Employment

  • May 23, 2017

    Mass. High Court Limits Anti-SLAPP Law

    In a win for defamation plaintiffs, the Massachusetts Supreme Judicial Court on Tuesday outlined new ways to get around the state’s law that protects people from anti-First Amendment lawsuits.

  • May 23, 2017

    Insurer Says College Football Concussion MDL Not Covered

    Great American Assurance Co. asked a Texas court Monday to rule that the company doesn’t have to defend a National Collegiate Athletic Association conference against football concussion multidistrict litigation, saying the policy doesn’t cover football and that concussions are an “expected” injury on the gridiron.

  • May 23, 2017

    10th Circ. Tosses Bid To Review Lung Benefit Award Decision

    A Tenth Circuit panel on Tuesday denied a petition from Energy West Mining Co. to review a decision backing a Black Lung Benefits Act award given to a veteran miner who developed a respiratory disease, saying an administrative law judge didn’t err in considering the opinion of a doctor who said the miner’s work caused his sickness.

  • May 23, 2017

    Houston Chef Says Restaurant's Noncompete Unenforceable

    A former executive chef at an upscale Houston seafood restaurant has filed a suit accusing his ex-employer of not letting him out of an unenforceable noncompete agreement after turning the venue into a Tex-Mex eatery.

  • May 23, 2017

    Nike Retail Fights Remand Bid In Calif. Wage Dispute

    Nike Retail Services Inc. urged a California federal judge to reject a worker's bid to remand class allegations that Nike took money from employee paychecks to cover required uniforms, arguing Monday that the worker has not proven that under $5 million is in controversy.

  • May 23, 2017

    La. Judge Doesn't See Bias In FINRA Panel's Arbitration

    A Louisiana federal judge upheld on Monday a Financial Industry Regulatory Authority arbitration panel’s decision clearing a financial services provider of liability for $80 million in damages sought by a group of Ponzi scheme victims who later claimed that the panel hadn’t given them a fair hearing.

  • May 23, 2017

    Some ConEd Bias Claims Should Proceed, Judge Says

    A New York federal magistrate judge on Monday said the entirety of a ConEd employee’s discrimination and retaliation suit against the company shouldn’t be tossed, recommending instead that the weighty suit be trimmed.

  • May 23, 2017

    Labaton Sucharow Adds 3 To SEC Whistleblower Practice

    Labaton Sucharow LLP has increased its Securities and Exchange Commission whistleblower practice from one partner to four with the addition, announced Tuesday, of three former SEC and Department of Justice officials.

  • May 23, 2017

    Former Lockheed Workers Claim Retaliation In FCA Suit

    A pair of former Lockheed Martin Corp. workers on Friday continued to accuse the company of discrimination, this time with a Louisiana federal court retaliation lawsuit claiming they were fired for reporting allegedly fraudulent billing activity under a NASA contract in violation of the False Claims Act.

  • May 22, 2017

    Texas ‘Gentlemen’s’ Club Suit Blasts Raid Over Latex-Wear

    An El Paso “gentlemen’s club” sued the Texas Department of Public Safety on Monday in federal court, alleging that law enforcement officers stormed the venue to see if the club and its latex-wearing dancers were trying to skirt state taxes imposed on nude entertainment.

  • May 22, 2017

    CFTC Says Rule Changes Will Improve Whistleblower Program

    The U.S. Commodity Futures Trading Commission approved changes to its whistleblower award program on Monday to prevent confidentiality agreements from getting in the way of tips, to give tippers more time to seek a reward, and to make more information eligible for more payouts.

  • May 22, 2017

    Fla. Judge Won't Expand Design Co. Age Bias Class

    A Florida federal judge Monday refused to expand the scope of a five-person class of former RS&H Inc. employees she conditionally certified in an age bias suit to nearly two dozen, saying her initial determination of the class’ size was correct.

  • May 22, 2017

    NJ Accused Of Racial Bias In Denying Deputy AG Promotions

    The state of New Jersey has been hit with a discrimination lawsuit in state court from three current and former deputy attorneys general alleging that, because they are African-American, they were denied promotions within a culture of “institutional racism."

  • May 22, 2017

    Chevron Says Contractor Stole 8,000 Permian Basin Docs

    Chevron USA Inc. asked a Texas federal judge Monday to prevent an ex-contractor, who it says stole over 8,000 private documents, from further disseminating the confidential and proprietary Permian Basin investment information, but said the rest of the lawsuit will be handled via alternative dispute resolution forums.

  • May 22, 2017

    Fee Deal Need Not Explain Joint Financial Duty: Ill. Justices

    A fee-sharing deal between a Chicago personal injury firm and another lawyer is enforceable despite a failure to expressly state that both sides had a financial responsibility for the workers' compensation cases, the Illinois Supreme Court has ruled.

  • May 22, 2017

    How To Draft A Noncompete That Won’t Irk Workers, Courts

    Poorly crafted noncompete agreements can be equally frustrating for employers and employees, but they don't have to be a headache, experts say. Here, specialists provide tips for employers and practitioners that can help keep personnel and intellectual assets secure and workplace morale high.

