• September 13, 2017

    Ex-IT Worker Gets 2.25 Years For Clinic Hack

    A 29-year-old Texas man was sentenced to 27 months in prison Wednesday for hacking into the servers of a medical clinic where he lost his information technology job and buying merchandise from Staples on the clinic's dime, according to the U.S. Department of Justice.

  • September 13, 2017

    Steptoe’s Atty Gets Scolding, Stay In Lawyer Pay Bias Row

    A California federal judge on Wednesday granted Steptoe & Johnson LLP a discovery stay in an ex-associate’s proposed class action claiming that the firm’s female attorneys make less than men, but not before scolding Steptoe’s attorney over allegations that the firm “stonewalled” on a required meeting with the opposition.

  • September 13, 2017

    Nike Employees' Wait Time Ruled Trivial In Bag Check Suit

    A California federal judge on Tuesday granted Nike summary judgment in a class action alleging unpaid wages, ruling that retail workers hadn't proven they spent more than a few seconds of off-the-clock time going through security checks.

  • September 13, 2017

    Fed. Circ. Refuses To Send Uber-Waymo Feud To Arbitration

    A case in which Alphabet Inc.’s self-driving car unit Waymo LLC accuses Uber Technologies Inc. of stealing its trade secrets will proceed to trial in California federal court next month after the Federal Circuit on Wednesday shut down Uber’s request to send the case to private arbitration.

  • September 13, 2017

    Biz Advocates Seek Certainty From Joint Employer Proposal

    “Certainty” was the word of the day at Wednesday’s House of Representatives subcommittee meeting on a proposal to tighten the recently expanded federal test for joint employer liability, as witnesses split on whether the bill or the looser standard it would undo offers businesses more clarity.

  • September 13, 2017

    Uber Can’t Get Partial Win In Drivers' 'On Call' Fight

    A Pennsylvania federal judge refused Wednesday to toss part of a putative class action accusing Uber Technologies Inc. of violating the Fair Labor Standards Act, reiterating his position in an earlier order that said the issue of whether drivers are working when “on call” can only be resolved after discovery.

  • September 13, 2017

    Texas Justices Query Limits Of School Sex Harassment Claim

    The Texas Supreme Court weighed a school district's challenge Wednesday to a former gym teacher’s sexual harassment and retaliation claims, questioning whether the allegedly harassing comments should be treated as mere bullying.

  • September 13, 2017

    Ogletree Deakins Adds Employment Law Team In Philadelphia

    Ogletree Deakins Nash Smoak & Stewart PC announced it had brought on board four attorneys from Montgomery McCracken Walker & Rhoads LLP, two of whom have decades of experience and have worked in high-level employment law positions, as additions to the firm’s Philadelphia office.

  • September 13, 2017

    Texas Atty Sues Firm Over Slice Of Possible Million-Dollar Pie

    A Houston-area lawyer has sued his former firm Walne Law PLLC for allegedly violating a fee agreement and denying his right to a share of fees from an underlying contract dispute that could yield millions of dollars in damages.

  • September 13, 2017

    Jackson Lewis Hires Ex-Morgan Brown Employment Atty

    Jackson Lewis PC has announced it has further bolstered its ranks in Boston with the addition of a principal from Morgan Brown & Joy LLP, saying the new hire brings with her years of experience advising clients on a full range of labor and employment law.

  • September 13, 2017

    JPMorgan’s Alleged Defaming Of Worker Privileged: 9th Circ.

    The Ninth Circuit declined to revive a defamation and wrongful termination suit filed by a former employee of JPMorgan Chase Bank NA on Wednesday, ruling that Tony Adjian could legally be fired for any reason and the bank’s explanation to regulators was privileged under California law.

  • September 13, 2017

    EEOC Rocks Cruise Line With Suit Alleging Illegal Firing

    The U.S. Equal Employment Opportunity Commission sued American Queen Steamboat Co. in Tennessee federal court on Tuesday, accusing a river cruise line executive of wrongly firing a head hotel director and then its cruise director for filing a written complaint saying a hotel director made unwanted advances on a bar manager.

  • September 13, 2017

    NJ Whistleblower Law Doesn't Protect Volunteers, Panel Says

    The New Jersey Appellate Division on Wednesday upheld the dismissal of a firefighter’s lawsuit alleging he was terminated for complaining about alleged wrongdoing within his department, issuing a published decision clarifying that the state’s whistleblower law protections don’t extend to unpaid volunteers.

  • September 13, 2017

    NFL Could Face Another Prolonged Fight In Latest Labor Tiff

    The NFL's disciplinary process is once again under the microscope as the league looks to overturn a ruling that put Dallas Cowboys running back Ezekiel Elliott's six-game suspension on hold, but while the league has previously been successful in federal circuit courts, experts say it might not be an easy fight this time around.

  • September 13, 2017

    PAE Pays $5M To Settle FCA Suit Over Vetting Practices

    Security contractor Pacific Architects and Engineers LLC reached a $5 million settlement with the government in a False Claims Act suit over allegations it failed to properly vet personnel working on a civilian police-training contract with the State Department in Afghanistan, prosecutors announced Wednesday.

  • September 13, 2017

    French Satellite Co. Wants Ex-CEO Suit In Del.

