Employment

  • December 11, 2017

    High Court Won't Decide If Title VII Bars Anti-Gay Bias

    The U.S. Supreme Court on Monday declined to review an Eleventh Circuit ruling affirming dismissal of a lesbian security guard’s allegations that a Georgia hospital violated Title VII by effectively firing her over her sexuality, leaving in place a circuit split over whether federal law bars discrimination against gay workers.

  • December 8, 2017

    The Law Firms Of The 2017 MVPs

    Law360's MVP award goes to attorneys who have distinguished themselves from their peers in litigation, deals and other complex matters. Find the MVPs at your firm here.

  • December 8, 2017

    Law360 MVP Awards Go To Top Attorneys From 78 Firms

    The elite slate of attorneys chosen as Law360’s 2017 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.

  • December 8, 2017

    Cancer Center In Ch. 11 To Shell Out $26M In FCA Deal

    21st Century Oncology LLC has agreed to pay $26 million to settle allegations that it violated the False Claims Act and Stark Law by paying off physicians who referred patients, according to an agreement recently filed in New York bankruptcy court.

  • December 8, 2017

    FTC Wants In On Oral Args Over Seattle's Uber Union Law

    The Federal Trade Commission asked the Ninth Circuit on Thursday to allow the agency to participate in oral arguments in a challenge to Seattle's ordinance allowing Uber and Lyft drivers to unionize, saying the law runs afoul of the so-called state action doctrine and could lead to too many antitrust exemptions.

  • December 8, 2017

    DC Circ. Doesn't Think Treasury Must Provide Privileged Docs

    The D.C. Circuit on Friday remanded back to district court an order that the U.S. Department of the Treasury must turn over evidence related to decisions it made in General Motors’ 2009 bankruptcy for a related pension plan dispute, saying the lower court had not explained why a privilege claim by the White House should be disregarded. 

  • December 8, 2017

    Waymo, Uber Won't Agree to Back Special Master's Findings

    Neither Waymo nor Uber will agree to a California federal judge's request that they not challenge a special master's findings in a dispute over a letter sent to Uber's lawyers, the companies said in separate Thursday filings in Waymo's broader case over Uber's alleged theft of self-driving car trade secrets.

  • December 8, 2017

    DC Metro's $6.5M Discrimination Deal Scores Early OK

    A D.C. federal judge on Thursday gave preliminary approval to a $6.5 million settlement in a certified class action alleging Metrorail’s criminal background check policy disproportionately discriminated against African-Americans.

  • December 8, 2017

    Prudential Denied Quick Win In Beneficiaries' ERISA Suit

    A Pennsylvania federal judge issued a mixed ruling in a suit accusing Prudential Insurance Co. of violating the Employee Retirement Income Security Act, granting the beneficiaries a win on their breach of fiduciary duty claim but throwing out state law claims and leaving the alleged ERISA violation up to a jury.

  • December 8, 2017

    Trustee Balks At Sporting Goods Co.'s Ch. 11 Bonus Plan

    The U.S. trustee objected Friday to the proposed key employee incentive and retention plans filed by bankrupt athletic equipment distributor Maurice Sporting Goods Inc., telling the Delaware bankruptcy court the documents describing the bonuses don’t provide enough information about who will be getting paid and how much.

  • December 8, 2017

    Harrah's Can't Use Tribe's Immunity, Ex-Casino Worker Says

    A man who worked at a pair of North Carolina tribal casinos urged a federal judge Thursday not to toss his proposed class and collective action alleging that employees weren’t paid for all the time they worked, saying the casino operator can’t shake the suit by claiming the tribe has sovereign immunity.

  • December 8, 2017

    Calif. Justices Urged To Undo Cup Maker's Win In OT Fight

    A former Dart Container Corp. employee asked the California Supreme Court on Thursday to overturn a decision that quashed his overtime case against the foam cup maker, claiming Dart's win conflicted with years of precedent holding that the Golden State has its own method of calculating overtime on flat-rate bonuses that's distinct from federal law.

  • December 8, 2017

    Hearst Interns Not Employees, 2nd Circ. Rules

    A group of Hearst Corp. interns can’t revive their proposed class action seeking minimum wages because they don’t qualify as employees under the Fair Labor Standards Act, the Second Circuit ruled Friday.

  • December 8, 2017

    Strip Club Stonewalling Wage Suit, Dancer Says

    The exotic dancer behind a proposed class action that alleged Penthouse Club Philadelphia misclassifies its dancers as independent contractors and has denied them wages asked a Pennsylvania federal court Thursday to sanction the club, saying it hasn't responded to her requests for evidence.

  • December 7, 2017

    Statoil's Claims Against Ex-Exec Headed For Arbitration

    A Texas federal judge held Wednesday that Statoil must arbitrate its claims that a former executive for one of its units schemed to steal trade secrets, but rejected his efforts to force the subsidiary into arbitration and to convince the court that an arbitration agreement he signed applies to nonsignatories.

  • December 7, 2017

    Fujitsu Agrees To $14M Deal Over Excessive Investment Fees

    Fujitsu has agreed to pay $14 million to end a nearly $150 million proposed class action alleging it paid more in fees to invest the retirement funds of nearly 23,000 current and former workers than it needed to, the workers told a California federal judge on Wednesday.

