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Employment

  • June 18, 2018

    Sports Betting Co. Faces ADA Bias Claims by Axed Worker

    Online horse racing platform Xpressbet LLC was sued Monday in Pennsylvania federal court by a former employee who says he was demoted and fired because he took medical leave.

  • June 18, 2018

    F-Squared Discovery Delayed In Del. Ch. 11 Trustee Suits

    Citing pivotal, unsettled questions of law, a Delaware bankruptcy judge on Monday postponed mediation and most discovery in a string of extended clawback actions filed by the liquidating trustee for F-Squared Investment Management LLC, pending resolution of dismissal motions.

  • June 18, 2018

    GCs Tackle Law Firm Culture In Diversity Push

    Following an American Bar Association pledge, in-house attorneys are taking a harder line in demanding diversity from their outside counsel, and they're seeking to play a larger role in the workings of the law firms they hire.

  • June 18, 2018

    The Hurdles Facing BigLaw’s Minority Women

    We asked BigLaw for data on female minority lawyers for the first time this year, and the results show an industry that is failing to attract and retain them. Here’s a look at the challenges facing these attorneys — and how a few firms are defying the norm.

  • June 18, 2018

    The Best Firms For Minority Equity Partners

    The legal industry is making sluggish gains when it comes to attracting and retaining attorneys of color, but this select group of firms is taking broader strides to diversify at the top.

  • June 18, 2018

    Insurance Claims Analysts Granted Cert. In OT Class Action

    Hartford Fire Insurance Co. analysts received class certification in Florida federal court on Monday in their suit claiming they were misclassified as exempt from overtime pay and stiffed of a fair wage in violation of the Fair Labor Standards Act.

  • June 18, 2018

    Utah Judge Rebuffs Ute Tribe's Stay Bid In Contract Row

    A Utah federal judge on Friday rejected the Ute Indian Tribe’s bid to stay a ruling that the tribe’s contract dispute with a former employee must be heard in state court rather than tribal court, saying the tribe isn’t likely to win in its appeal to the Tenth Circuit.

  • June 18, 2018

    IHOP Worker Says He Was Fired For Skipping Prayer Meetings

    A dishwasher at an International House of Pancakes filed a discrimination suit Monday in Pennsylvania federal court claiming a cook and other employees harassed him for not joining their prayer group and that he was eventually fired for it.

  • June 18, 2018

    After Kozinski, 7th Circ. Expands Harassment Reporting

    The Seventh Circuit announced dramatic changes to the way it’s handling sexual harassment and discrimination complaints from clerks and other employees on Friday, becoming one of the first court systems in the country to overhaul its policies in the wake of allegations against former Ninth Circuit Judge Alex Kozinski.

  • June 18, 2018

    Training Crucial To Offsetting Job Losses From Automation

    As the coming artificial intelligence revolution threatens to displace millions of human employees, experts on both sides of the management-worker divide say that lawmakers, businesses and labor groups need to figure out how to train U.S. workers to take advantage of the jobs this new technology will create.

  • June 18, 2018

    NJ Justices To Review Ex-Cop's Revived Disability Bias Suit

    The New Jersey Supreme Court has agreed to review a lower court's opinion reviving an ex-police officer's disability discrimination suit against the Jersey City Police Department over claims the agency forced him to retire instead of approving a knee replacement surgery, according to an order made available Monday.

  • June 18, 2018

    In Their Own Words: Minority Partners On Reaching The Top

    Despite decades of industrywide initiatives, movement up the ladder has stagnated for minority lawyers. Here, five industry success stories tell Law360 about the paths they took and what needs to change in BigLaw.

  • June 18, 2018

    Fisher Phillips Nabs 2 Constangy Brooks Employment Vets

    Fisher Phillips said on Monday it has deepened its bench in three different cities with the addition of two labor and employment partners and one lawyer who will serve as of counsel, announcing that the two partners have come from Constangy Brooks Smith & Prophete LLP.

  • June 18, 2018

    High Court Nixes Ex-FBI Agent, Club Owner's Cert. Bids

    The U.S. Supreme Court on Monday swatted away appeals over whether a South Carolina strip club should have been allowed to enforce arbitration pacts it made certain dancers sign while a wage-and-hour collective action was pending, and whether a former FBI agent could raise a whistleblower retaliation defense before the U.S. Merit Systems Protection Board.

  • June 18, 2018

    Mass. Top Court Greenlights Nurse Staffing Ballot Question

    A ballot question limiting the number of patients who can be assigned to a single nurse will be asked to Massachusetts voters this fall after the Massachusetts Supreme Judicial Court on Monday shot down a bid by a group of voters who challenged the question on constitutional grounds.

  • June 18, 2018

    IDEC Wrongly Fired Disabled Illinois Employee, EEOC Says

    The Equal Employment Opportunity Commission slapped international industrial device maker IDEC Corp. with a lawsuit in Illinois federal court Friday over claims that its Illinois office fired an employee it considered disabled.

  • June 18, 2018

    NFL, Texans Want To Arbitrate Ex-Eagles Player's Injury Suit

    The NFL and the Houston Texans want a court to send to arbitration claims that a pocked and scored field at NRG Stadium gave a former Philadelphia Eagles player a career-ending injury, saying the players' union agreed that injury claims like this can only be decided in arbitration.

