• May 22, 2017

    Pa. Doctors Want Kickbacks Suit Nixed After 3rd Circ. Ruling

    A cardiology practice has urged a Pennsylvania federal court to reconsider its decision not to toss Medicare kickback claims brought by a relator against it and a University of Pittsburgh medical center, in light of a recent Third Circuit ruling that established a higher standard for False Claims Act cases.

  • May 22, 2017

    Puerto Rican Agencies Added To Restructuring

    The number of entities engaged in Puerto Rico’s restructuring doubled over the weekend to four, as the board overseeing the U.S. territory’s bankruptcy-like process filed relief petitions for the island’s largest public pension system and its transportation agency, which both owe billions to debt holders.

  • May 22, 2017

    6th Circ. Closes Book On Vanderbilt Prof's Sex Bias Suit

    The Sixth Circuit on Monday upheld Vanderbilt University’s win in a female professor’s suit alleging she was treated less favorably and fired because of her gender, saying she failed to point out any similarly situated men who fared differently.

  • May 22, 2017

    Ohio Steel Plant Faces OSHA Penalties Over Safety Violations

    An Ohio-based automotive steel manufacturer is facing almost $280,000 in proposed penalties after federal investigators found that employees at one of its plants were exposed to lead and machine hazards, the U.S. Department of Labor’s Occupational Safety and Health Administration announced Friday.

  • May 22, 2017

    Uber Seeks To Pause Waymo Suit Pending Fed. Circ. Appeal

    Uber Technologies Inc. is seeking to stay California federal court proceedings while it appeals a decision denying its bid to arbitrate trade secret and patent infringement claims from Waymo LLC over driverless car technology allegedly stolen by a former top engineer.

  • May 22, 2017

    Stolen Trade Secrets Cost Pharmacy $2M Per Month, Suit Says

    A New Jersey-based pharmacy is unlawfully using trade secrets and confidential information provided by the former employees of one of its competitors, costing the competitor more than $2 million per month in lost patients and physician referral sources, according to a suit filed Monday in federal court.

  • May 22, 2017

    Whistleblower Accuses Dish Network Of Retaliation

    A former Dish Network LLC employee who accused the company of blacklisting him in retaliation for his alleging widespread bribery in its international marketing department asked a New York federal judge for a partial win on Friday, saying his role in pointing out wrongdoing is protected by federal law.

  • May 22, 2017

    NLRB Tells DC Circ. Fake Gun Incident Didn't Taint Union Vote

    The National Labor Relations Board on Friday urged the D.C. Circuit not to disturb a ruling to uphold a pro-union vote by employees at three of gym chain Equinox’s San Francisco locations, arguing that the chain has embellished a situation in which an employee who later served as a union vote observer was fired for brandishing a realistic-looking plastic handgun.

  • May 22, 2017

    Celeb-Going NYC Restaurant Settles Tips Suit For $1.1M

    Ex-employees at celebrity-studded French restaurant Bagatelle in Manhattan’s Meatpacking District on Monday asked a New York federal judge to approve their $1.1 million settlement after claiming in a proposed class action that the restaurant broke the law by misappropriating employees’ tips.

  • May 22, 2017

    Bankrupt Avaya Attacked Over Survivor Benefits

    The widow of a former Avaya Inc. worker told a New York bankruptcy court on Sunday that she and other recipients of survivorship benefits cannot be shoved aside in the tech company's bankruptcy, citing appellate precedent in which an Avaya ancestor agreed with her characterization of the benefit.

  • May 22, 2017

    3 More Workers Hit Fox News With Discrimination Suits

    Three more current and former Fox News Network LLC employees on Monday hit the company various discrimination claims, with counsel for the workers saying that they now represent 23 people who have alleged they were subjected to discrimination and retaliation at the company.

  • May 22, 2017

    Service Adviser OT Case Makes 2nd Trip To High Court

    A California Mercedes-Benz dealership has asked the U.S. Supreme Court for a second time to consider whether its service advisers are exempt from overtime under the Fair Labor Standards Act, a year after the justices issued a limited ruling that didn’t address that central question.

  • May 22, 2017

    MasTec Urges High Court To Review DirecTV Firing Dispute

    A DirecTV Inc. contractor has urged the U.S. Supreme Court to review a split D.C. Circuit panel decision backing a National Labor Relations Board’s finding that the companies must reinstate Florida technicians fired for complaining about the company’s new pay policy in an interview with a local news station.

  • May 22, 2017

    High Court Asked To Restore ERISA Suit Over Madoff Profits

    A New York engineers' union fund has petitioned the U.S. Supreme Court to revive its suit against the Bank of New York Mellon and Ivy Investment Management over decades-old Bernie Madoff investment advice, saying the Second Circuit violated bedrock principles of the Employee Retirement Income Security Act when affirming the case’s dismissal.

  • May 22, 2017

    Supreme Court Won’t Take Up US Bank Whistleblower Case

    The U.S. Supreme Court on Monday said it would not hear an appeal seeking to revive a whistleblower lawsuit alleging that U.S. Bank NA defrauded a federal mortgage program.

  • May 22, 2017

    Hague Convention Allows For Service By Mail, Justices Say

    Lawsuit process service abroad can properly go through a mailbox, under the Hague Service Convention, provided the jurisdiction hearing the suit recognizes mail service and the foreign jurisdiction doesn't object, the U.S. Supreme Court said on Monday in a unanimous decision reviving a splash pad company's dormant Texas trade secrets suit.

