Employment

  • September 16, 2021

    1st Circ. Revives Ex-Walmart Greeter's Disability Bias Battle

    The First Circuit reinstated a former Walmart greeter's lawsuit alleging the retail giant sacked her for taking time away to manage an injury she suffered on the job, finding "ambiguous job requirements" and "unclear expectations" supported her case.

  • September 15, 2021

    Alleged Colombo Boss Among 14 Charged In Union Scheme

    Alleged Colombo family boss Andrew "Mush" Russo is among 14 charged in a sprawling criminal case that includes allegations of racketeering, extortion and money laundering connected to an attempt to control a labor union and its health care benefits program, according to an indictment unsealed in New York federal court Tuesday.

  • September 15, 2021

    11th Circ. Revives FLSA Suit Over Nontipped Work At Denny's

    The Eleventh Circuit on Wednesday reversed an early win for restaurant chain Denny's in a Fair Labor Standards Act fight with a former worker, ruling there are enough disputed facts regarding how many nontipped tasks the worker performed to send the case to trial.

  • September 15, 2021

    Littler Settles Dispute Over Allegedly Filched Copyrights

    Employment law powerhouse Littler Mendelson and the Center for Workplace Compliance have settled their dispute over allegations that Littler stole 2,100 pages of proprietary material from CWC to use to its own advantage.

  • September 15, 2021

    1st Circ. Mulls If Whole Foods Workers' BLM View Covers KKK

    Whole Foods workers disciplined for wearing Black Lives Matter masks urged a First Circuit panel Wednesday to revive their race bias case, but one judge wondered if their expansive legal theory might also prevent a hypothetical employer from banning Ku Klux Klan messaging in the workplace.

  • September 15, 2021

    NY Judge Preserves Trucker's Fraud Claim Against CBD Co.

    A New York federal judge dismissed a racketeering claim filed by a trucker against a CBD company that he says cost him his job when he failed a drug test after sampling its product, but the suit's state-fraud claim has been preserved.

  • September 15, 2021

    Colo. Timeshare Brokers Win Class Cert. In Overtime Suit

    A Colorado federal judge has granted conditional class certification to sales brokers who claim they were denied overtime wages and other benefits by a timeshare resort business that called them independent contractors rather than employees. 

  • September 15, 2021

    Black Officers' Hiring Bias Claims Won't Get Class Treatment

    An Illinois federal judge refused to give class treatment to a group of Cook County correctional officers' claims that the county's hiring process discriminates against African American applicants, saying the officers' allegations can't be proved with common evidence.

  • September 15, 2021

    Doctor Group Asks 7th Circ. To Revive Antitrust Suit

    An Illinois federal judge relied too heavily on her own opinions when she threw out an antitrust suit claiming a nonprofit that oversees a group of medical specialty certification boards colluded with hospitals and insurers to force doctors to pay for recertification programs, a physicians organization told the Seventh Circuit on Wednesday.

  • September 15, 2021

    Delta Asks Justices To Hear 'Untenable' Calif. Pay Stubs Fight

    Delta Air Lines has asked the U.S. Supreme Court to review a Ninth Circuit decision reviving proposed class claims that the airline violated California's wage statement and timekeeping regulations, saying the decision interferes with federal laws governing interstate travel and commerce.

  • September 15, 2021

    Ex-Quinn Emanuel Worker Says Racism Suit Isn't Time-Barred

    A Hispanic former tech employee at Quinn Emanuel Urquhart & Sullivan LLP argued Tuesday that his claims of a hostile work environment, retaliation and discrimination were timely and plausibly alleged in a response to the firm's motion to dismiss his New York federal suit, adding that the defendants "downplay and ignore facts" and "deliberately overlook" the law.

  • September 15, 2021

    SEC Whistleblower Bounty Program Hits $1B Milestone

    The U.S. Securities and Exchange Commission on Wednesday said it has now paid more than $1 billion to whistleblowers, a milestone that follows an unprecedented acceleration in the pace of payouts since last summer that's been bolstered by the "pro-whistleblower" stance from new SEC leadership.

  • September 15, 2021

    Omnicare To Pay $1M To Settle Drivers' Misclassification Suit

    CVS Health Corp. subsidiary Omnicare will pay $1 million to a group of delivery drivers who claimed the company misclassified them as independent contractors and denied them overtime, after a Kentucky federal judge approved the deal.

