• March 15, 2018

    Walmart Skewed Sales To Outdo Amazon, Ex-Exec Claims

    A former Walmart executive hit the retail giant with a whistleblower lawsuit in California federal court Thursday, claiming he was wrongfully fired after he challenged its business practices and complained that it was painting a misleading picture of its e-commerce growth in trying to outcompete Amazon.com Inc.

  • March 15, 2018

    NLRB Employee Union Criticizes Proposed Agency Changes

    A union representing National Labor Relations Board workers told general counsel Peter Robb that proposed changes to case processing procedures and to the regional office system would undermine the agency’s mission and make it harder for unfair labor practice charges to be properly investigated, according to a letter made public Thursday.

  • March 15, 2018

    Toys R Us Creditors Fear Wind-Down Uncertainties

    The abrupt acknowledgement by Toys R Us that it will wind down operations and liquidate inventory at more than 700 stores in the U.S. was met with a wave of concerns Thursday, as creditors' attorneys said they hope for a transparent process that maximizes stakeholder returns.

  • March 15, 2018

    Long-Running L-3, Serco Subcontract Dispute Tossed

    L-3 Technologies failed to establish that it had any contractual or business expectation of work from Serco Inc., accused of orchestrating an $80 million scheme to cut L-3 out of the loop on an Air Force subcontract, a Virginia federal judge ruled Thursday.

  • March 15, 2018

    Workers Win 'Tolling' Ruling In Del. 3rd Circuit Query

    In a partial win for banana plantation workers pursuing a pesticide class injury claim, Delaware's Supreme Court told the Third Circuit on Thursday that statute of limitation pauses in multijurisdiction disputes end only after a clear denial of class status.

  • March 15, 2018

    2nd Circ. Wipes Out Aluminum Co. Union Bargaining Order

    The Second Circuit on Thursday reversed part of a 2016 National Labor Relations Board order forcing an aluminum company to negotiate with a union that lost a 2014 election, saying the company may have illegally influenced the vote, but it was too much for the board to presume the workers wanted a union after so much time.

  • March 15, 2018

    NLRB Targets Oct. 1 For Proposed Restructuring

    The National Labor Relations Board hopes to implement by Oct. 1 a proposed restructuring that would place more central oversight over the agency’s regional leaders, according to a Wednesday memorandum from General Counsel Peter Robb that also discusses litigation data and policies teed up for review.

  • March 15, 2018

    Grocers Can't Condition Info On Union Waivers: NLRB Judge

    A grocery store chain violated federal labor law by telling a group of Pennsylvania workers during a union campaign it would only reveal forthcoming wage and benefit changes if they agreed to waive a union’s power to file charges over the disclosure, a National Labor Relations Board judge ruled Wednesday.

  • March 15, 2018

    Alston & Bird Nabs DLA Piper Litigation Team In LA

    Alston & Bird has hired a team of DLA Piper attorneys who are experienced in high-stakes commercial litigation in the employment and real estate arenas, as well as helping high-profile corporate clients like The Coca-Cola Co. fight consumer class actions, Alston & Bird said Wednesday.

  • March 15, 2018

    Abbott Says Ex-Employee Should Pay For Dismissed FCA Suit

    Abbott Laboratories Inc. on Thursday asked a Massachusetts federal judge to send its legal bill to an ex-employee who brought back a previously dismissed False Claims Act lawsuit with claims the pharmaceutical company says were already thrown out.

  • March 15, 2018

    Ex-Boston Top Cop Backs Hair Drug Test To Screen Officers

    The former commissioner of the Boston Police Department told a Massachusetts federal judge in a long-running trial Thursday that he believed a drug test using hair samples was a valid means of screening officers, but acknowledged concern about a racial disparity in the results.

  • March 14, 2018

    Pa. Bridge Contractor Charged With Deadly OSHA Violation

    A Pennsylvania company specializing in bridge rehabilitation was charged Tuesday with violating federal work safety regulations, leading to the death of an employee working in a trench that caved in and crushed him.

  • March 14, 2018

    Senate Committee Moves NLRB Closer To Republican Majority

    Republicans on the Senate’s labor committee on Wednesday advanced the nomination of veteran Morgan Lewis & Bockius LLP attorney John Ring for the lone vacancy on the National Labor Relations Board, moving it one step closer to reattaining a Republican majority that will likely revisit numerous Obama-era decisions.

  • March 14, 2018

    Time To Outlaw Sexual Orientation Bias, 8th Circ. Hears

    The Eighth Circuit was pressed hard on Wednesday by nearly 50 businesses and a slew of civil rights advocacy groups to become the third appellate court in the nation to adopt a standard that Title VII bars sexual orientation discrimination.

  • March 14, 2018

    NJ Nursing Home Must Reinstate Workers, Recognize Union

    The Third Circuit on Wednesday backed two National Labor Relations Board orders forcing a New Jersey nursing home to engage in collective bargaining with its newly unionized employees and rehire a group of nurses fired in retaliation for union activities.

  • March 14, 2018

    Feds Fight Narrow Definition Of Extortion In City Hall Row

    Prosecutors trying to convict a pair of Boston City Hall aides accused of extortion told a Massachusetts federal judge Wednesday that his definition of the word is so narrow, it could make it tougher to prosecute cases against mafia soldiers or corrupt politicians under the Hobbs Act.

