuing a default judgment in its suit over allegedly divulged trade secrets, claiming they engaged in a “nefarious scheme” to destroy evidence and conceal the misdeed

  • November 16, 2017

    Fed. Circ. Nixes Vets' Challenge To VA Agent Orange Policy

    A divided Federal Circuit panel on Thursday tossed a petition from Vietnam War Navy veterans challenging a U.S. Department of Veterans Affairs manual tweak instructing adjudicators to deny medical benefits to sailors serving in deep-water harbors who were allegedly exposed to Agent Orange, concluding the change isn’t a regulation over which it has jurisdiction.

  • November 16, 2017

    NY Restaurant Supplier Gets Wage Collective Action Tossed

    A New York federal judge has dismissed a proposed collective action alleging a Queens restaurant supply distribution company denies workers minimum wage, saying even if the worker behind the suit is right that he worked many more hours than the business recorded, he was paid enough. 

  • November 16, 2017

    6 Virginia Restaurants To Pay $3M In DOL Wage Suit

    Six Virginia restaurants have agreed to pay $3 million in damages and unpaid minimum and overtime wages to nearly 150 workers following an investigation by the U.S. Department of Labor, the agency said Wednesday.

  • November 16, 2017

    NJ Board Can Order Drug Evaluation For Nurse, Court Says

    A New Jersey appeals court on Thursday backed the state nursing board’s order that a nurse suspected of being intoxicated at work undergo substance abuse evaluation and monitoring, ruling that the order was warranted for the nurse’s questionable, if not confirmed, conduct.

  • November 16, 2017

    NFL Wants Hernandez CTE Suit Paused For MDL Ruling

    The National Football League urged a Massachusetts federal court Wednesday to pause a lawsuit filed by Aaron Hernandez’s daughter over his late-stage chronic traumatic encephalopathy pending a panel decision about whether to transfer the case to multidistrict litigation.

  • November 16, 2017

    Pols Weigh In On NAFTA's Labor, Car Rules Ahead Of Talks

    As the fifth round of talks to renegotiate the North American Free Trade Agreement began Wednesday, lawmakers from both sides of the aisle came forward with a fresh set of demands, looking to exert their will on the agreement’s rules for labor and automobiles.

Expert Analysis

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.

  • Post-Escobar Guardrails And Policy-Setting Relators

    Rebecca Martin

    The Fifth Circuit's decision in U.S. v. Trinity is the most recent addition to a remarkable run of appellate decisions affirming dismissal of False Claims Act cases on materiality grounds. Trinity, however, stands apart from the crowd in a number of ways, says Rebecca Martin of McDermott Will and Emery LLP.

  • Why Trade Secret Litigation Is On The Rise

    Jeffrey Mordaunt

    The insight we gathered from analyzing federal trade secret cases decided since 1990 paints a clear picture of the far-ranging effects that the Defend Trade Secrets Act, patent law and the changing labor landscape will have on trade secret litigation going forward, say Jeffrey Mordaunt and Joshua Swedlow of Stout Risius Ross LLC.

  • Embrace Holiday Volunteering With Caution, FLSA May Apply

    Shlomo Katz

    While bona fide volunteers are not within the Fair Labor Standards Act’s definition of "employee," the FLSA still poses challenges for employers as volunteering efforts increase around the holidays, says Shlomo Katz of Brown Rudnick LLP.

  • Being There: Defending Depositions

    Alan Hoffman

    Defending depositions is challenging. The lawyer is the only shield and protector for the witness and the client. The rules of engagement are less than clear, and fraught with ethical perils. Difficult judgment calls often must be made in the heat of battle. This is where lawyers really earn their keep, says Alan Hoffman of Husch Blackwell LLP.

  • 6 Ways Employees Can Breach An Employer’s Data Security

    Arthur Lambert

    Every day, companies' information is transmitted by employees on company-owned and personal electronic devices. While there are numerous technical things a company should do to protect its data, some items should be communicated to employees so they can help protect information and be more aware of the ways breaches can occur, says Arthur Lambert of Fisher Phillips.

  • How Employers Should Consider Impact Of Sex Harassment

    Harini Srinivasan

    In the wake of allegations detailing years of workplace sexual harassment perpetuated by Hollywood mogul Harvey Weinstein and other leading media personalities, employees, employers and the public alike have been forced to consider how enduring such abuse impacts women in the workplace, say attorneys at Katz Marshall & Banks LLP.

  • Opinion

    The Legal Fallout For Harvey Weinstein’s Hired Hands

    Nicole Kardell

    There is a difference between a lawyer or investigator seeking evidence to defend against allegations and correct misrepresentations, and, on the other hand, using duplicitous means to gather information and intimidate alleged victims and journalists. Client advocacy does not mean winning at all costs, says Nicole Kardell of Ifrah Law PLLC.

  • Cos. Should Note Guidance From Gov'ts On Human Rights

    Hannah Edmonds

    Recent legislative and courtroom developments in the U.K., the U.S. and further afield may have a significant impact on human rights compliance requirements for companies doing business internationally, say attorneys with Covington & Burlington LLP.

  • Visa Alternatives To Consider When H-1B Isn't An Option

    Andrew Greenfield

    Recently, a strong economy, coupled with a low unemployment rate for college-educated professionals has resulted in U.S. employers having just over a 30 percent chance of having their H-1B petitions selected for adjudication. Fortunately, there are alternatives employers can consider when they are unable to obtain the foreign professional resources they need, says Andrew Greenfield of Fragomen, Del Rey, Bernsen & Loewy LLP.