  • September 14, 2021

    Pittsburgh Newspaper Can't Get Quick 1st Amendment Appeal

    A Pennsylvania federal judge on Tuesday rejected a bid by the Pittsburgh Post-Gazette to fast-track its appeal of his decision denying the newspaper's motion to dismiss a Black reporter's racial bias and retaliation lawsuit, finding that the paper fell short of meeting the criteria needed for an interlocutory appeal.

  • September 14, 2021

    7th Circ. Hints Labor Law May Preempt BIPA Claims

    The Seventh Circuit suggested during oral argument Tuesday that a lower court rightly applied a Railway Labor Act preemption ruling to find a group of union-represented employees' biometric privacy claims similarly blocked under the Labor Management Relations Act.

  • September 14, 2021

    Hemp Workers Nab Conditional Cert. Of 2 Classes In Pay Row

    An Ohio federal judge on Tuesday partially granted conditional certification of two classes of workers in a suit against a network of entities that allegedly hired but never paid workers at a Cleveland industrial hemp facility, finding they've met their burden at this stage of the litigation.

  • September 14, 2021

    Attorney Tells 1st Circ. His Sex Bias Suit Belongs In Court

    An attorney who lodged a sex discrimination lawsuit against Preti Flaherty Beliveau and Pachios LLP claiming he was fired for taking parental leave told the First Circuit that a lower court relied on outdated case law and exceeded its authority when it sent his case to arbitration.

  • September 14, 2021

    NCAA Must Face Race Bias Suit Over Academic Penalty Rule

    Two former NCAA basketball players have sufficiently claimed the organization's Academic Performance Program discriminates against student-athletes at historically Black colleges and universities, an Indiana federal judge held Monday in keeping alive a proposed class action.

  • September 14, 2021

    7th Circ. Weighs Asking Ill. Justices To Tackle BIPA Accrual

    The Seventh Circuit signaled Tuesday that it might be appropriate to send a biometric privacy case against White Castle to state court so the Illinois Supreme Court can determine when claims accrue under the state Biometric Information Privacy Act.

  • September 14, 2021

    Ex-Rice Exec Says He Ditched Conflicts Before He Was Fired

    A former Rice Energy executive told a Pennsylvania federal court that he had divested all his shares of contractors with the company before Rice fired him over an alleged conflict of interest, and he argued Tuesday that he should have a chance to show that the oil and gas company's cited reasons for firing him were a pretext for its racial discrimination.

  • September 14, 2021

    Uber Wins Bid To Arbitrate Drivers' Wage Claims

    Uber can send to arbitration a suit in which drivers alleged that the company misclassified them as independent contractors, after a federal judge found Tuesday that the drivers rarely engaged in interstate commerce and thus were not exempt from federal arbitration requirements under a carveout for interstate transportation workers.

  • September 14, 2021

    Ex-NHLer Fired For Lewd Joke Drops Suit Against NBC

    An NHL-player-turned-NBC-analyst on Tuesday dropped the remainder of the discrimination suit he leveled against the network and his old boss there after being fired for making off-color comments about a female co-worker, a New York federal court filing shows.

  • September 14, 2021

    Ga. Judge Weighs Injunction Against Insurance Executive

    A Georgia federal judge said Tuesday that the fate of insurance underwriting firm ISC Holdings' effort to permanently enjoin its former chief underwriting officer from competing with it may come down to how the idea of competition between the two is defined.

  • September 14, 2021

    Formosa Plastics To Pay $2.8M For Texas Fires, Explosions

    Formosa Plastics Corp. has agreed to pay a $2.85 million civil penalty to settle 20 Clean Air Act allegations related to a series of fires and explosions at one of its petrochemical plants in Texas.

  • September 14, 2021

    These Firms Have The Most Women In Equity Partnerships

    Many law firms are seeing only modest progress as they seek to close the gender gap in their top ranks. But these firms are working to shake up that reality and forging a path to progress.

Expert Analysis

  • What Cartel Enforcement Under Biden's DOJ Might Look Like

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    While President Joe Biden did not mention cartel enforcement in his recent competition executive order and has yet to appoint a new leader for the U.S. Department of Justice's Antitrust Division, policies from previous administrations may provide insight on where enforcement initiatives are headed, say attorneys at Hunton.

