Employment

  • June 22, 2017

    4 Things Employers Must Know About NY's Family Leave Law

    As employers in New York prepare to start collecting payroll deductions funding the state’s new paid family leave law, experts warn the statute contains certain key differences from the federal Family and Medical Leave Act that could create confusion and cause compliance headaches. Here, Law360 examines four administrative challenges that may trip up employers.

  • June 22, 2017

    Burger King Wrongly Ditched Wage Activist, 8th Circ. Says

    A Burger King franchisee in Kansas City, Missouri, illegally refused to rehire an employee because he was a prominent member of Fight for $15, which advocates for increasing the minimum wages of fast-food workers, the Eighth Circuit ruled on Wednesday.

  • June 22, 2017

    Puerto Rico Court Shouldn't Hear Tax Row, Stakeholders Say

    The board overseeing Puerto Rico’s financial restructuring Wednesday united with bondholders and retirees to oppose moving a key dispute over sales tax revenue from federal court to the territory’s Supreme Court.

  • June 22, 2017

    Duty To Defend Doesn't Cover Counterclaims: Mass. Court

    The Massachusetts Supreme Judicial Court ruled Thursday that insurers don’t have to pay to prosecute their clients’ counterclaims under the duty to defend, even when the counterclaims are integral to a client’s case.

  • June 22, 2017

    Senate GOP Unveils ACA Repeal Bill

    Senate Republicans on Thursday unveiled draft legislation to scrap much of the Affordable Care Act, setting the stage for another make-or-break vote on the GOP repeal effort.

  • June 21, 2017

    LA Times Ex-Publisher, Editor Dodge Fired Cartoonist’s Suit

    A California judge on Wednesday dismissed a former Los Angeles Times publisher and three staffers from a fired cartoonist’s defamation suit, siding with the newspaper’s assertion that published pieces alleging inconsistencies in how the artist described a police encounter aren’t actionable under the First Amendment and state law.

  • June 21, 2017

    Details Emerge On Senate's ACA Repeal Bill

    A Republican bill in the U.S. Senate to repeal much of the Affordable Care Act would temporarily extend disputed cost-sharing reductions, sharply cut Medicaid and dial back premium assistance for private insurance, according to an outline of the legislation.

  • June 21, 2017

    Justice Sotomayor On The Power Of Dissent

    Justice Sonia Sotomayor discusses her views on writing dissents and the change she hopes they inspire in the law, in the second of two articles based on an exclusive interview with the 111th justice.

  • June 21, 2017

    Whistleblowers, MDL Plaintiffs Object To $32M SunEd Deal

    Two former SunEdison Inc. officers with pending whistleblower suits against the bankrupt solar energy giant and the lead plaintiffs in a Securities Act multidistrict litigation have asked the New York bankruptcy court overseeing the case for assurances that their suits won’t be affected by a recent $32 million settlement with unsecured creditors.

  • June 21, 2017

    Ex-Swisher Execs Convicted Of Securities Fraud Conspiracy

    Two former executives at dissolving cleaning company Swisher Hygiene Inc. were found guilty of conspiracy to commit securities fraud by a North Carolina federal judge Tuesday after a nearly three-week bench trial held earlier this year.

  • June 21, 2017

    Ex-Baseball Analyst Wins $1.5M Verdict Against MLB Network

    A onetime MLB Network Inc. broadcaster won a roughly $1.5 million verdict against the channel in New Jersey state court Tuesday over allegations he was wrongfully terminated in the wake of false media reports that he unleashed a profanity-laced tirade while coaching his son’s Little League team, his attorneys said.

  • June 21, 2017

    O'Hare Airport Workers Lose Class Cert. Bid In OT Suit

    Hourly workers at Chicago's O'Hare International Airport cannot be certified as a class, an Illinois federal judge ruled Wednesday, writing that the group of workers was too disparate to be considered one cohesive class.

  • June 21, 2017

    Tyson Doesn't Change UniTek Wage Rulings, 6th Circ. Says

    The Sixth Circuit ordered the District of Tennessee to revisit a $3.8 million damages calculation in an overtime collective action by UniTek cable installers on Wednesday but otherwise kept intact the workers’ class certification and post-trial wins in light of the U.S. Supreme Court’s Tyson ruling.

  • June 21, 2017

    Real Estate Rumors: Landesbank, YouTube, Rockrose

    Landesbank Baden-Württemberg has reportedly loaned $250 million for a Park Avenue property; YouTube is said to be eyeing 400,000 square feet of additional development at its Bay Area campus; and Rockrose Development is said to have recently leased out more than 27,000 square feet of space on Park Avenue.

  • June 21, 2017

    7th Circ. Says AutoZone Worker's Transfer Not Discrimination

    The Seventh Circuit upheld a lower court that threw out a U.S. Equal Employment Opportunity Commission case against AutoZone Inc., saying Tuesday that transferring a black employee out of a store serving a mostly Hispanic community did not rise to the level of unlawful discrimination.

  • June 21, 2017

    Philly Pub, Produce Stand To Pay $700K For OT Violations

    The U.S. Department of Labor announced Tuesday that it has entered into an agreement with a Philadelphia produce market and restaurant in Reading Terminal Market to settle allegations that the owners failed to pay the employees overtime.