    French satellite operator and broadband service provider Eutelsat SA filed suit in Delaware Chancery Court late Tuesday against the former CEO of its Mexican subsidiaries, saying a dispute brought by him in Mexico over several employment agreements should be heard in Delaware.

  • September 13, 2017

    Senate GOP Starts Latest Health Care Reform Push

    A group of Senate Republicans unveiled their latest effort to jump-start repeal and replacement of the Affordable Care Act on Wednesday, introducing a plan to restructure health care subsidies around state-level block grants.

  • September 13, 2017

    Defense Co. Seeks Quick Win In Retaliation Suit

    A security contractor asked a Virginia federal judge on Tuesday to toss claims from a former employee who oversaw a State Department security contract in Afghanistan that the contractor retaliated against him for pointing out fraud and misappropriation of funds, saying the employee was not engaged in protected whistleblowing activity under the False Claims Act and that he was fired for cause.

  • September 13, 2017

    Architect Slaps Five Guys With Copyright Suit Over Designs

    Architectural firm Soos & Associates Inc. hit Five Guys with a lawsuit Tuesday in Illinois federal court, alleging the fast food chain has violated its copyright by switching to different architects for new store designs while using Soos’ original plans without its approval.

  • September 13, 2017

    5th Circ. Affirms Toss Of FCA Suit Against AndroGel Maker

    The Fifth Circuit on Tuesday affirmed a lower court’s decision to toss allegations that Solvay Pharmaceuticals Inc. caused health care providers to wrongfully bill the government for three of its drugs in violation of the False Claims Act, saying the relators didn’t offer sufficient evidence to back their claims.

Expert Analysis

  • The Use Of Special Masters In Complex Cases

    Shira Scheindlin

    Special master appointments can be very beneficial in resolving disputes quickly, streamlining discovery, handling delicate settlement negotiations, and — somewhat surprisingly — reducing cost and delay, says retired U.S. District Judge Shira Scheindlin, now with JAMS.

  • 2nd Circ. Lowers Bar For Employee FMLA Retaliation Claims

    Amy Traub

    In its recent decision in Cassandra Woods v. START Treatment & Recovery Centers, the Second Circuit applied a lower causation standard to determine whether employers have retaliated against employees for exercising their rights under the Family and Medical Leave Act. The likely result is an increase in the number of FMLA retaliation claims surviving summary judgment and proceeding to trial, say Amy Traub and Saima Sheikh of BakerHostetler.

  • A Plaintiff’s Guide To Discovery Proportionality: Part 2

    Max Kennerly

    Proportionality is often a question of whether discovery production has reached a point of diminishing returns, and about the marginal utility of additional discovery once the core discovery in the case has been completed. In other words, proportionality is a method to avoid going in circles or getting sidetracked, not an excuse for cutting corners, says Max Kennerly of Kennerly Loutey LLC.

  • Roundup

    Notes From A Law Firm Chief Privacy Officer


    As more law firms become the targets of major cyberattacks, more firms may consider appointing a chief privacy officer. In this series, CPOs at four firms discuss various aspects of this new role.

  • A Plaintiff’s Guide To Discovery Proportionality: Part 1

    Max Kennerly

    In December 2015, the parts of the Federal Rules of Civil Procedure concerning proportionality in discovery were amended. The amendments changed the language defining the scope of relevance, but substantively, this remains the same as it has been for nearly 40 years, says Max Kennerly of Kennerly Loutey LLC.

  • Opinion

    Don't Expect UAW To Back Off Campaign Against Nissan

    John Raudabaugh

    Now that a vote has taken place, Nissan has asked the United Auto Workers Union to respect the voice of the vast majority of its employees: They are not interested in union representation. However, the sheer volume of unfair labor practice charges filed against Nissan suggests the UAW is not going away any time soon, says John Raudabaugh, professor of labor law at the Ave Maria School of Law.

  • Pepperdine Gay Bias Case — A Loss And A Win For Plaintiffs

    Ronald Katz

    On Friday, two lesbian basketball players lost their discrimination case against Pepperdine University. However, the fact that the case was permitted to go to trial represented a major blow against sexual stereotyping in sport, says Ronald Katz of GCA Law Partners LLP.

  • Series

    Notes From A Law Firm Chief Privacy Officer: New Demands

    Phyllis Sumner

    For outside counsel, oftentimes efficiency and responsiveness collide with security measures as clients are increasingly requiring their law firms to comply with third-party risk management programs. To meet these challenges, law firms are focusing more on the roles of chief privacy officer and chief information security officer, says Phyllis Sumner, chief privacy officer for King & Spalding LLP.

  • Responding To A 'Notice Of Intent To Revoke' From DHS

    David Serwer

    While the U.S. Department of Homeland Security immigration enforcement mechanisms that grab headlines tend to be worksite raids or I-9 penalties, an increasingly common DHS enforcement tactic is the issuance of a notice of intent to revoke, say David Serwer and Matthew Gorman of Baker McKenzie.

  • Escobar Provides New Grounds For Seeking Gov't Discovery

    Ethan Posner

    The U.S. Supreme Court’s decision last year in Escobar should alter the way the government, defendants and courts approach discovery into the government’s knowledge and deliberations in False Claims Act cases, say Ethan Posner and Noam Kutler of Covington & Burling LLP.