  • How Law Firms Can Market To Growing Hispanic Community

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    Hispanics constitute one of the fastest growing minority populations in the U.S., and with a young median age and broad technology use, forward-looking firms should consider digital marketing strategies to build a loyal client base, say Natalie Fragkouli and Liel Levy at Nanato Media.

  • 3 Keys To Winning Your Next Oral Argument

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    To leverage the unique opportunity oral arguments provide to talk directly to judges and contribute to their decision making, attorneys must mind the three hallmarks of persuasiveness: projecting credibility, exuding likability and gaining the listener's trust, says Daniel Karon at Karon LLC.

  • Opinion

    High Court NCAA Antitrust Ruling Will Not Help Naomi Osaka

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    Although the U.S. Supreme Court's recent NCAA v. Alston decision, that restrictions on student-athlete compensation violate antitrust laws, might enable tennis player Naomi Osaka to challenge professional women's tennis's post-match interview rule, a closer examination suggests that this theoretical antitrust claim would fail, says Jack Lerner at Levin & Glasser.

  • Keys To Efficient And Accurate Doc Review For E-Discovery

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    Attorneys involved in e-discovery can review information accurately and cost-effectively by understanding the data in a document collection and identifying its key pitfalls, drafting comprehensive review guidelines, and preparing ahead, says John Wertelet at Eckert Seamans.

  • Series

    Embracing ESG: Raytheon GC Talks Climate Change

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    Now that the climate crisis is seen as an existential threat, the stakes couldn't be higher — or the challenges more daunting — for the general counsel, who must enlist all parts of the company for support while providing both a legal and ethical road map on how to respond, says Frank Jimenez at Raytheon.

  • The Changing Pennsylvania Tax Landscape For Remote Work

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    Businesses with employees in Pennsylvania should be prepared to adapt to a post-COVID-19 world now that temporary guidance regarding remote work has expired and pre-pandemic rules regarding employment tax withholding and nexus have been applied, say Wendi Kotzen and Christopher Jones at Ballard Spahr.

  • Justices' Cedar Point Ruling May Inspire More Takings Claims

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    The U.S. Supreme Court's decision in Cedar Point Nursery v. Hassid, finding that a California law granting union organizers access to private property was a government taking, provides landowners with a new weapon to fight a broad range of government regulations, says Ryan Sugden at Stinson.

  • Mass. Ruling A Cautionary Tale For Attorneys Changing Firms

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    The Massachusetts high court's recent ruling in Governo v. Bergeron, that lawyers could be held liable for unfair competition with a former firm, highlights important considerations for departing attorneys soliciting clients to come with them, say Mariana Korsunsky and Gary Ronan at Goulston & Storrs.

  • Opinion

    DOJ Should Weigh Dismissing Every Nonintervened FCA Suit

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    When the U.S. Department of Justice chooses not to intervene in a False Claims Act qui tam lawsuit, it should also evaluate whether dismissal would be appropriate, before defendants, courts and the government spend significant resources on litigation that's unlikely to be successful, say attorneys at DLA Piper.

  • How High Court Clarified Off-Campus Student Speech Rights

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    As social media and online learning erode the boundaries between students' on- and off-campus behavior, the U.S. Supreme Court's recent decision in Mahanoy Area School District v. B.L. will help provide lower courts and schools with some clarity on how to approach off-campus speech and First Amendment rights, say Joseph Kenney and Amanda Harding at Sauder Schelkopf.

  • Next Steps For Cos. After High Court Patent Assignor Ruling

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    Following the U.S. Supreme Court's recent decision in Minerva v. Hologic limiting a doctrine that bars patent assignors from attacking the validity of patent rights, attorneys at Paul Hastings offer several practical tips for employers, litigants, and parties prosecuting applications from acquired portfolios.

  • How To Avert Media Narrative And Get A Fair High-Stakes Trial

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    Corporate defendants in bet-the-company litigation may face an uphill battle to a fair trial when the media paints an entire industry, and every entity within it, as a villain — but some strategic tools can help build a more constructive defense and counteract damaging outside spin, says Jessie Zeigler at Bass Berry.

  • Compliance Solutions For Pandemic-Related Fraud Risks

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    As organizations embark on post-pandemic business operations, individuals charged with governance should examine their anti-fraud compliance programs with an eye toward new risks associated with vendor contracts, financial reports and company culture, say Matt Rutter and Rachel Berk at Charles River Associates.

  • Opinion

    State Courts' