Employment

  • September 20, 2021

    Nixon Peabody Expands LA Corporate Group With Of Counsel

    Nixon Peabody continued to expand its West Coast corporate practice with the hiring of Jean Y. Yu as an of counsel on its employee benefits and executive compensation team in Los Angeles.

  • September 20, 2021

    'Indictments Are Coming' In Trump Org. Case, CFO's Atty Says

    An attorney for Trump Organization finance chief Allen Weisselberg told a New York state court Monday that he expects there will be additional indictments in the Manhattan district attorney's tax fraud case against former President Donald Trump's business.

  • September 17, 2021

    Employment Authority: Tips For Raising Pay, NLRB Remedies

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with a close look at the Ninth Circuit decision that reinstated elements of California's anti-arbitration law, tips for employers thinking about raising workers' wages, and how the NLRB general counsel may find ways for unauthorized immigrant workers to be eligible for remedies under federal labor law.

  • September 17, 2021

    NY Electrical Cos. Violated Union Agreement, 2nd Circ. Affirms

    The Second Circuit affirmed Friday the National Labor Relations Board's decision that three related electrical contracting companies violated the law by not complying with their collective bargaining obligations, finding the board's general counsel can ratify a previous decision by an improperly serving acting general counsel.

  • September 17, 2021

    White NYC Fire Inspectors' Claims Nixed From Race Bias Suit

    A New York federal judge extinguished claims brought by white New York City fire protection inspectors alleging employment discrimination on the basis of race, ruling Thursday that they can't tack "associational" discrimination claims onto viable class claims that the city funnels minority inspectors into lower-paying roles.

  • September 17, 2021

    DOL Claims Race Bias In Hiring At Janitorial Services Co.

    A U.S. Department of Labor watchdog announced Friday it has lodged an administrative complaint against a janitorial company, alleging it discriminated against Black applicants in multiple locations and white applicants at one location in hiring for cleaning positions.

  • September 17, 2021

    CACI Settles No-Poach Claims From Intelligence Workers

    CACI International Inc. has reached a deal over claims in Ohio federal court accusing it of agreeing with Booz Allen Hamilton Inc. and Mission Essential Personnel LLC to not hire each other's employees for intelligence contracting work at a U.S. military installation in England.

  • September 17, 2021

    EEOC Plans To Appeal Disability Bias Case Loss To 5th Circ.

    The Equal Employment Opportunity Commission told a Texas federal judge on Friday it would be appealing to the Fifth Circuit his ruling bringing an end to a lawsuit against Cash Depot accusing it of firing a worker who suffered a stroke and couldn't lift heavy loads, in violation of the Americans with Disabilities Act.

  • September 17, 2021

    Ill. Court Splits Time Limit On Biometric Privacy Claims

    An Illinois state appellate panel said Friday that different limitation periods should be applied to the Biometric Information Privacy Act, ruling that claims rooted in unlawful profiting or disclosure have a one-year limit while informed consent, retention policy and safeguarding claims have a five-year limit.

  • September 17, 2021

    CoreCivic Can't Dodge Officer's Suit Over Body Cavity Search

    A federal judge has ordered private prison giant CoreCivic to face claims that its employee violated the Fourth Amendment by subjecting a corrections officer to a "dehumanizing" body cavity search in the middle of a Georgia prison parking lot.

  • September 17, 2021

    Philly Atty Pushes To Ax Greenblatt Pierce's $5M Fee Claim

    A Philadelphia-based lawyer has urged a state judge to junk a lawsuit from Greenblatt Pierce Funt & Flores LLC seeking a share of legal fees from a $5 million settlement in a wage and hour class action the firm helped pursue against DuPont before ultimately withdrawing from the case.

  • September 17, 2021

    Hyundai Elevates Assistant GC To Chief Legal Officer

    Hyundai Motor North America has promoted its assistant general counsel to serve as the automotive company's chief legal officer, the company announced Friday.

  • September 17, 2021

    CVS Says NY Online Pharmacy Can't Enforce Noncompete

    CVS Pharmacy Inc. hit online pharmacy retailer Capital Rx Inc. with a suit Thursday in Massachusetts federal court claiming the web-based business is trying to keep a former employee from working for CVS in violation of the Bay State's 2018 noncompete reform law.

