Employment

  • August 27, 2021

    Ex-Pharma Co. Heads Plead Guilty In Trade Secrets Case

    Two co-founders of Taiwanese company JHL Biotech Inc. have copped to charges that they conspired to swipe Genentech's medical trade secrets, according to the federal government.

  • August 27, 2021

    Home Aides' Attys Get $5.6M In Fees In Humana Settlement

    A Connecticut federal judge on Thursday formally granted just over $5.6 million in fees to the plaintiffs' attorneys who pushed Humana Inc. and related health care companies towards a $17 million settlement for home health aides who claimed they weren't paid overtime wages.

  • August 27, 2021

    NYS Bar Urges Employers Statewide To Mandate Vaccinations

    The New York State Bar Association said Friday that all workers in the state should be required to receive the COVID-19 vaccine, a step the group says is essential to beat a surge in cases caused by the highly contagious delta variant of the coronavirus.

  • August 27, 2021

    Ga. Judge Defends 'Homeless-Sexual' Social Media Post

    A Georgia probate judge says her free speech rights are being violated by ethics charges targeting her past social media posts referring to "homeless-sexuals," commenting on male genitalia and advertising a wine night at an Atlanta bar.

  • August 27, 2021

    Mass. Pot Dispensary To Pay $300K For Violating Wage Laws

    Massachusetts Attorney General Maura Healey announced Thursday that a marijuana dispensary with locations across the state will pay nearly $300,000 in restitution and penalties for failing to pay hundreds of employees premium pay on Sundays and covered holidays.

  • August 27, 2021

    Ex-Avco Atty Targets Blank Rome Over Alleged Frivolous Suit

    A former outside counsel for Avco Corp. has accused the aerospace company of working with its attorneys at Blank Rome LLP to slap her with a frivolous lawsuit over work she went on to perform for an Avco rival after she terminated her relationship with the company.

  • August 26, 2021

    Over 200 Fla. City Employees Fight Vaccine Mandate

    More than 200 city of Gainesville employees and contractors on Thursday accused the Florida city of illegally trying to force them to get COVID-19 vaccines, arguing that any such mandate violates state and federal law and should be blocked by a Sunshine State court.

  • August 26, 2021

    Mexican Restaurant Executives Charged In RICO Indictment

    Top executives for a Missouri-based Mexican food distribution company and related restaurants in neighboring states have been charged with running a federal racketeering conspiracy to hire unauthorized immigrants following a wide-ranging investigation by the U.S. Department of Homeland Security.

  • August 26, 2021

    GSK Arbitration Bid Axed In Consultants' Prison Stint Suit

    A Pennsylvania appeals court agreed Thursday that GlaxoSmithKline could not force the owners of a Shanghai-based consultancy to arbitrate claims over yearslong sentences they were forced to serve in Chinese prison after the pharmaceutical giant allegedly tricked them into investigating a politically connected whistleblower.

  • August 26, 2021

    Ex-Dentons Partner Says Labor Law Issue Must Be Resolved

    A former Dentons partner who claims he was unjustly fired is fighting back against an order that he adjudicate the matter privately in arbitration, arguing that a California appeals court must resolve a novel issue concerning a conflict between the state's employment and arbitration laws.

  • August 26, 2021

    Judiciary Slams 'Intrusive' Workplace Misconduct Bill

    The federal judiciary's top policymaking body has lambasted a new bipartisan bill that would provide judiciary workers with the same anti-harassment rights and whistleblower protections afforded to other government employees, saying the measure "fails to recognize the robust safeguards" the branch has already put in place in recent years.

  • August 26, 2021

    Texas County's Early Win In Ex-Clerk's Assault Case Set Aside

    A Texas federal judge has made an abrupt reversal in a case accusing a former county judge of sexually assaulting a clerk, seemingly reopening the suit one day after granting summary judgment to the former official's county.

  • August 26, 2021

    Division I Colleges Can't Shake Athletes' NCAA Wage Suit

    Several National Collegiate Athletic Association Division I colleges can't escape a proposed collective and class action by student athletes claiming they should be considered employees and therefore paid minimum wage, a Pennsylvania federal court has ruled, saying the schools hadn't shown the athletes weren't employees.

  • August 26, 2021

    Texas Tech Can't Bounce Former Hoops Coach's Sex Bias Suit

    A Texas federal judge has refused to toss discrimination and retaliation claims against Texas Tech University by its fired women's basketball coach, finding she had laid out a case that she was treated differently than male coaches and suffered blowback for reporting alleged harassment.

