• March 16, 2018

    A Chat With Littler Info Chief Durgesh Sharma

    In this monthly series, legal recruiting experts at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Durgesh Sharma, CIO at Littler Mendelson PC.

  • March 15, 2018

    Chicago Police Officer Says Gender Inspired Her Demotion

    A Chicago Police lieutenant with 28 years on the force sued the city of Chicago on Thursday, alleging she was demoted from her prestigious position commanding marine and helicopter units because she was targeted by a superior whom she claimed discriminated against her because of her sex.

  • March 15, 2018

    Split 5th Circ. Vacates DOL's Obama-Era Fiduciary Rule

    A split Fifth Circuit panel on Thursday vacated the U.S. Department of Labor’s fiduciary rule for retirement account advisers, with the majority finding the agency overstepped its authority and that the Obama-era rule’s redefinition of "fiduciary" was unreasonable.

  • March 15, 2018

    4 Slam-Dunk Tips For Employers To Swish March Madness

    With the NCAA basketball tournament tipping off this week, millions of workers will be tracking their office pool brackets and sneaking peeks at games during work hours. But lawyers say businesses should generally avoid calling flagrant fouls on employees and instead treat March Madness as an easy layup for fostering companywide camaraderie.

  • March 15, 2018

    LinkedIn Tells 9th Circ. Startup’s Bots Hurt Competition

    LinkedIn asked a Ninth Circuit panel to nix a judge’s order allowing a startup company to keep using bots to scrape data from public profiles on its website, saying at oral arguments Thursday that the decision undermined the “very values of competition and innovation the district court thought it was protecting.”

  • March 15, 2018

    Auto Seller Seeks Full 11th Circ. Review Of Bias Suit

    An auto sales company whose victory over an employee’s discrimination suit was reversed by an Eleventh Circuit panel asked the full appeals court to reinstate its win on Wednesday, saying the decision to reinstate the case was based on bad evidence and an invalid argument.

  • March 15, 2018

    9th Circ. Revives Whistleblower's FCA Row Against Merck

    The Ninth Circuit on Thursday revived a whistleblower's allegations that Merck and two other drugmakers violated the False Claims Act by offering doctors kickbacks to prescribe their blood-thinning drugs, finding the lower court based its dismissal on an outdated "original source" test.

  • March 15, 2018

    Ex-Minn. Hockey Coach Gets $3.7M Verdict In Bias Case

    A federal jury awarded former University of Minnesota Duluth women’s hockey coach Shannon Miller $3.7 million in her case accusing the school of discrimination and of retaliating against her for complaining about disparate treatment, according to a verdict on Thursday.

  • March 15, 2018

    Zarco Einhorn DQ'd In Miami Restaurant Tipping Row

    Miami's River Yacht Club successfully disqualified Zarco Einhorn Salkowski & Brito PA and two of its attorneys who are litigating a tip credit suit against the chic restaurant after arguing before a Florida federal court the law firm had previously represented the restaurant in a similar case.

  • March 15, 2018

    Grad Students, Unions Tell Schools To Come To Table

    Graduate students at five schools and leaders of the Service Employees International Union, the United Automobile Workers and other national unions on Wednesday asked the schools’ presidents to negotiate union contracts with their graduate workers. 

  • 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.

Expert Analysis

  • 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.

  • 7 Tips For Creating Effective Employee Wellness Programs

    Kofi Semenya

    Despite the stated benefits for both employers and employees, some employers still struggle to implement successful wellness programs or have a significant percentage of their workforce refuse to sign up. Kofi Semenya of Isaac Wiles Burkholder & Teetor LLC shares suggestions for employers who want to establish a wellness program and maximize participation.

  • What To Expect From EEOC's New Harassment Guidance

    Kristin Klein Wheaton

    Earlier this month U.S. Equal Employment Opportunity Commission Acting Chair Victoria Lipnic stated the agency will release its new guidance on sexual harassment “soon.” What it will look like is anyone’s guess, but the EEOC intends it to replace several previously issued documents, and it appears to be a fairly comprehensive summary of the current state of the law, says Kristin Klein Wheaton of Goldberg Segalla LLP.

  • The Latest On Sexual Harassment Reform In Congress

    Bill Pittard

    Sexual harassment in the workplace has been in the news. You may have noticed. And that issue, as things in the news so often do, has made its way to the Hill. Bill Pittard, partner at KaiserDillon PLLC examines the existing law and practice under which sexual harassment allegations in the congressional workplace typically are handled, and touches on the key elements of the leading House proposals to amend that framework.

  • Litigation Over The Flu Shot: A New Symptom Of Flu Season

    Howard Miller

    Recent legal challenges beg the question: Can an employer lawfully require its employees to be vaccinated against the flu? Although this is a relatively straightforward question, the answer is far from simple and implicates federal, state and even local law, say Howard Miller and Jessica Moller of Bond Schoeneck & King PLLC​​​​​​​.

  • How Tax Reform Changes The Treatment Of Fringe Benefits

    Mary Hevener

    The Tax Cuts and Jobs Act significantly changed the federal taxation of fringe benefits. With the elimination or reduction of deductions for employers, elimination of employee exemptions and other changes, reform's treatment of fringe benefits promises a ripple effect reaching many aspects of employee compensation, say attorneys at Morgan Lewis & Bockius LLP.

  • In Somers, High Court Takes Us Back To 2014

    Scott Oswald

    Justice Ruth Bader Ginsburg’s opinion in Digital Realty Trust v. Somers, which put a tight limit on anti-retaliation protections under the Dodd-Frank Act, emerged on Wednesday as the obverse of her 2014 opinion in Lawson. The real-world impact of Somers is likely to be immediate and somewhat perverse, says Scott Oswald of The Employment Law Group PC.

  • What Employers Can Learn From Waymo V. Uber

    Brian Arbetter

    While Waymo v. Uber was more high-profile than most cases, employers can and should learn lessons from it. Brian Arbetter of Norton Rose Fulbright discusses the current state of the law in the area of employee raiding and restrictive covenants and offers some best practices for employers to follow in order to fully protect their confidential information.