  • September 16, 2021

    Laborers Say Va. Hemp Co. Stiffed Them Of Wages, Expenses

    A group of five Mexican laborers alleged in a federal Fair Labor Standards Act lawsuit filed Thursday that a Virginia hemp company cheated them out of wages and expenses and then wrongfully terminated them from work during the 2020 season.

  • September 16, 2021

    Insurance Exec Cleared For Work After Tiff With Ex-Employer

    A Georgia federal judge has cleared the way for an insurance underwriter to return to work, but said her former firm doesn't have to rehire her as chief underwriting officer.

  • September 16, 2021

    Withers Adds New Employment Partner In San Francisco

    BigLaw firm Withers added a new partner to its San Francisco employment team after she worked for the firm as a consultant for more than one year.

  • September 16, 2021

    Chubb Says Coke Not Covered For Texas Worker's Injuries

    Chubb Limited Insurance Co. argued in a filing that it has no duty to defend a Coca-Cola bottler in an underlying lawsuit filed by an employee in Texas who was injured in a forklift accident.

  • September 16, 2021

    Trulieve Seeks Exit From Noncompete Row Over Exec Hiring

    Florida-based cannabis company Trulieve has asked a state judge to toss allegations that it interfered in a contractual relationship when it hired a communications director from a rival company, saying the plaintiff had failed to state a proper claim.

  • September 16, 2021

    Indiana Hospital Must Face Suit Over Contractor's Surgery

    An Indiana appeals court said a hospital can't get out of a proposed lawsuit by a patient who claims he suffered a botched gallbladder removal, finding the hospital didn't clearly tell the patient that the operating surgeon wasn't an employee of the facility.

  • September 16, 2021

    Amazon Can't Force Flex Driver To Arbitrate Privacy Claims

    Amazon can't force a Flex driver to arbitrate his claims that the company wiretapped drivers' private Facebook groups where they discussed working conditions, strikes and unionization, a California federal judge ruled Wednesday, saying the claims aren't related to the driver's employment.

  • September 16, 2021

    Lin Wood's Ex-Colleagues Say Hidden Emails Merit Sanctions

    Former colleagues of embattled conservative attorney L. Lin Wood Jr. have called for a second set of sanctions against him in their dispute over the distribution of shared client payments, saying they've uncovered emails proving he has repeatedly lied to a Georgia state trial court and continues to do so.

  • September 16, 2021

    Insurer Fights Landscaper Defense For Human Trafficking Suit

    A Pennsylvania landscaping company can't tap into coverage for a suit alleging a violent human trafficking scheme for migrant labor, according to MMG Insurance Co.'s federal court suit, as the policy bars coverage for the type of expected and intended harm alleged.

  • September 16, 2021

    Apple Wants Fed. Circ. To Rethink Refusal To Toss Patent Suit

    Apple is asking the Federal Circuit to rethink a decision that the tech giant must face a patent lawsuit over its Apple Watch brought by a University of Michigan engineering professor, saying that the ruling retroactively puts the ownership rights of "countless" patents in jeopardy.

  • September 16, 2021

    Court Partly Blocks Aon Rival From Using Trade Secrets

    An Illinois federal judge has partially granted Aon PLC's bid to block a company created by former employees from using allegedly stolen trade secrets or contacting Aon clients, finding the professional services firm likely to succeed on some claims in its suit.

  • September 16, 2021

    MLB Network Settles Fired Makeup Artist's Retaliation Suit

    The Major League Baseball Network has settled a former hair and makeup artist's claims it violated New Jersey state law by denying her sick leave and then allegedly firing her in retaliation, federal court papers filed Thursday show.

Expert Analysis

  • Tide Is Turning Against FCA Case Dismissals

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    The U.S. Supreme Court’s recent decision not to resolve a circuit split over the proper standard for deciding government motions to dismiss whistleblower suits is a Pyrrhic victory for potential defendants, given bipartisan pressure in the Senate and from the White House to reign in such dismissals, say attorneys at McGuireWoods.

  • Law Firms, Know Who's Responsible For Your Cloud Security

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    Lawyers generally know that files go into the cloud and that the files are then secured and protected, but it's necessary for firms to take a closer look at their cloud supply chain and then come up with a responsibility matrix that helps mitigate any potential risks or weaknesses, says Martin Ward at iManage.