  • August 26, 2021

    Calif. Judge OKs Counsel, Trimmed Class In MLB Wage Suit

    A California judge on Thursday tapped class counsel for a group of minor leaguers suing MLB for alleged starvation wages after he trimmed down their bid for an injunction to sidestep conflicting state labor laws.

  • August 26, 2021

    Dredging Co. Says Employee Stole Secrets Of $100M Project

    A marine dredging firm says a disgruntled former executive jumped ship to a competitor with tens of thousands of privileged company documents related to a $100 million project in tow, while repeatedly insisting he wouldn't steal the trade secrets.

  • August 26, 2021

    3rd Circ. Upholds Exxon Union's Win In Contracting Row

    The Third Circuit on Thursday rejected an Exxon Mobil Corp. unit's bid to undo an arbitrator's decision preventing it from contracting out union jobs at a New Jersey facility, saying the arbitrator did not need to ignore evidence beyond the exact language of the labor contract.

  • August 25, 2021

    Female Ex-Estee Lauder Director Says Beauty Co. Favors Men

    A former Estee Lauder director of construction has accused the beauty giant of gender discrimination, claiming that her former employer terminated her for a construction incident that she didn't cause while allowing the male employees responsible to keep their jobs.

  • August 25, 2021

    Ascension Health Settles Discrimination Claims With DOJ

    The Department of Justice reached a settlement Wednesday with Ascension Health Alliance on allegations it discriminated against work-authorized noncitizens by requesting more or different documents than necessary while verifying their employment eligibility status.

  • August 25, 2021

    Amazon Says It Ousted NJ Workers For Pot After Legalization

    Amazon said it fired or refused to hire nearly 200 people in New Jersey due to their marijuana use between when the state formally legalized pot and when the company changed its employment policy over the drug.

  • August 25, 2021

    DOL Loses 'Troubling' Bid To Block Ex-Felon From Union Role

    A Massachusetts man convicted of drug trafficking can serve as a union official despite a labor law prohibiting former felons from doing so for 13 years, a federal judge ruled Wednesday, rejecting an argument by the U.S. Department of Labor that she found "remarkable and troubling."

  • August 25, 2021

    4 ShiftPixy Blank-Check Vehicles Slash IPO Sizes

    Staffing firm ShiftPixy Inc. lowered funding projections on four initial public offerings involving special purpose acquisition companies created by the business, which now expect to raise less than half of what was originally projected, according to securities flings Wednesday.

  • August 25, 2021

    Another Trucking Co. Settles Out Of No-Poach Suit

    Covenant Transport is the latest trucking company to reach a deal with a proposed class of truck drivers that have accused it and others in the industry of quashing competition for good employees by agreement not to hire each other's drivers.

  • August 25, 2021

    EQT Says Conflict, Not Bias, Drove Black Ex-Exec's Firing

    There was no racial bias involved when the now-renamed Rice Energy fired a Black executive over his conflict of interest in owning a contractor for the company, Rice attorneys told a Pennsylvania federal court, pointing to a white employee who was fired for similar reasons and the plaintiff's personal friendship with CEO Toby Rice.

  • August 25, 2021

    Feds OK'd Work Authorization For 800K Without Full Vetting

    A federal watchdog on Wednesday called on U.S. Citizenship and Immigration Services to improve its employment eligibility verification system, finding shortcomings that kept the agency from accurately confirming workers' identities and work authorization in at least 800,000 instances.

Expert Analysis

  • NJ 'Reply All' Ethics Opinion Brings New Pitfalls For Attorneys

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    While a recent New Jersey ethics opinion rightly concluded that an attorney cannot claim an ethics violation when opposing counsel replies all to a group email including clients, it runs counter to stances taken by other states and presents new dangers of confidentiality breaches and unfiltered messages to opposing parties, says Roger Plawker at Pashman Stein.

  • OSHA May Be Closer To Getting COVID-19 Regs On Track

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    The Occupational Safety and Health Administration missed an initial deadline for issuing COVID-19 emergency temporary standards, but the confirmation of Marty Walsh as labor secretary this week and recent agency actions could mean an ETS is coming soon, and mask wearing in the workplace is one area the order might address, says Gabrielle Sigel at Jenner & Block.

  • Opinion

    SEC Shouldn't Target Funds With New ESG Task Force

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    The U.S. Securities and Exchange Commission's new environmental, social and governance enforcement initiative’s focus on investment advisers and funds is misguided and could distract from the pursuit of true misconduct stemming from material omissions in corporate disclosures, upon which fund strategies are based, say Richard Kirby and Beth-ann Roth at R K Invest Law.

  • 10 Ways Employers Can Guard Against Retaliation Claims

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    As pandemic-related employee retaliation claims are expected to rise, employers must take steps to institute clear policies on access to company documents and confidential information, and ensure their disciplinary policies on document theft stand up to scrutiny, say Angelique Newcomb and Liran Messinger at Littler.

  • Series

    Judging A Book: Bibas Reviews Rakoff's 'Why The Innocent Plead Guilty'

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    In "Why the Innocent Plead Guilty and the Guilty Go Free,” U.S. District Judge Jed Rakoff catalogues the many ways our criminal justice system is broken, and in doing so, gives the public an intimate look into the thoughts, reasoning and personal experiences of a renowned federal judge, says Third Circuit Judge Stephanos Bibas.

  • For Law Firm Digital Marketing, Less Is Sometimes More

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    Attorneys and law firms often look to cast the widest net possible and maximize online impressions, when they should be focusing their digital marketing efforts on fewer, better-qualified prospects, says Guy Alvarez at Good2BSocial.

  • Showing An Employer's Ability To Pay In Immigrant Petitions

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    Employers can minimize ability-to-pay challenges to their immigrant petitions by considering their timing and tailoring supporting evidence to address questions the U.S. Department of Labor and U.S. Citizenship and Immigration Services are most likely to ask about their financial circumstances, say Anita Smalley and Douglas Halpert at Hammond Neal.

  • 3 Ways To Plan For A Possible Federal Ban On Noncompetes

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    Following last month's reintroduction of a federal bill seeking to ban or limit the use of employee noncompetes, companies should explore alternative avenues to protect trade secrets, confidential business information, customer goodwill and other legitimate business interests, say Russell Beck and Erika Hahn at Beck Reed.

  • Protecting Trade Secrets In The Remote Workplace

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    A Pennsylvania federal court's recent decision in M3 USA Corp. v. Hart provides guidance for employers on protecting trade secrets when remote employees leave, and highlights associated jurisdictional issues to consider when bringing litigation against a remote employee, say Jeffrey Csercsevits and Kelsey Beerer at Fisher Phillips.

  • Strategies For Fighting Back Against A Rambo Litigator

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    If your opposing counsel is a so-called Rambo litigator, there are ways to turn their scorched-earth litigation tactics and ad hominem attacks into assets that favor your client, says Margeaux Thomas at Thomas Law.

  • Opinion

    Court Erred In Barring Late DOJ Intervention In FCA Case

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    A Tennessee federal court's novel approach in U.S. v. SouthEast Eye Specialists, barring U.S. Department of Justice intervention in a False Claims Act suit, is unsupported the statute, frustrates its purpose, may impede DOJ enforcement and should be rejected, say Catherine Dorsey at Baron & Budd and Jacklyn DeMar at Taxpayers Against Fraud Education Fund.

  • Opinion

    1 Year Into Pandemic, It's Time To Rethink Law Firm Billing

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    The particular tasks for which a law firm client can expect to be billed have become unpredictable in the era of COVID-19, making flat fees and other alternative fee arrangements more attractive for both in-house and outside counsel, says Jessica Hodkinson at Panasonic.

  • What Companies Should Know About SIGPR Oversight

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    Brian Miller, the special inspector general for pandemic recovery, discusses what companies and attorneys can do to avoid CARES Act fraud, how his team approaches protecting taxpayer money, and some of the challenges and successes SIGPR faced building an agency from the ground up amid a pandemic.

  • Opinion

    Inconsistent COVID Travel Bans Are Hurting The US

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    The current criteria for exceptions to U.S. pandemic-related travel bans — established by the flurry of inconsistent guidance that's been issued, revised, rescinded and resurrected this past year — are irreconcilable, harming U.S. companies, workers and our economy, says Angelo Paparelli at Seyfarth Shaw.

  • Rogue High Court Citation May Spark Legal Writing Changes

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    Justice Clarence Thomas’ unexpected use of a new citation format in the U.S. Supreme Court’s recent Brownback v. King opinion is the most notable citation change in the court's writing in 25 years, and could inspire receptiveness for other innovations in legal writing and beyond, says Carrie Garrison at Porter Wright.

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