Employment

  • September 11, 2017

    Fed. Circ. Upholds Army Hospital Admin's Firing Over Threats

    A Federal Circuit panel on Monday rejected a former Army Medical Center health systems administrator’s challenge to her termination for making veiled threats that referenced fatal shootings at military installations to superiors during a dispute over her work hours, finding that the Merit System Protection Board had properly considered her request for review.

  • September 11, 2017

    5 Biggest Client Questions After Hurricane Harvey

    In the wake of Hurricane Harvey, businesses along the Texas coast have been seeking legal guidance on how best to track and repair property damage, to help employees get back on their feet and back to work, and to restore operations after the storm's widespread flooding. Here, Law360 takes a look at five of the biggest issues Texas law firms are helping clients work through.

  • September 11, 2017

    Deported Seismic Consultant Sues Houston Immigration Firm

    A South African citizen who works as a seismic consultant in the energy industry filed a lawsuit Friday against Houston immigration law firm Foster LLP, alleging it was the negligence of the firm and its attorney that led to his deportation after he bought a home and put down roots in Texas.

  • September 11, 2017

    MSHA Floats Changes To Inspection Rule For Non-Coal Mines

    The Mine Safety and Health Administration on Monday proposed changing a rule requiring mine operators to inspect non-coal mines before workers start to allow inspections to take place when shifts begin, according to a notice set for publication in the Federal Register on Tuesday.

  • September 11, 2017

    Surgeon Says Firing Was Retaliation For Raising Safety Issues

    A former orthopedic surgeon at Massachusetts General Hospital has accused the hospital of firing him for raising concerns about “double booked surgeries,” saying that his termination was retaliation for raising the alarm with government agencies and the media.

  • September 11, 2017

    KBR Asks DC Circ. To Ax Appeal In Iraq Contract FCA

    Defense contractor KBR shot back Friday at a former employee’s attempt to revive his false claims suit against the company in the D.C. Circuit, saying a lower court acted properly in tossing the suit for failure to identify false claims submitted to the government on a broad-ranging Army service contract in Iraq.

  • September 8, 2017

    Why More Global Giants Are Renouncing Their HQs

    As more and more international legal giants opt to renounce their headquarters — a move that can woo clients and merger partners alike — experts say it’s a step that also brings its own set of management challenges.

  • September 8, 2017

    Firms Stay The Course On London Growth Amid Brexit Haze

    A year after the U.K.’s vote to end its membership in the European Union, most firms are either hewing to existing expansion plans or making tweaks around the edges, with even the most avid crystal ball-gazers at a loss for what Brexit will mean in the long term.

  • September 8, 2017

    Law360 Reveals The Global 20 Firms Of 2017

    When it comes to having the global expertise to handle complex cross-border matters spanning multiple time zones, some firms stand out from the rest. Here, Law360 reveals its seventh annual ranking of the firms with the biggest international presence.

  • September 8, 2017

    Where The Global 20 Are Bolstering Their Ranks

    Australia, Brazil and Germany have emerged as premier hubs for global law firm expansion in 2017, fueled in part by increased anti-corruption enforcement in Brazil, infrastructure investment in Sydney and the U.K.’s vote to leave the European Union.

  • September 8, 2017

    Global Firms Snap Up India Work With Liberalization In Limbo

    International law firms play a crucial role in India despite being barred from practicing there, and some say opening up the country’s legal industry wouldn’t drastically change how they do business.

  • September 8, 2017

    9th Circ Keeps Uber, Lyft Union Law Paused For Appeal

    The Ninth Circuit on Friday followed up on an emergency injunction it had given to the U.S. Chamber of Commerce on Tuesday, saying it would continue to block a Seattle ordinance allowing drivers for Uber and Lyft to unionize while a suit over the new law is on appeal.

  • September 8, 2017

    Cowboy Star's Discipline 'Fundamentally Unfair,' Judge Says

    A Texas federal judge halted Dallas Cowboys running back Ezekiel Elliott’s six-game domestic violence suspension Friday pending the outcome of a players union challenge to an arbitrator's decision upholding the punishment, saying “a cloud of fundamental unfairness followed Elliott” throughout the NFL’s disciplinary process.

  • September 8, 2017

    UPS Can't Duck ERISA Suit Over Benefits Cap, 9th Circ. Says

    The Affordable Care Act doesn’t bar lifetime benefit caps in retiree-only benefit plans governed by the Employee Retirement Income Security Act, the Ninth Circuit ruled Friday, but it said that UPS and its insurer can’t escape claims they misled a UPS retiree and his wife as to whether their plan had a lifetime limit.

  • September 8, 2017

    AmerisourceBergen Eyes $260M Deal In Criminal FDA Case

    Drug distribution giant AmerisourceBergen plans to pay $260 million and plead guilty to a misdemeanor to end a criminal investigation into a subsidiary’s failure to register with the U.S. Food and Drug Administration, records show.

  • September 8, 2017

    GrubHub Says It’s ‘Sandbagged’ As Ex-Worker Describes HQ

    Over GrubHub’s objection that it had been “sandbagged,” a former employee testified Friday at a California federal bench trial over claims the company misclassified a driver, bolstering allegations drivers were employees and not independent contractors by describing scenes from GrubHub’s headquarters of workers monitoring, controlling and firing drivers.

  • September 8, 2017

    1st Circ. Tosses Extortion Convictions Against Teamsters

    The First Circuit on Friday threw out most convictions against two Boston-area Teamsters for extorting other union members and local businesses, finding that the judge’s instructions could have led a jury to convict them for legitimate, legal labor activity.

  • September 8, 2017

    8th Circ. Again Revives FCA Suit Over Bayer Cholesterol Drug

    The Eighth Circuit on Friday again resurrected a False Claims Act suit that alleged Bayer AG misled the U.S. Department of Defense about the risks of its now-defunct cholesterol drug Baycol, finding a lower court misapplied precedent about the meaning of “original source” of knowledge.

  • September 8, 2017

    Wells Fargo Workers Win Class Cert. In Reimbursement Suit

    A California federal judge said at a hearing Friday that he would likely grant certification to a class of Wells Fargo employees who allege they had to pay for work expenses and weren’t given their commissions on the schedule they were contractually promised, saying commonality could be proved through policies and documents.

  • September 8, 2017

    MLS Wants Player's Teammate Violence Suit Kicked

    Major League Soccer and D.C. United on Thursday asked a federal judge in Washington, D.C., to toss a suit attempting to hold the league and the team responsible for an ex-player's career-ending injury allegedly caused by a teammate who was known to have violent tendencies.

Expert Analysis

  • Series

    Notes From A Law Firm Chief Privacy Officer: Insider Risks

    Wagner.jpg

    As law firms hold sensitive information not only related to the firm but to the firm’s clients, an insider threat — whether it's a "bad actor employee" or inadvertent activity — poses a particular concern. There are steps that privacy officers can initiate to help minimize these threats, says Patricia Wagner, chief privacy officer for Epstein Becker Green.

  • DC Circ. And 4th Circ. Strengthen FCA First-To-File Bar

    John Elwood

    Last month, the D.C. Circuit in Cellco and the Fourth Circuit in Halliburton ruled that the first-to-file bar requires dismissal of False Claims Act actions brought while an earlier-filed action was pending, even if that earlier-filed action was later dismissed. It just became much harder for relators to bring qui tam cases related to earlier FCA actions, say John Elwood and Ralph Mayrell of Vinson & Elkins LLP.

  • Texts And Message Apps Are Changing Internal Investigations

    Jessica Nall

    The near-universal use of text messaging and other mobile communication platforms should prompt a major shift in how evidence is gathered and considered in internal corporate investigations, say Jessica Nall and Claire Johnson of Farella Braun & Martel LLP.

  • 3 Ways Employers Can Proactively Protect LGBT Rights

    Jim McNeil

    The legal landscape governing workplace protections for lesbian, gay, bisexual, transgender, queer/questioning, intersex and/or asexual employees remains uncertain. Most recently, the Trump administration stated it will not change its policy until the Supreme Court takes up the issue. In this context, Jim McNeill and Peter Stockburger of Dentons provide steps employers can take to help ensure their workplace is LGBTQIA supportive.

  • Series

    Notes From A Law Firm Chief Privacy Officer: Balancing Act

    Kristin Jones

    As the role of law firm chief privacy officer becomes more prevalent and expansive, many CPOs are finding themselves in the midst of a delicate balancing act — weighing compliance with government regulations and client requirements on one side with the needs of firm business on the other, says Kristin Jones, chief privacy officer for Stradley Ronon Stevens & Young LLP.

  • How The IPad Can Be A Litigator's Best Friend

    Paul Kiesel

    New mobile computing tools — both hardware and applications — are changing the technology paradigm for legal practitioners. In particular, the combination of the 12.9-inch iPad Pro, the Apple Pencil and the LiquidText annotation app can revolutionize both trial preparation and courtroom litigating, says attorney Paul Kiesel, in his latest review of tech trends.

  • Employer Takeaways From EEOC's $10.5M Deal With Bass Pro

    Gerald  Maatman Jr.

    For employers who are constantly at risk of being the subject of the U.S. Equal Employment Opportunity Commission’s next major investigation or systemic pattern or practice of discrimination class action, a closer reading of the terms in its recent settlement with Bass Pro gives valuable insight, say attorneys with Seyfarth Shaw.

  • Series

    Notes From A Law Firm Chief Privacy Officer: CPO Vs. CISO

    Mark McCreary

    To understand the role of the law firm chief privacy officer — and why that person ought to be a lawyer — it’s important to distinguish the role they fill from that of the chief information security officer, says Mark McCreary, chief privacy officer for Fox Rothschild LLP.

  • 9th Circ. Decision Could Be A Bitter Pill For Pharma Cos.

    David O'Brien

    Last month, the Ninth Circuit revived a False Claims Act complaint in United States v. Gilead, relying heavily on the U.S. Supreme Court's decision in Escobar. This case may have serious consequences for the pharmaceutical industry, potentially opening the floodgates to many other FCA cases, say attorneys with Crowell & Moring LLP.

  • What Does Trump’s Raise Act Support Mean For Employers?

    Elizabeth Espín Stern

    While the recently introduced Reforming American Immigration for a Strong Economy Act is not currently expected to be approved by Congress, the Trump administration’s endorsement of the bill signals transformative changes for employer sponsorship of foreign workers. Elizabeth Espín Stern and Paul Virtue of Mayer Brown LLP discuss the most significant changes for employers.