  • December 7, 2017

    'Bada Bing' Gets Bada Busted In NJ Liquor License Fight

    The owner of a New Jersey strip club that stood in for the "Bada Bing" on "The Sopranos" got an offer he couldn’t refuse from the Garden State’s attorney general Thursday when he was ordered to stop live entertainment at clubs his family owns after violating an earlier consent order.

  • December 7, 2017

    Justices See An Out In Masterpiece Case. Will They Use It?

    During Tuesday’s hearing in a blockbuster LGBT rights case, the Supreme Court hinted at a way out of the dispute without having to create new law on whether religious business owners can deny certain services to same-sex weddings. But court watchers aren’t sure they’ll take it.

  • December 7, 2017

    Fed. Court Has Jurisdiction In NYT Severance Row With Union

    A New York federal judge on Thursday rejected a contention by the National Labor Relations Board and a union that he can’t decide whether certain former employees of a New York Times subsidiary are eligible for benefits under a buyout plan, saying the court has several bases for jurisdiction over the case.

  • December 7, 2017

    High Court Asked To Review Rail Stock-Options Tax Case

    The government Wednesday asked the U.S. Supreme Court to review a Seventh Circuit decision finding income from stock options provided to employees of a Canadian railroad company to be taxable compensation. The U.S. said a circuit split over the issue needed to be resolved.

Expert Analysis

  • 5 Things US Cos. Should Know About Labor Reform In France

    Severine Martel

    The French government recently unveiled administrative orders setting out details of the reform aiming to revise French employment law. Now, with 2018 upon us, U.S. companies operating businesses in France need to be prepared for the implementation of those changes, say Severine Martel and Marie Brunot of Reed Smith LLP.

  • Opinion

    Trump's Contraception Rules Suffer From Fatal Legal Flaws

    Nancy Northup

    As the comment period comes to a close Tuesday for the Trump administration’s interim final rules on contraception, the administration will start preparing final regulations — risking access to birth control coverage under the Affordable Care Act for thousands of women, says Nancy Northup, CEO of the Center for Reproductive Rights.

  • Trump’s 'Buy American' Order Already Packs A Punch

    Howard Roth

    The secretary of commerce report on the "Buy American and Hire American" executive order was due at the White House on Nov. 24. Though the report is not yet public, it is in the foreground of the debate on legislative and regulatory actions, and it is changing the landscape for many organizations, says Howard Roth of Oles Morrison Rinker & Baker LLP.

  • The Derivative Risks Of Sexual Misconduct Allegations

    Kevin LaCroix

    The recent derivative lawsuit against Twenty-First Century Fox and its $90 million settlement — likely among the 10 largest derivative settlements — show that the current, ongoing revelations of sexual misconduct represent more than just a risk for the bad actors, says Kevin LaCroix of RT ProExec.

  • 6 New Calif. Employment Laws To Know In 2018

    Julia Trankiem

    The past several years have been particularly active in the California Legislature, in both creating new rights and responsibilities under state employment law and amending and expanding existing workplace mandates. The 2017 legislative session was no different, and brought about some considerable changes that will dramatically affect many employers’ practices, say attorneys with Reed Smith LLP.

  • The Billing Evolution: How Far Along Is Your Firm?

    Sharon Quaintance

    In a recent study, 20 out of 25 law firms surveyed have made billing process improvement a top priority for 2018. Firms can foster consistency and increase efficiency at all stages of their billing cycle by focusing on a few specific procedures, say Sharon Quaintance and Christine Indiano at HBR Consulting.

  • Series

    What I Learned In My 1st Year: Seeing The Big Picture

    John Bartlett.jpg

    When I started at the law firm where I still practice today, I discovered that very often the task at hand required not my razor-sharp analysis of the law, but my ability to read the motivations and meet the needs and expectations of actual human beings — whether through intellect, instinct, intuition or personal experience, says John Bartlett of Stites & Harbison PLLC.

  • Avoiding A Liability-Induced Holiday Party Hangover

    Christine Samsel

    Office holiday parties can boost employee morale and demonstrate employee appreciation. However, there are inherent risks that come with any company-sponsored party, particularly during the holidays and when inhibitions are lowered with alcohol and a festive atmosphere, say Christine Samsel and Hannah Caplan of Brownstein Hyatt Farber Schreck LLP.

  • Insights On Article III Standing Under Ill. Biometrics Law

    Molly DiRago

    Last week the Second Circuit, in Santana v. Take-Two Interactive Software, affirmed the lower court’s decision that the plaintiffs lacked Article III standing to assert a claim under Illinois’ Biometric Information Protection Act, creating an apparent divide between plaintiffs who have voluntarily provided their biometric data and those who have not, say Molly DiRago and Mark Mao of Troutman Sanders LLP.

  • 10 Tips For Effective Practice Before The 5th Circ.

    Justin Woodard

    The Fifth Circuit is among the busiest federal circuit courts in the country. What can you do to increase your chances of reaching oral argument? And if given the opportunity, how can you present a persuasive argument? Former Fifth Circuit clerk Justin Woodard, an associate at Jones Walker LLP, shares some advice.