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Employment

  • October 17, 2018

    American Univ. Hit With $1.3M Jury Award Over Bias Claims

    A former American University professor has been awarded more than $1.3 million by a D.C. Superior Court jury for her claims that the school discriminated against her by denying her tenure based on her age.

  • October 17, 2018

    Ex-Ernst & Young Manager Must Arbitrate Bias Claims

    A former Ernst & Young manager who said the firm violated federal and state discrimination laws by firing him after he sought leave following the birth of his child must pursue his claims in arbitration, not court, a Pennsylvania federal judge has ruled.

  • October 17, 2018

    DOL's Joint Employer Plan Highlights New Regulatory Agenda

    The U.S. Department of Labor is readying a rule to clarify when two businesses are joint employers under federal wage law, according to a Wednesday update to the Trump administration’s regulatory road map that also includes delays to rules on overtime and workplace wellness programs.

  • October 17, 2018

    Mass. MD Says FCA Case Over Surgeries Should Advance

    A former anesthesiologist at Massachusetts General Hospital defended her second shot at a False Claims Act suit Tuesday, saying a federal court should hear the case because she has now provided evidence to show the hospital may have overbilled Medicare and Medicaid for time patients spent in surgery without a teaching physician in the room.

  • October 17, 2018

    NFL Says Hernandez's Family Can't Remand Concussion Case

    Counsel for Aaron Hernandez’s daughter and the NFL traded barbs Tuesday over whether her suit — which alleges the league contributed to the debilitating brain damage that led to her father’s violent death by lying about the dangers of concussions for decades — belongs in Pennsylvania federal court or Massachusetts state court.

  • October 17, 2018

    Truckers Tell High Court State Taxes Threaten Deregulation

    Trucking carriers in Washington state have said the U.S. Supreme Court needs to hear a trio of cases to preserve federal trucking deregulation or states will continue to pass employment laws undermining the carriers.

  • October 17, 2018

    Jenny Craig Can't Force Ex-Worker To Arbitrate Age Bias Row

    A New Jersey appeals court on Wednesday reversed a lower court ruling that forced a former Jenny Craig worker to arbitrate her age discrimination claims against the weight loss company, finding that the agreement is invalid because it did not specify the forum or process for arbitration.

  • October 17, 2018

    Sultzer Law Adds 2 Class Action Pros From Wolf Haldenstein

    The Sultzer Law Group has nabbed two Wolf Haldenstein Adler Freeman & Herz LLP partners to bolster its New York City offerings with their extensive experience litigating class actions in areas such as product liability, cybersecurity and privacy, antitrust, employment and securities, the firm said Tuesday.

  • October 17, 2018

    Au Pair Agencies Say Feds' Brief Dooms Wage Claims

    Au pair sponsoring agencies gearing up for trial over allegations in a collective action they colluded to set low pay rates told a Colorado federal court Tuesday that a recent U.S. government filing in a related case debunks the former au pairs' central theory that the weekly stipend is illegally low.

  • October 16, 2018

    Viacom Is 2nd Co. To Sue Netflix With Exec. Poaching Claims

    Viacom Inc. has sued Netflix in Los Angeles Superior Court, claiming the entertainment streaming giant illegally recruits key employees away from other companies — including a former Viacom TV production executive — an allegation also made by Twentieth Century Fox in separate ongoing litigation.

  • October 16, 2018

    Interim USA Gymnastics Prez Mary Bono Resigns

    Former Rep. Mary Bono, R-Calif., who also worked as a lobbyist at Faegre Baker Daniels LLP, resigned as interim president and CEO of USA Gymnastics after just four days following an outcry over her controversial tweets and the firm's perceived role in helping USAG cover up its massive sexual abuse scandal.

  • October 16, 2018

    Ex-Madison Square Garden Interns Get $5K In Wage Suit

    A New York federal judge Tuesday signed off on a more than $5,400 settlement for former Madison Square Garden interns claiming they weren’t paid the wages they were legally owed and $50,000 in fees for their attorneys.

  • October 16, 2018

    Ex-King & Spalding Atty Fights Lien In Termination Suit

    A former King & Spalding LLP associate is fighting the recent ruling of a New York federal magistrate judge that his “hostility and threats” toward the law firm that represented him in his wrongful termination suit gave the firm good cause to back out of the suit and entitled it to a claim on any winnings collected by its former client.

  • October 16, 2018

    5M Walmart Workers Want Cert. In Background Check Suit

    A proposed class of five million Walmart applicants and employees have pressed a California federal judge for certification in a suit accusing the retail giant of adding extraneous material to background check notices it issued to applicants and new hires in violation of the Fair Credit Reporting Act. 

  • October 16, 2018

    NLRB Puts Out Quartet Of Obama GC's Advice Memos

    The National Labor Relations Board general counsel’s office put out a series of Obama-era opinions Monday on hot-button labor issues including dress codes, workplace video recordings and strike replacements. 

  • October 16, 2018

    Berkeley Prof Can't Avoid Harassment Settlement, Judge Told

    A former researcher for a renowned American philosopher at University of California, Berkeley urged a California judge Tuesday to enforce their confidential settlement resolving her sexual harassment suit, arguing that the professor can't get out of the contract just because the University of California Board of Regents might not back the deal.