  • May 19, 2017

    Software Developer Pleads Guilty To Stealing Code

    A software developer arrested in late 2015 has pled guilty to economic espionage and theft of a trade secret in connection with stolen source code from his former employer and his apparent efforts to sell it and use it for the Chinese government, prosecutors said Friday.

  • May 19, 2017

    Standard Register Settles $10M Dispute With Liberty Mutual

    The bankruptcy trust of Standard Register Co. has settled a $10 million dispute over workers' comp insurance with Liberty Mutual Insurance Co., according to a motion filed Thursday in Delaware bankruptcy court.

  • May 19, 2017

    Trustee To Form Retiree Committee In Puerto Rico Bankruptcy

    The U.S. trustee on Friday told the federal judge overseeing Puerto Rico’s unprecedented bankruptcy case that it plans to appoint a retiree committee for those vested in the commonwealth’s public pension systems, making a rare call to begin the committee process without waiting for the court to rule on a pending motion.

  • May 19, 2017

    Ariz. Co. Settles EEOC Bias Claim Brought By Gay Workers

    An Arizona school meal company has agreed to pay $62,500 and correct working conditions to resolve claims by the U.S. Equal Employment Opportunity Commission that the caterer retaliated against gay cooks who complained of a hostile environment.

Expert Analysis

  • Lessons In Complying With Nev. Minimum Wage Amendment

    Rick Roskelley

    Following the Nevada Supreme Court's recent unanimous en banc decision in Western Cab v. Eighth Judicial District Court, the state constitution’s minimum wage amendment remains active and enforceable. Although the full implications of Western Cab have yet to be seen, at the base level it appears to at least provide some clarity for employers, say Rick Roskelley and Kathryn Blakey of Littler Mendelson PC.

  • How The Byrd Rule Slowed Down GOP Health Care Reform

    Darryl Nirenberg

    While Republican leadership succeeded in securing 217 votes on Thursday to pass health care reform legislation in the House, standing in their way this past month has been a formidable obstacle: a rule devised by the late Sen. Robert C. Byrd as a feature of the budget reconciliation process, say attorneys with Steptoe & Johnson LLP.

  • Lewis V. Clarke And The Future Of Tribal Immunity

    Forrest Tahdooahnippah

    Whether the U.S. Supreme Court's decision in Lewis v. Clarke is wise from a practical standpoint depends on which side one takes in the larger debate regarding sovereign immunity. The unfairness of having tort victims go uncompensated may be eliminated, but the potential of liability may chill the performance of tribal employees with important duties, says Forrest Tahdooahnippah of Dorsey & Whitney LLP.

  • Whither Arbitration Of Public Injunctive Relief?

    Cary Sullivan

    In McGill v. Citibank, the California Supreme Court stopped short of determining whether public injunctive relief is arbitrable. The decision should help refocus attention on the unresolved issues from Ferguson v. Corinthian Colleges, say Cary Sullivan and Chris Waidelich of Jones Day.

  • Defining 'Employee' Under A Commercial Crime Policy

    David Bergenfeld

    In Telamon v. Charter Oak, the Seventh Circuit recently held that a corporate entity that is just a legal convenience is not a labor leasing firm. As can be seen from this case, among others, courts are strictly interpreting and enforcing precise language in insurance policies to determine whether individuals are deemed employees, says David Bergenfeld of D'Amato & Lynch LLP.

  • The Wild World Of Calif. Wage Orders

    Matthew Schechter

    California’s wage orders, some of which date back over 25 years, are an important but often overlooked feature of the employment law landscape that can trip up even the most careful employers. Two cases decided by the California Supreme Court within the last year demonstrate how decisions involving wage orders can have ripple effects for employers and employees, says Matthew Schechter of McManis Faulkner.

  • What Lawyers Should Know To Avoid Online Scams

    J. S. Christie Jr.

    Scams resulting in access to confidential information are probably a lawyer’s greatest technology and cybersecurity risk. But hackers are more likely to gain access to a lawyer’s computer systems through human error, usually responding to a scam, than a brute force attack, says J. S. Christie Jr. of Bradley Arant Boult Cummings LLP.

  • 5 Things Employers Must Do When A Key Employee Leaves

    Lariza Hebert

    When a top salesman or other key employee leaves, employers sometimes become frazzled and neglect to take steps to preserve and protect confidential information. However, by instituting five simple steps, employers and their counsel can ensure they preserve and protect confidential information when the top dog decides to depart, says Lariza Herbert of Fisher Phillips.

  • Web Servers: An Overlooked Cybersecurity Risk At Law Firms

    Jeff Schilling

    Many law firms use public-facing websites for business development and to streamline operational processes. While these sites are great for maximizing information-sharing, they could unknowingly be an unlocked gateway into a firm’s most confidential data, says Jeff Schilling of Armor Defense Inc.

  • What Employers Should Know About New Paid Leave Bill

    Christine Samsel

    While the recently introduced “Family and Medical Insurance Leave Act” borrows some principles from the Family and Medical Leave Act, it would cover considerably more employees and impact many more employers, say Christine Samsel and Hannah Caplan of Brownstein Hyatt Farber Schreck LLP.