• May 18, 2017

    Jackson Lewis Nabs Seasoned Schiff Hardin Employment Atty

    Jackson Lewis PC announced that it has lured a veteran labor and employment litigator from Schiff Hardin LLP to join the firm's Dallas office as a principal.

  • May 18, 2017

    ADT Can't Hold Vote To Oust Union Post-Merger, NLRB Says

    A split National Labor Relations Board reversed a decision directing a union election at ADT LLC offices in Texas on Wednesday, finding a merger that introduced new technicians into the workforce does not necessitate an election because the Communication Workers of America never claimed to represent these additions.

  • May 18, 2017

    Painkiller Battles Loom Over NFL Despite Early Success

    A California federal judge this week decimated a lawsuit claiming 32 NFL teams and team doctors pushed players to abuse prescription painkillers, though the threat of an appeal and other individual claims over what some former players argue is a pervasive problem will continue to hang over the league.

  • May 18, 2017

    Jimmy John's Aims To Toss Joint-Employer Claim In OT Suit

    Sandwich chain Jimmy John's on Wednesday asked an Illinois federal court to toss in part an overtime compensation suit against it, arguing that courts are nearly unanimous in saying that franchisors are not joint employers of their franchisees’ workers.

  • May 18, 2017

    Gov't Asks Judge To Review 9th Circ. Reading In FCA Case

    The U.S. government asked a California federal judge on Wednesday to reconsider a portion of his order tossing a whistleblower’s $1 billion False Claims Act suit against Raytheon regarding a subcontract for satellite sensors, saying it was partly based on an incorrect reading of a Ninth Circuit decision. 

  • May 17, 2017

    Erykah Badu Defamation Suit May Turn On 'Manager' Meaning

    As singer Erykah Badu asked a Texas appellate court to toss an ex-employee's defamation suit against her, the judges homed in on whether Badu’s reference to a “manager” should be treated as a legal term of art or left up to a jury to interpret.

  • May 17, 2017

    W.Va. Justices Should Weigh Insurance Issue, 4th Circ. Told

    BrickStreet Mutual Insurance Co. on Tuesday asked the Fourth Circuit to seek the West Virginia high court's guidance on a key issue at the heart of Zurich American Insurance Co.'s appeal of a lower court's ruling that it must split with BrickStreet payments of workers' compensation benefits to a worker severely injured at a coal mine.

  • May 17, 2017

    Dems Undo Ill. Budget, Reform Deal As Republicans Cry Foul

    On the same day that Illinois' backlog of bills ballooned to a record $14 billion, Democrats in the Illinois Senate on Wednesday passed a budget for the next fiscal year, but could not garner the votes to make agreed-upon cuts needed to actually implement the spending plan.

  • May 17, 2017

    Ex-US Atty Committed Misconduct With Office Romance: DOJ

    A retired U.S. attorney engaged in misconduct by having a romantic relationship with a subordinate, and the subordinate failed to disclose a spouse’s stock trades, the Justice Department’s Inspector General said Tuesday.

  • May 17, 2017

    Union Didn't Discriminate Against Workers, DC Circ. Says

    The D.C. Circuit handed the National Labor Relations Board a win Tuesday after finding that two Nevada restaurant workers “do not come close to showing” that their union discriminated against them or acted arbitrarily by requiring that certain information related to their dues must be requested in writing.

  • May 17, 2017

    Macy's Accused Of Bias With Background Checks At EEOC

    Macy’s Inc. was hit with a charge at the U.S. Equal Employment Opportunity Commission by a group that advocates for ex-inmates, which alleges the retailer's criminal background check policies are discriminatory, the group’s lawyers at Outten & Golden LLP said Wednesday.

  • May 17, 2017

    Fired NJ County Worker Can't Revive Age Bias Suit

    A New Jersey state appellate court nixed a fired Union County employee’s bid to revive his age discrimination suit on Tuesday, affirming a lower court’s ruling that the former worker couldn’t show that his termination was anything other than a legitimate layoff due to budget cuts.

  • May 17, 2017

    4 Boxes To Check Before Firing An Offensive Employee

    The Second Circuit’s recent ruling that a catering company was wrong to fire a server who tore into his boss and the man's family in a profanity-laden Facebook post highlights the perils of firing an employee who mouths off, attorneys say. Here are four things they say employers should consider before firing a worker over speech.

  • May 17, 2017

    NFL Aims For Quick Win In Charity Gambling Row

    The National Football League told a federal judge in Texas on Tuesday that it was entitled to an early win in a lawsuit brought against it by organizers of a charity event in Las Vegas that was relocated after concerns regarding league gambling rules were raised, because there's no evidence of fraud.

  • May 17, 2017

    Regulatory Reform Package Clears Senate Committee

    The Senate Homeland Security Committee on Wednesday sent five regulatory reform bills to the full body for a vote, all of which are designed to make it harder for executive agencies to promulgate rules.

  • May 17, 2017

    Fired Trump Golf Club Worker Settles Retaliation Suit

    A Donald Trump-owned golf club has settled out of court a former employee's wrongful termination suit alleging she was fired for reporting a manager had sexually harassed her, according to court documents filed in Florida federal court Wednesday.