  • March 14, 2018

    Costco Nabs Quick Win In Employee's Age Bias Suit

    An Illinois federal judge on Wednesday sided with retail giant Costco Wholesale Corp. in a case brought by an employee who alleged her supervisor repeatedly harassed her in the workplace due to her age and delayed answering her requests for time off for the same reason.

  • March 14, 2018

    Family Dollar Pays Class $45M In Pay Bias Suit

    A North Carolina federal judge on Wednesday signed off on a $45 million settlement ending class action claims by more than 37,000 former and current female Family Dollar Stores Inc. managers alleging their employer paid them less than their male counterparts, ending a case that began nearly 15 years ago.

  • March 14, 2018

    6th Circ. Won't Put Uber OT Class Action Back In Gear

    The Sixth Circuit upheld a decision to toss a proposed overtime class action brought by two Uber drivers and send their claims to individual arbitration, saying Wednesday the drivers couldn’t claim their arbitration agreements violated their rights under federal labor law because they hadn’t raised that argument in district court.

  • March 14, 2018

    Research Lab Gets Quick Win In Ex-Worker's Benefits Suit

    A Maryland federal judge on Tuesday tossed a suit against an in vitro research and testing laboratory from an ex-employee who said the company ended her disability benefits following her firing earlier than it said it would, handing a quick win to the facility on the final claim in her suit.

Expert Analysis

  • Hercules Ascendant? A Gasp Of Breath From A 'Dead Letter'

    Christopher Hannan

    The Fifth Circuit continued the jurisprudential renaissance of personal jurisdiction decisions with Sangha v. Navig8 Shipmanagement Private Limited, a recent maritime ruling that has implications for jurisdictional disputes in all substantive areas. The Sangha dicta may result in a second wave of removals under Hercules, says Christopher Hannan of Baker Donelson Bearman Caldwell & Berkowitz PC.

  • A Practitioner’s Guide To Zarda V. Altitude Express

    John Richards

    It goes without saying that the Second Circuit’s recent ruling that Title VII prohibits discrimination on the basis of sexual orientation in Zarda v. Altitude Express is imbued with significant cultural, political and constitutional implications. But it also begs the question: How should practitioners view the decision from a practical legal standpoint? ask John Richards and Brett Janich of Greenberg Traurig LLP.

  • Vertigo Case Reminds Why Accommodations Are Dizzying

    Sara Jodka

    A Florida federal court's recent decision in Morris-Huse v. Geico demonstrates that regardless of how broad telecommuting becomes as a viable disability accommodation option, it will not be appropriate for all jobs, and highlights the importance of evaluating disability accommodation requests on a case-by-case basis, says Sara Jodka of Dickinson Wright PLLC.

  • Strategies For FCRA Employment Class Actions: Part 1

    Excerpt from Lexis Practice Advisor
    James Boudreau

    Employers’ increased use of various consumer reports coupled with the Fair Credit Reporting Act’s highly technical requirements has led to an uptick in employment-related FCRA class actions. In part 1 of this two-part article James Boudreau and Christiana Signs of Greenberg Traurig LLP discuss the most common types of claims in this area and response strategies.

  • 3 Data Challenges In Wage And Hour Damages Analysis

    Christine Davis

    In January 2018 alone, 679 lawsuits alleging violations of the Fair Labor Standards Act were filed in district courts in the United States, and virtually all were collective actions. Christine Davis and Leonore Ralston of OnPoint Analytics discuss common data-related challenges that can emerge when analyzing wage and hour claims.

  • Make An Informed Choice About Arbitration


    In an age of data-driven decision-making, too many companies are making important choices about dispute resolution based on anecdotes and isolated experiences. I’d like to explain why a number of objections to arbitration are ill-founded, says Foley Hoag LLP partner John Shope.

  • Protecting Privilege In Litigation Financing Negotiations

    Eric Robinson

    Multiple courts have held that discoverable material from negotiations with a litigation funder, when executed properly, can be attorney work product and immune from disclosure in the later litigation. The recent Acceleration Bay decision is indicative of what happens when difficult facts conflict with best practices, says Eric Robinson of Stevens & Lee PC.

  • No Relief For Whistleblowers In 7th Circ.

    Steven Pearlman

    A trifecta of recent decisions illustrate a trend of the Seventh Circuit rejecting whistleblower retaliation claims. These cases raise the bar for plaintiffs trying to establish that they engaged in protected activity, a welcome change for employer-defendants, say Steven Pearlman and Edward Young of Proskauer Rose LLP.

  • The Securities Law Questions Raised By #MeToo

    Deborah Birnbach

    Although companies often do not disclose internal or government investigations generally, and there are no cases obligating disclosure of sexual harassment investigations specifically, companies are not impervious to litigation for failing to disclose such information, or for breach of fiduciary duty in connection with tolerating sexual harassment, say attorneys with Goodwin Procter LLP.

  • Why Machine Learning Should Matter To Lawyers

    Dan Puterbaugh

    Legal leaders who want to meet their clients' expanding expectations should start moving their documents to future-ready document management solutions now if they want to stay competitive in the next few years, says Dan Puterbaugh of Adobe Systems Inc.