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Employment

  • August 10, 2018

    After #MeToo, Firms Still Have Blind Spots Vetting Laterals

    In the era of #MeToo, law firms are more conscious than they've ever been about the need to vet a potential new partner who may have a history of misconduct, but their options for screening attorneys are constrained by costs and other practical impediments, namely the need to maintain confidentiality in lateral jumps.

  • August 9, 2018

    Goodyear Seeks New Trial After $40M Asbestos Verdict

    A New York jury has awarded $40.1 million to a man with mesothelioma, placing the bulk of the blame for his asbestos exposure on Goodyear Tire, which has asked for a new trial because of “outrageous remarks” made by the man’s counsel during closing arguments.

  • August 9, 2018

    Electric Car Startup Says Rival's No-Poach Terms Are Unlawful

    Electric vehicle startup EVelozcity sued Faraday & Future on Thursday in California state court, calling a contract term its competitor imposes to prevent departing employees from encouraging colleagues to also leave for another company “illegally restrictive.”

  • August 9, 2018

    2nd Circ. Strict On FCA First-To-File Bar In Allergan Case

    A Second Circuit panel ruled Thursday that a False Claims Act relator cannot avoid the FCA's first-to-file bar by filing an amended complaint after a similar earlier suit had been dismissed, in a case accusing drugmaker Allergan Inc. of providing kickbacks to doctors who prescribed its cataract treatments.

  • August 9, 2018

    8th Circ. Says CBA Negates ConAgra Workers' Don-Doff Suit

    The Eighth Circuit on Thursday upheld the dismissal of a proposed class action accusing ConAgra of not paying workers at an Arkansas facility for time they spent donning and doffing protective gear, saying the company acted according to the terms of a collective bargaining agreement.

  • August 9, 2018

    EEOC Says United Backed Pilot Who Posted Colleague Nudes

    The Equal Employment Opportunity Commission accused United Airlines Inc. of discriminating against a flight attendant on the basis of sex for its refusal to punish a pilot, even after he pled guilty to posting provocative images and videos of her on the internet for years, according to a suit filed in Texas federal court Thursday.

  • August 9, 2018

    Chicago Parade Helpers 'Sabotaged' Sponsor Ties, Suit Says

    The organizer of Chicago’s annual Bud Billiken parade has sued two people it hired to help organize its 2017 event, saying Tuesday that the pair “sabotaged” its relationship with several major sponsors and have threatened to disrupt this year’s procession.

  • August 9, 2018

    'Man-Purse And Some TLC' Sweetened $60K Bribe, Jury Told

    A key prosecution witness in the $20 million cash-for-investment bribery case against former union boss Norman Seabrook told a Manhattan jury Thursday that a designer man-purse and some friendly treatment soothed the defendant when he learned of his less-than-expected $60,000 alleged payout.

  • August 9, 2018

    9th Circ. Nixes Drivers' Challenge To Seattle Union Law

    The Ninth Circuit ruled Thursday that a group of independent drivers who contract with the ride-hailing apps Uber and Lyft cannot pursue a challenge to a Seattle ordinance that lets for-hire drivers form quasi-unions, saying the harms they purportedly would suffer are too speculative for their claims to be heard.

  • August 9, 2018

    New ABA Labor Chief Looks To Navigate Changing Landscape

    The American Bar Association Section of Labor and Employment Law is poised to help lawyers from both sides of the bar find common ground and to guide them through the #MeToo movement and the fallout from the U.S. Supreme Court's Epic Systems class-action waiver ruling, new section head and Cozen O'Connor employment practice co-chair Joseph Tilson told Law360 in an exclusive interview.

  • August 9, 2018

    StubHub Beats App Developer's Trade Secrets Theft Claims

    A California federal judge has awarded StubHub a win over allegations it flouted the Defend Trade Secrets Act when it hired three employees from a startup company who allegedly used proprietary data from their former company in apps they developed for the online ticket vendor.

  • August 9, 2018

    NYC Uber Cap A Harbinger Of More Hard-Line Rules

    The first-of-their-kind limits that New York City placed on the rapid expansion of Uber, Lyft and other app-based ride-hailing services may inspire cities and municipalities to craft more hard-line rules for newer entrants in on-demand transportation, experts say, but consumers could end up paying the price.

  • August 9, 2018

    Lupin Accused Of Hiring Older Sales Pros To Poach Clients

    Lupin Pharmaceuticals Inc. was hit with a proposed class action in Georgia federal court claiming the company hires seasoned sales pros in order to take their established clients, then fires the older workers, giving their accounts to cheaper, younger sales staff.

  • August 9, 2018

    Dell Unit Whistleblower Can't Get New Award With Bias Claim

    A California judge has refused a whistleblower’s request to scrap an allegedly inadequate $1.57 million award he received in his case against a Dell Technologies subsidiary, despite claims that the arbitrator unfairly excluded evidence and was biased because one of his JAMS colleagues once represented the company while at Orrick Herrington & Sutcliffe LLP.

  • August 9, 2018

    Ex-Goldman Sachs Managing Director Alleges Retaliation

    Goldman Sachs & Co. LLC inappropriately fired and withheld millions of dollars in bonuses from a former senior managing director who refused to take the blame for the investment bank's alleged failure to properly vet a European businessman with a "checkered past," the employee alleged Thursday in New York federal court.

  • August 9, 2018

    Teamster Fund Loses 2nd Circ. Bid To Nix $3.5M Award

    The Second Circuit stood by a decision to affirm a more than $3.5 million judgment against a Teamsters Local 210 fund in a decadelong dispute over a reduction in contributions, rejecting the fund's request that the court reconsider the ruling.

  • August 9, 2018

    EEOC Says Country Club Workers Faced Sexual Harassment

    The U.S. Equal Employment Opportunity Commission has said female employees at a San Diego-area country club were subjected to ongoing sexual harassment by a manager who gave preferential treatment to those who accepted his advances, according to a complaint filed in California federal court.

  • August 9, 2018

    Rising Star: Paul Hastings' Felicia Davis

    Paul Hastings partner Felicia A. Davis helped narrow a suit accusing Google Inc. of underpaying women in California and beat back a sweeping Fair Credit Reporting Act class action brought on behalf of roughly 20,000 Disneyland job applicants, securing herself a place among five employment attorneys honored by Law360 as Rising Stars.

  • August 8, 2018

    NJ High Court Upholds Lawmakers' 'Job Banding' Rule Veto

    The New Jersey Legislature properly invoked the Legislative Review Clause in invalidating a rule from the state Civil Service Commission that enabled certain public employees to be promoted without competitive examinations, because the provision ran afoul of state law, the state Supreme Court ruled Wednesday.

  • August 8, 2018

    Manatt Asks Calif. Court To Toss Recruiter's $335K Trial Win

    Manatt Phelps & Phillips LLP urged a California appeals court Wednesday to find it doesn’t owe a legal recruiter $335,000 for connecting the firm with its now managing partner-elect, arguing a jury found the recruiter didn’t fulfill his deal with Manatt and there was no evidence that was the firm’s fault.

Expert Analysis

  • Employers Must Respond To Weingarten Rights Expansion

    Douglas Darch

    In Circus Circus, the National Labor Relations Board overturned nearly 40 years of precedent in shifting the burden of contacting and obtaining a union representative onto employers when they interview employees suspected of misconduct. Employers should err on the side of caution and extend union representation whenever Weingarten rights may be triggered, says Douglas Darch of Baker & McKenzie LLP.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • Too Much Employer Stock? Don't Ignore Diversification

    Mark Poerio

    Despite recent warnings of the risks associated with executives feeling overly invested in their employer’s stock, some board members and compensation committees still turn a deaf ear to stock diversification programs that seem at odds with the idea of aligning executive interests with those of shareholders. Sometimes, however, the pendulum swings too far, says Mark Poerio of Wagner Law Group.

  • Drafting M&A No-Poach Provisions Amid Regulatory Scrutiny

    Thomas Fina

    Agreements regarding soliciting and hiring employees of competitors have become an enforcement priority for U.S. antitrust authorities, so M&A parties should take a fresh look at how they approach the issue. A carefully tailored no-poach provision will help protect against regulatory inquiry, say attorneys with Baker Botts LLP.

  • An Update On Anti-Poach Enforcement And Class Actions

    Robin van der Meulen

    In recent years, no-poach agreements have become subject to close scrutiny both by the U.S. Department of Justice’s Antitrust Division and private class action plaintiffs. These cases show that violations of federal antitrust laws can have an immediate and real impact on ordinary people and their livelihoods, say Robin van der Meulen and Brian Morrison of Labaton Sucharow LLP.

  • All Unions Likely To Feel The Impact Of Janus V. AFSCME

    Joseph Gross

    While the high court's decision in Janus v. AFSCME issued a direct and devastating hit to public-sector unions, it's effects are likely to be far reaching. Unions representing both private- and public-sector employees, as well as union funding of political causes, will feel the blow, say Joseph Gross and Adam Primm of Benesch Friedlander Coplan & Aronoff.

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

  • #MeToo's Impact On Sexual Harassment Law Just Beginning

    Susan Sholinsky

    The myriad sexual harassment laws proposed and passed this year show that legislatures are swiftly responding to the #MeToo movement. All employers should keep abreast of developments nationwide, because another state's laws may be coming soon to a legislature near you, says Susan Sholinsky of Epstein Becker & Green PC.

  • Another Decision In Goldman Code Theft Case

    Jonathan Waisnor

    The Aleynikov case demonstrates that employees who attempt to use the proprietary source code of their former employers without authorization may face not only the risk of civil liability, but also prosecution under local criminal statutes. And they could also face liability under the recently expanded federal Economic Espionage Act, says Jonathan Waisnor of Willkie Farr & Gallagher LLP. 

  • Searching For Clues In Kavanaugh's Employment Opinions

    David Garland

    How might Judge Brett Kavanaugh rule on labor and employment issues if confirmed to the U.S. Supreme Court? A review of his D.C. Circuit opinions reveals a judge who has ruled in favor of employers, but also one who has called out discrimination and injustice where he has found it, says David Garland of Epstein Becker & Green PC.