  • May 17, 2017

    7th Circ. Questions Class Claim In Revived Union Fees Suit

    Although the U.S. Supreme Court has ruled a proposed class of nonunion Illinois home health care aides were improperly charged union fees, at least one Seventh Circuit judge indicated Wednesday she didn’t believe the workers could sue over the fees as a group.

  • May 17, 2017

    Casino Illegally Barred Ex-Worker In Wage Suit, NLRB Says

    The National Labor Relations Board in a split decision ruled Tuesday that a Nevada casino violated federal labor law when it barred a former employee from attending an event at an on-site nightclub because she had filed a Fair Labor Standards Act wage-and-hour lawsuit, ruling that it was an act of retaliation.

  • May 17, 2017

    4th Circ. Won't Revive FMLA Suit Against Gov't Contractor

    The Fourth Circuit on Tuesday ruled that the Family and Medical Leave Act doesn’t require businesses to take employees’ preference into account as to the job they return to as long as both jobs are functionally equivalent, closing the book on a suit accusing a defense contractor of violating the statute.

  • May 17, 2017

    Pittsburgh Can't Impose Building Security Rules, Court Says

    A Pennsylvania appeals court said Wednesday that state law barred the city of Pittsburgh from enacting a new ordinance requiring security officers and service employees in certain commercial buildings and other public spaces to undergo training to respond to emergency situations.

Expert Analysis

  • Monthly Column

    Gray Matters: The Attorney-Client Team

    Robert Creo

    A 1979 study of attorney-client interactions revealed startling information: Despite years of education and training to hone their legal expertise, attorneys were not acting as independent counselors but rather allowing their clients to control them. Our experience is that this trend has accelerated, say dispute resolution experts Robert Creo and Selina Shultz.

  • In Workplace Injuries, Don't Overlook 3rd-Party Liability

    Kendall Dunson

    Employers may be at fault when employees are injured, but many workplace injury cases are inextricably intertwined with product liability. A current case involving an auto parts manufacturing firm in Alabama shows how what may initially appear to be a workers’ compensation claim may actually turn out to be a case involving a dangerous product or piece of equipment, says Kendall Dunson of Beasley Allen.

  • Walking The Lone Pine Trail

    Alan Hoffman

    Lone Pine orders require plaintiffs to provide some prima facie evidence to support causation or other claims based on expert opinion. Such orders do not require plaintiffs to prove their case — only to demonstrate that they have one. Some examples from recent litigation illustrate how Lone Pine orders can benefit both sides, says Alan Hoffman of Husch Blackwell LLP.

  • A Closer Look At 'Preemptive' Federal Contract Terms

    Lawrence Ebner

    Subrogation of insureds’ third-party claims is not a subject that excites too many lawyers, but the U.S. Supreme Court’s decision Tuesday in Coventry Health Care of Missouri Inc. v. Nevils will be of interest to anyone who tracks the court’s federal preemption jurisprudence, says Lawrence Ebner of Capital Appellate Advocacy PLLC.

  • Litigation Finance, Big Data And The Limits Of AI

    Christopher Bogart

    Theoretically, both better data and its better use should be able to improve results in litigation, and thus help litigation financiers allocate more capital to meritorious matters. However, while big data and artificial intelligence are intriguing additions to the litigation toolkit, they are far from turning litigation finance on its head, says Christopher Bogart, CEO of Burford Capital LLC.

  • A Circuit Split At Intersection Of Title VII And Title IX

    John Barry

    Prior to the Third Circuit’s opinion in Doe v. Mercy Catholic Medical Center, the question of whether Title VII provides the exclusive remedy for individuals alleging employment discrimination on the basis of sex in federally funded educational institutions had not been visited in nearly 20 years. This decision revived a split that has since existed among the circuit courts, say John Barry and Edna Guerrasio of Proskauer Rose LLP.

  • Series

    Counsel To Counsel: Mama Said There'll Be Days Like This

    Peter J. Engstrom

    It's no longer enough for law firms simply to provide expert legal advice — we are expected to mirror clients' legal, ethics and social commitments and promises. For law firm GCs, the resulting job demands seem to grow exponentially, says Peter Engstrom, general counsel of Baker McKenzie.

  • Why P&C Carriers Must Prepare For The Marijuana Market

    John Pitblado

    Recent court decisions indicate that employers and property-casualty companies may soon be forced to enter the marijuana market. In a sense, the war on drugs has moved into U.S. courtrooms as stakeholders grapple with the fast-evolving landscape of marijuana laws, says John Pitblado of Carlton Fields Jorden Burt PA.

  • Series

    Counsel To Counsel: A Law Firm GC's Data Protection Duties

    Thomas W. White

    Increasingly, we see companies in all industries seeking to perform various levels of due diligence on our information security defenses. We received three times as many diligence requests from clients and prospective clients in 2016 as we did in 2015. Some clients even conduct their own penetration tests, says Thomas White, general counsel of WilmerHale.

  • Class Cert. Challenges For Meal Period Premium Claims

    Sandra Rappaport

    A California federal court's recent decision in Nicole Torres v. Wells Fargo shows that employees seeking to certify classes based on improper calculation of rest or meal break premiums — or even based on the failure to have been paid a premium at all — will have a hard time when it comes to certification, says Sandra Rappaport of Hanson Bridgett LLP.