  • Benefits For Law Firms Venturing Into New Services

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    By offering more services, law firms can deepen and strengthen their client relationships and truly become an extension of their clients' teams while generating new revenue streams, and while there are risks associated with expanding into consulting, they may be worth it, says Lou Ramos at Major Lindsey.

  • How Anti-Corruption Push Affects US Cos. Operating Abroad

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    A recent Biden administration memo, and an anticipated increase in enforcement related to transnational fraud, money laundering and corruption, means that U.S. companies and financial institutions with operations abroad should take concrete steps to stave off U.S. Department of Justice scrutiny, says Andrey Spektor at Bryan Cave.

  • Green Investments Are Not Immune To ESG Scrutiny

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    As investment informed and motivated by environmental, social and governance considerations accelerates, companies and investors in the green technology sector must keep in mind that regulators, consumers and communities will not grant them free passes on the full range of ESG concerns, say Michael Murphy and Kyle Guest at Gibson Dunn.

  • Series

    Embracing ESG: Exelon GC Talks Diversity Initiatives

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    Executing a commitment to diversity, equity and inclusion programming, through recruitment, inclusive legal pipelines and community empowerment via pro bono efforts, can ensure a strong environmental, social and governance proposition, says Gayle Littleton at Exelon.

  • Rebuttal

    FCA Relator Pursuit Of DOJ's Declined Cases Is Vital

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    While a recent Law360 guest article suggests that the U.S. Department of Justice consider dismissing all False Claims Act cases it declines, that policy would undermine the FCA's broad remedial purpose of empowering private citizens to combat fraud against the government, say Jacklyn DeMar at Taxpayers Against Fraud Education Fund and Renée Brooker at Tycko & Zavareei.

  • Revamping Law Firm Marketing Lists — With Partner Buy-In

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    Jackson Lewis’ Paige Bowser shares lessons from the firm's recent overhaul of an outdated email marketing database, including tips for getting partners on board, ensuring compliance with privacy laws and augmenting outreach strategies.

  • Recent High Court Decisions Signify 1st Amendment Direction

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    The U.S. Supreme Court’s recently concluded term saw a flurry of First Amendment cases, providing lessons for how the court, with its 6-3 conservative split, may rule next term on issues of free speech, religious freedom, association rights and more, as questions regarding social media and technological advances loom, says Samuel Mitchell at Michael Best.

  • The Murky World Of Legal Rankings Gets Some Clarity In NJ

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    New Jersey's new, stringent approach to legal rankings will make accolade advertising more transparent, benefiting both attorneys and clients and offering legal marketers a new set of best practices amid evolving standards, say Penny Paul at Lowenstein Sandler and Susan Peters at Greybridge.

  • Series

    Embracing ESG: Cigna Counsel Talks Employee Wellness

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    Building employee well-being into corporate environmental, social and governance priorities required our legal team to focus more closely on cross-functional collaboration within the company and increased communication with our board of directors and shareholders, says Julia Brncic at Cigna.

  • Courts' Clashing Standards For Evidence At Class Cert.: Part 2

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    While federal circuits continue to split on whether to approach fact and expert evidence differently at class certification, and there is no sign of a U.S. Supreme Court ruling to resolve the issue, applying an admissibility standard to one and not the other appears illogical, say attorneys at McGuireWoods.

  • Hybrid Work Models Are Key To Gender Parity In Law Firms

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    To curb the historically high rates of attrition among female lawyers, Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks suggest firms must normalize hybrid work schedules, and they recommend best practices to promote engagement among all attorneys, regardless of where they work.

  • Baltimore Bill Is Most Draconian Facial Recognition Ban Yet

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    Because Baltimore's recently passed bill banning use of facial recognition by private entities goes even further than Portland's ban by imposing criminal penalties and may encourage lawmakers in other jurisdictions, companies need to institute flexible, adaptable biometric privacy compliance frameworks, says David Oberly at Blank Rome.

  • Courts' Clashing Standards For Evidence At Class Cert.: Part 1

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    The Sixth Circuit's recent ruling in Lyngaas v. Ag highlights an ongoing circuit split on whether plaintiffs moving to certify a class must use admissible evidence and whether fact and expert evidence should be treated equivalently in this regard, say attorneys at McGuireWoods.

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