Employment

  • December 11, 2017

    What Your Colleagues Think Of Litigation Finance

    We asked, and you answered. Here are the results of Law360’s inaugural survey on third-party legal funding.

  • December 11, 2017

    Boston City Officials Secure Delay Of Extortion Trial

    Two city of Boston officials will stand trial on extortion charges in the spring instead of directly after the holidays, because prosecutors altered their case and a recent appellate ruling raised additional discovery questions, a Massachusetts federal judge said Monday.

  • December 11, 2017

    NLRB Partial Settlements Shift Is Trump Board's 1st Reversal

    The National Labor Relations Board said Monday that its judges can sign off on partial settlement proposals even if the agency’s general counsel and the charging party in a given case object, restoring the board’s “reasonableness” settlement standard in the Trump board’s first reversal of Obama-era policy.

  • December 11, 2017

    Futility Issue Frustrates Apple Investor Suit, Calif. Panel Says

    A California appeals court ruled Monday that Apple Inc. investors who tried to update their suit against company board members over their role in a Silicon Valley recruiting scandal had to show that it would be futile to ask Apple's current board to take action, rather than the board in place when the suit was first filed.

  • December 11, 2017

    Ill. Appeals Court Upends $5M Construction-Injury Deal

    An Illinois appeals panel on Friday reversed a trial court’s good-faith finding and ordered a new trial over contributions to a man’s $5 million settlement for injuries he suffered at a Walmart construction site, finding neither the judge nor the jury had enough information to determine whether each settling party is paying its proper portion of the deal.

  • December 11, 2017

    American, Union Win Toss Of Ex-TWA Pilots' Seniority Suit

    A Texas federal judge on Monday granted a bid from American Airlines and Allied Pilots Association to dismiss a suit brought by four former Trans World Airlines pilots alleging the airline and the union mishandled a dispute over their integration into the American pilot seniority list after American merged with TWA in 2001.

  • December 11, 2017

    Pa. Referees File Class Claims Over Contractor Status

    Two Western Pennsylvania referees filed a federal class action suit Friday accusing the organization that oversees high school sports in the state of improperly categorizing them as independent contractors and shorting them on wages.

  • December 11, 2017

    NJ Justices Nix Worker's Contract Barring 3rd-Party Suits

    The New Jersey Supreme Court on Monday ruled that an employment contract barring third-party lawsuits wasn’t enforceable under the state’s workers’ compensation law because it contravenes public policy, but a trial court must still determine if the suing employee was partially liable for the injury that prompted his suit. 

  • December 11, 2017

    4 Tips For Making Employees Behave At Holiday Parties

    Holiday parties are supposed to be a chance to cut loose at the end of the year and celebrate the successes that came along the way, but this season employers are worried these traditionally boozy bashes could land them on the growing list of companies accused of letting workers behave badly, attorneys say.

  • December 11, 2017

    States, AFL-CIO Back Seattle's Uber Union Law In 9th Circ.

    A dozen states and the AFL-CIO threw their support behind the city of Seattle on Friday, telling the Ninth Circuit that a local ordinance allowing Uber and Lyft drivers to unionize should be upheld because it’s covered by state-action immunity and doesn’t violate federal antitrust law.

  • December 11, 2017

    Justices Leave PAGA No-Arbitration Rule Intact In Calif.

    The U.S. Supreme Court refused on Monday to review a California appellate court decision that claims under the state's Private Attorneys General Act cannot be arbitrated, effectively rejecting arguments that the Federal Arbitration Act preempted state labor laws like PAGA that disfavor arbitration.

  • December 11, 2017

    DOD To Accept Trans Troops After Court Refuses To Budge

    The U.S. Department of Defense will allow transgender people to enlist in the military beginning Jan. 1, after a Washington, D.C., federal judge on Monday refused to halt an injunction against the Trump administration’s efforts to stop transgender troops from serving.