  • June 18, 2018

    Ferring Will Face Counterclaims In $165M Patent Deal Row

    A New York federal judge has said two pharmaceutical companies run by former Ferring BV researchers may proceed with counterclaims against their former employer over who owns the intellectual property rights to an antidiuretic, finding that they had enough of a financial interest to challenge the patents.

  • June 18, 2018

    Jamaican Students Hit Okla. Hotels With Trafficking Suit

    Jamaican students who arrived in the U.S. on J-1 exchange visitor visas to work at a Holiday Inn Express and a Hampton Inn sued their hosts in Oklahoma federal court Friday, claiming to be “survivors of human trafficking” who shelled out high recruitment fees, got paid less than promised and were threatened with physical harm if they tried to quit.

  • June 15, 2018

    Minority Lawyers On Why They Left BigLaw

    Despite the proliferation of diversity committees and inclusion initiatives, corporate law firms remain overwhelmingly white and male, especially at leadership levels. Here, minority attorneys discuss their reasons for leaving a large firm.

Expert Analysis

  • New Calif. 'National Origin' Rules Stray From Federal Policy

    Thea Rogers

    The recent approval of new amendments to the California Fair Employment and Housing Act by the state's Office of Administrative Law broadens and bolsters the protections the state affords to noncitizens. But it also directly clashes with President Donald Trump's executive orders on immigration, says Thea Rogers of Elkins Kalt Weintraub Reuben Gartside LLP.

  • Series

    Masterpiece Cakeshop: Employment Law Considerations

    Kara Ariail

    The U.S. Supreme Court's decision Monday in Masterpiece Cakeshop v. Colorado Civil Rights Commission provides little practical guidance for employees and employers navigating the balance between accommodating religious beliefs and preventing discrimination. Nevertheless, employers should note three likely outcomes that have the potential to impact workplace discrimination claims, says Kara Ariail of Holland & Knight LLP.

  • Legal Risks For Consumer Products Cos. In 2018: Part 1

    Erin Bosman

    Running a successful consumer products company has never been easy. Rapidly evolving technologies, an uncertain economy and changing government regulations appear primed to complicate the already challenging task of navigating legal issues, say Erin Bosman and Julie Park of Morrison & Foerster LLP.

  • UK Employment Law Risks In Cross-Border M&A

    Richard Moore

    U.K. employment law has developed in myriad ways and continues to do so. The acquisition of U.K.-based companies or assets will therefore often give rise to employment law considerations that are unfamiliar to U.S. buyers, says Richard Moore of Lewis Silkin LLP.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 1

    Craig Levinson

    Legal pundits continue to make predictions that newer entrants into the industry — NewLaw firms, the Big Four and alternative legal service providers — will progressively seize greater amounts of market share from traditional law firms. But the BigLaw response has been underwhelming at best, and a glimpse at the market forces puts its lack of urgency into perspective, says Craig Levinson, founder of Levity Partners.

  • ADA Burden-Of-Proof Answers From 9th Circ.

    Joanne Alnajjar Buser

    In Snapp v. Burlington Northern Santa Fe Railway, the Ninth Circuit recently clarified that an employer’s summary judgment burden to show the unavailability of an employee accommodation under the Americans with Disabilities Act does not apply at trial. Rather, the employee still bears the ultimate burden of proving the existence of a reasonable accommodation, say attorneys at Paul Plevin Sullivan & Connaughton LLP.

  • Series

    Masterpiece Cakeshop: Core Questions Left For Another Day

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    In its majority opinion Monday in Masterpiece Cakeshop v. Colorado Civil Rights Commission, the U.S. Supreme Court did not attempt to decide between free exercise of religion and speech or civil rights for gay Americans. Instead, it decided the case on grounds that are so narrow and case-specific that they are hardly useful as precedent, says Christina Crozier of Haynes and Boone LLP.

  • How Kentucky Changed Its Nearly 100-Year-Old Tax Structure

    Mark Sommer

    Kentucky’s 2018 regular session of the General Assembly brought sweeping changes to an overall tax structure that had been largely untouched over the last century, Mark Sommer and Rowan Reid of Frost Brown Todd LLC discuss what changed and what stayed the same.

  • How Immigration Issues Can Sour M&A Deals

    Christine Fuqua Gay

    Because the U.S. Department of Homeland Security's E-Verify program is frequently overlooked and misunderstood, immigration compliance issues have become more common in mergers and acquisitions and a basis of post-closing claims, such as those alleged in Post Holdings v. NPE Seller Rep, currently pending in the Delaware Chancery Court, say Christine Fuqua Gay and Ashley Hamilton of Holland & Knight LLP.

  • Despite Legality, Employee Arbitration Pacts Are No Panacea

    Adam Primm

    While the U.S. Supreme Court's recent opinion in Epic Systems v. Lewis is clearly a business-friendly decision, employers should not rush to include arbitration agreements and class or collective action waivers in their employment contracts. They may be beneficial in certain contexts, but they are not necessarily a fit for everyone, say attorneys with Benesch Friedlander Coplan & Aronoff.