  • May 22, 2017

    Trade Secrets Suit Based On Forged Letter, Pharma Co. Says

    Sonoma Pharmaceuticals Inc. relied on a forged letter to bring a trade secrets suit against new rival Collidion Inc., so the suit should be tossed and Sonoma should be sanctioned, Collidion told a California federal judge Friday.

  • May 22, 2017

    WADA Atty Can Testify In Singh's Deer Antler Spray Case

    A lawsuit by former top-ranked golfer Vijay Singh against PGA Tour Inc. for suspending him for use of deer antler spray hit a snag last week as a New York state judge tossed part of his expert evidence and denied his bid to keep the Bryan Cave LLP attorney who drafted the tour’s anti-doping policy from testifying.

  • May 22, 2017

    Rupari $1.4M Bonus Plan Draws Trustee, Agent Objections

     A proposed employee bonus program floated by Rupari Food Services Inc. drew objection Monday in Delaware from the agent under a prepetition secured credit facility and the United States Trustee over the funding source of the bonuses and the criteria used to award them.

  • May 22, 2017

    9th Circ. Says Union's Split Of American Airlines Equity OK

    The Ninth Circuit on Monday found that the Transport Workers Union of America hadn’t acted in bad faith when it cut out certain retirees from equity payments it received in an airline bankruptcy settlement, concluding the union hadn’t breached its duty of fair representation of its members.

Expert Analysis

  • Nonsolicitation Agreements In The Social Media Age

    James Patton Jr.

    As social media continues to expand, the legal issues that inevitably follow growth have begun to arise, and courts have found themselves struggling to adapt. One new challenge facing employers, employees and courts is the effect of social media on the traditional nonsolicitation agreement, say James Patton Jr. and Tae Phillips of Ogletree Deakins Nash Smoak & Stewart PC.

  • 5 Things To Know About Justice Gorsuch’s First 30 Days

    Charles Webber

    Justice Neil Gorsuch joined the U.S. Supreme Court a little more than 30 days ago, on April 7, 2017. And while it is too early for him to have written any opinions, Gorsuch participated in the final 13 oral arguments of the 2016 term. Charles Webber of Faegre Baker Daniels LLP offers five takeaways from his first month on the job.

  • Navigating Pay Rules For Commissioned Calif. Employees

    Brian Kabateck

    In the past several months, a California appellate court and state Supreme Court have added two important decisions to the landscape of wage and hour laws concerning employees’ rest breaks. While the two opinions don’t necessarily overlap, you can’t really capture the current rest-break picture without both, say Brian Kabateck and Cheryl Kenner of Kabateck Brown Kellner LLP.

  • 5 Mistakes That End Law Firms

    Randy Evans

    Although the end often comes quickly, law firms do not fail overnight. Randy Evans of Dentons and Elizabeth Whitney of Swiss Re Corporate Solutions review five mistakes that expedite law firm failures.

  • A Potentially Far-Reaching Impact For NYC Freelance Law

    Gabrielle Levin

    The protections in New York City’s “Freelance Isn’t Free Act” have been described as “the first of their kind in the country,” and may be a harbinger of what’s to come. As national attention on the gig economy intensifies, we anticipate similar laws in other jurisdictions, say attorneys with Gibson Dunn & Crutcher LLP.

  • Questioning ERISA Statutory Violations At 6th Circ.

    Todd Wozniak

    The Sixth Circuit's recent decision in Hitchcock v. Cumberland University will likely drive further disputes over whether an Employee Retirement Income Security Act claim is truly an assertion of a statutory right. Employers can expect plaintiffs to attempt to frame more claims as statutory violations in an effort to avoid administrative review, say Todd Wozniak and Jack Gearan of Greenberg Traurig LLP.

  • Employer Cybersecurity Measures For Trade Secret Protection

    Excerpt from Lexis Practice Advisor
    Kevin Cloutier

    Establishing and maintaining formalized workplace cybersecurity programs can help minimize the risk of trade secret misappropriation by reducing opportunities for unauthorized parties to gain access to an employer’s networks, computers and data. Attorneys with Sheppard Mullin Richter & Hampton LLP offer guidance on cybersecurity measures available to employers to protect their confidential information and trade secrets.

  • Understanding Privilege In UK Internal Investigations

    Roger Burlingame

    Last year, the English High Court further whittled away the U.K.'s privilege protection in the RBS Rights Issue Litigation. U.S. attorneys conducting internal investigations in the U.K. should know that familiar U.S. privilege protections may not apply, say Roger Burlingame and Rachel Goldstein of Kobre & Kim LLP.

  • Trump's Tax Plan And 401(k)s: What’s Old Could Be New Again

    Sharon Lippett

    If the Trump administration's 2017 tax proposal includes provisions relating to defined contribution retirement plans sponsored by private employers, such as 401(k) plans, the impact will be felt by employers and investment managers, as well as by plan participants, says Sharon Lippett of Epstein Becker Green.

  • Employers Continue To Wrestle With Wellness Programs

    Jennifer Matthews

    In an attempt to alleviate some of the confusion surrounding employer wellness programs, the U.S. Equal Employment Opportunity Commission issued final rules regarding wellness programs last May. However, since that time a number of lawsuits have arisen that disagree on the interpretation of these new rules, says Jennifer Matthews of Trucker Huss APC.