  • December 11, 2017

    Justices Won't Review Admissibility Of I-9 Forms In Removals

    The U.S. Supreme Court on Monday declined to review a Fifth Circuit decision that held that evidence from a Form I-9, or worker eligibility document, can be used against an immigrant in removal proceedings, not just in criminal proceedings.

  • 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.

Expert Analysis

  • 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.

  • Series

    Judging A Book: Saris Reviews 'Locking Up Our Own'

    Judge Patti Saris

    Having just completed a six-year term as chair of the U.S. Sentencing Commission, I read Yale Law School professor James Forman's new book, "Locking Up Our Own: Crime and Punishment in Black America," with particular interest, says Judge Patti Saris, chief judge for the U.S. District Court for the District of Massachusetts.

  • Why Asking About Salary History Is Risky Anywhere

    Joseph Kroeger

    Recently there has been significant attention around new laws and ordinances that prohibit employers from asking job applicants about their salary history in various U.S. states and cities. But are employers outside of these jurisdictions free to ask for salary history information of applicants without risk? Hardly, say Joseph Kroeger and Audrey Roberts of Snell & Wilmer LLP.

  • It’s OK, Whistleblowers Will Always Have SOX

    Scott Oswald

    Based on U.S. Supreme Court arguments Tuesday in Digital Realty Trust v. Somers, corporate whistleblowers are headed back to a world in which their main protection against retaliation will be the stalwart Sarbanes-Oxley Act, says Scott Oswald of The Employment Law Group PC.

  • Decoding Settlement Process For FLSA Claims At 2nd Circ.

    Nathan Oleson

    Has the latest stratagem of using a Rule 68 offer of judgment in a Fair Labor Standards Act settlement created an alternative to obtaining formal court approval? This question has divided New York federal district courts over the past two years, and it will be resolved when the Second Circuit hears the appeal in Mei Xing Yu v. Hasaki Restaurant, says Nathan Oleson of Akin Gump Strauss Hauer & Feld LLP.

  • How To Protect Search Terms In Internal Investigations

    Sam Ballingrud

    Attorneys conducting internal investigations frequently turn over their search term lists to opposing counsel or to government enforcers. This, however, can be a mistake with long-lasting results, say Sam Ballingrud, a Colorado Supreme Court law clerk, and Markus Funk, chairman of the white collar and investigations practice at Perkins Coie LLP.

  • Opinion

    Whistleblower Protections Are At Risk At The High Court

    Stephen Kohn

    The U.S. Supreme Court is poised to hear argument in Digital Realty Trust v. Somers, but if it decides to strip the protections of employees who report violations of law to in-house managers it will constitute the greatest setback for voluntary compliance programs since they were established in the mid-1980s, says Stephen Kohn of Kohn Kohn & Colapinto LLP.

  • Financial Institutions Must Invest In FATCA Compliance

    Ashly Elmore Drew

    The deadline for foreign financial institutions to sign up with the U.S. Internal Revenue Service's Foreign Account Tax Compliance Act registration system came and went last month. While deregulatory and tax reform efforts in Washington could eventually change FATCA enforcement, for the time being, failure to be in compliance can have serious implications, say attorneys with Burr & Forman LLP.

  • 5 Ways Retailers Can Avoid Holiday Employment Headaches

    John Richards

    During the holiday season, employees are more likely to request time off or call in sick. For retailers, however, this time of year typically means increased customer demand, staffing challenges and potential for more wage and hour exposure. Given these issues, attorneys at Greenberg Traurig LLP offer a few tips for retailers to keep in mind.

  • What To Look For In Cyan V. Beaver County Oral Arguments

    William O'Brien

    On Tuesday, the U.S. Supreme Court will hear oral arguments in Cyan v. Beaver County Employees Retirement Fund. If the justices are sympathetic to the views of the Office of the Solicitor General, which filed an amicus brief earlier this year, it could signal an end to the epidemic of state court forum shopping in Securities Act class actions, says Skadden counsel William O'Brien.