  • October 16, 2018

    Top Labor Dept. Atty Decamps For Morgan Lewis in DC

    A high-level attorney for the U.S. Department of Labor who oversaw legal work done for numerous national department programs has left the agency to join Morgan Lewis & Bockius LLP, the firm announced Tuesday.

  • October 16, 2018

    Apple Dodges False Claims Suit Over B-1 Visas, For Now

    A California federal judge on Tuesday tossed with leave to amend a whistleblower’s False Claims Act lawsuit claiming Apple Inc. and the Indian company Infosys Technologies violated immigration laws by recruiting two Indian nationals with B-1 visas to conduct training sessions instead of obtaining the more expensive H1-B visas.

  • October 16, 2018

    Trump's Rulemaking Agenda Aims To Cut $18B In Costs

    President Donald Trump's administration is set to launch another round of regulatory actions aimed at what it claims will cut costs for private industry across the country, previewing the fall unified agenda meant to cut an estimated $18 billion in costs from the marketplace that is set to be released Wednesday.

  • October 16, 2018

    Justices Asked If Sanctions Can Cover Presuit Actions

    A whistleblower has asked the U.S. Supreme Court to consider whether federal courts can impose sanctions for behavior that happened before a suit was filed, saying a Tenth Circuit decision upholding sanctions against him created a circuit split.

Expert Analysis

  • Avoid Overlap In Trade Secret And Misappropriation Claims

    Mareesa Frederick

    As highlighted in the Federal Circuit's recent decision in Texas Advanced v. Renesas, plaintiffs hoping to assert trade secret misappropriation and patent infringement claims in the same lawsuit must craft damage theories carefully to avoid running afoul of the prohibition against double recovery, say attorneys at Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Kavanaugh Cannot Be Compelled To Recuse Himself

    Donald Scarinci

    Whether Justice Brett Kavanaugh’s prior statements may be grounds for disqualification when it comes to judging certain cases is debatable, but there are no specific recusal guidelines for the U.S. Supreme Court. The justices themselves don’t even agree on where to draw the line when it comes to perceived political bias, says Donald Scarinci, a founding partner of Scarinci Hollenbeck LLC.

  • What Jurors Think Of #MeToo: A Snapshot

    Dan Gallipeau

    Recently, we began examining the attitudes of potential jurors on the #MeToo movement and related issues. This article shares some of our preliminary survey findings, which are on point with issues we all see daily in the media, says Dan Gallipeau of Dispute Dynamics Inc.

  • Justices Will Side With Federal Retirees In W.Va. Tax Case

    Edward Zelinsky

    The U.S. Supreme Court will decide this term whether the state of West Virginia can tax a federal employee's retirement income if the retirement income of certain state retirees is entirely tax exempt. Professor Edward Zelinsky of Cardozo School of Law predicts the high court will hold that state and federal retirees must be granted the same exemptions.

  • Knowledge Management: An Unsung Hero Of Legal Innovation

    Rob MacAdam

    As technology evolves, law firms are increasingly looking for ways to improve communication, transparency and service for their clients. Firms should put knowledge management at the core of their value proposition to create a competitive advantage, says Rob MacAdam at HighQ.

  • Defamation In Litigation: A Primer On Privileges In NY

    Jonathan Bloom

    Under New York law, statements made in court and other litigation-related communications are, in most cases, privileged. But these privileges have limits, and it behooves litigants — particularly those inclined to speak publicly about their cases — to be aware of them, says Jonathan Bloom of Weil Gotshal & Manges LLP.

  • Why Janus Should Make Public Employers Think Twice

    Daniel Altchek

    In Palardy v. Township of Millburn, the Third Circuit recently held that public employee union membership and activity is protected under the First Amendment. However, it did not address how the U.S. Supreme Court's Janus ruling may have already signaled a resolution of the circuit split on this issue, says Daniel Altchek of Miles & Stockbridge PC.

  • Autonomous Ships: Coming Soon To A Port Near You

    Micah Dawson

    With almost 75 percent of marine liability losses being a result of human error, companies are increasingly interested in the development of autonomous ships. While fully autonomous vessels could offer a competitive advantage by allowing elimination of shipboard crew, hiring and training of capable shoreside support staff will be essential, says Micah Dawson of Fisher Phillips LLP.

  • Do Facebook's Targeted Job Ads Violate Title VII?

    Kristen Sinisi

    For the past 50 years, Title VII issues related to classified employment ads arranged by sex remained relatively well-settled. However, U.S. Equal Employment Opportunity Commission charges against Facebook’s targeted advertising platform recently resurrected them, says Kristen Sinisi of Bernabei & Kabat PLLC.

  • IRS Notice Does Not Jeopardize Exec Comp Grandfather

    Rosina Barker

    The recently issued IRS Notice 2018-68 has triggered concern that the employer’s negative discretion to reduce or cancel amounts payable under an executive compensation award defeats the grandfather protection for awards created by the Tax Cuts and Jobs Act. We believe this concern is off the mark, say attorneys at Morgan Lewis & Bockius LLP.