  • June 21, 2017

    Ex-Marketer Joins Fox News' Sanctions Bid Against Ex-Talent

    A social media marketing pioneer joined Fox News Network LLC in moving for sanctions against former on-air personality Andrea Tantaros and her attorney in New York federal court Tuesday, accusing the pair of concocting false cyberstalking accusations to pressure him into accepting an “exorbitant” settlement.

  • June 21, 2017

    NLRB Loses Bid To Halt Machinist Union Exit

    A Kentucky federal judge on Tuesday shot down the National Labor Relations Board’s bid to stall an industrial parts manufacturer from ending its recognition of the union representing its workers until the union’s unfair labor practices claims play out in front of the board, saying the issue should be taken up with the board’s administrative law judge.

  • June 21, 2017

    NJ Medical Biz CEO Denied Coverage In Battle With Board

    The ousted CEO of a medical imaging company can’t seek coverage from the company’s insurer in a subsequent suit he brought against the company's board, a New Jersey appeals court ruled Wednesday, because coverage for that situation is explicitly barred by an “insured vs. insured” exclusion.

  • June 21, 2017

    Napoli Defamation Counterpunch In Bias Suit Fails On Appeal

    A New York appeals court on Tuesday turned down a request from famed New York plaintiffs lawyer Paul Napoli to add defamation counterclaims against an attorney suing him and his now-defunct firm, Napoli Bern Ripka Shkolnik LLP, for gender discrimination.

Expert Analysis

  • Escobar FCA Impact Clearer After A Year Of Interpretation

    Joshua Bolian

    In answering old False Claims Act questions, the U.S. Supreme Court's Escobar decision posed new ones about falsity and materiality. In the year since Escobar came down, lower courts have provided guidance, says Joshua Bolian of Robbins Russell Englert Orseck Untereiner & Sauber LLP.

  • Tips For Complying With ABA’s New Encryption Guidance

    Nick Holda

    Last month, the American Bar Association published revised guidance regarding an attorney’s duty to protect sensitive client material in light of recent high-profile hacks. The first step in compliance is understanding how your data is being stored and accessed. There are three key questions you should ask your firm’s information technology staff and/or external solution vendors, says Nick Holda of PreVeil.

  • Series

    My Strangest Day In Court: When I Did Nothing And Won

    Mark Morris

    After looking at all of the factual nuances associated with proving a constructive trust, I hit upon a strategy that I had never used before — namely, do nothing, say nothing and hope the IRS fails in its proof, recalls Mark Morris of Snell & Wilmer LLP.

  • 2 New Cases Highlight Scrutiny Of Univ. Retirement Plans

    Mark Brossman

    To date, there have been 12 proposed class actions brought against major universities with regard to their employee benefit plans. Recently, federal district courts in Georgia and North Carolina have issued two decisions on motions to dismiss, allowing many of the claims to proceed, say attorneys with Schulte Roth & Zabel LLP.

  • OSHA's Multiemployer Citation Policy: A Changing Landscape

    Michael Abcarian

    The Occupational Safety and Health Review Commission's recent decision in Secretary of Labor v. Hensel Phelps Construction has immediate implications for construction employers in Texas, Louisiana and Mississippi, and could preview a split among federal circuit courts regarding the secretary of labor’s enforcement powers under the Occupational Safety and Health Act, says Michael Abcarian of Fisher Phillips.

  • Bathroom Access Case Shows Need For High Court Review

    Bryan Jacoutot

    The issues addressed in the Seventh Circuit's recent decision in Whitaker v. Kenosha Unified School District are complex and will doubtless require more thorough analysis at the U.S. Supreme Court level. That said, the Seventh Circuit has laid the groundwork for the case transgender advocates will make going forward, says Bryan Jacoutot of Taylor English Duma LLP.

  • Weekly Column

    Innovating For Wise Juries: Preliminary Instructions

    Richard Lorren Jolly

    One of the easiest ways to improve civil jury trials is to give juries substantive instructions on the law at the beginning of the trial rather than at its conclusion. It is also one of the most popular proposals we are recommending, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Opinion

    Comey Testimony Shows Value Of Whistleblower Protections

    Jason Zuckerman

    To make America great again, the president should abandon the "Rambo" litigation tactics that apparently served him well in New York real estate disputes, and instead view whistleblowers as allies, not enemies, says Jason Zuckerman of Zuckerman Law.

  • Due Diligence From The Lateral Partner’s Perspective

    Howard Flack

    Lateral candidates looking to make the last — or perhaps only — move of their career cannot afford to just stand by and let a law firm’s vetting process unfold on its own, says Howard Flack, a partner at Volta Talent Strategies who previously led lateral partner recruiting and integration at Hogan Lovells.

  • Why Proper Disclosure Of Executive Perks Is Important

    Jeffrey Stein

    The U.S. Securities and Exchange Commission’s action against MDC Partners and former CEO Miles S. Nadal for failure to properly disclose executive compensation may not be MDC’s or Nadal’s only legal problem. They may also face scrutiny of the tax authorities, say attorneys with King & Spalding LLP.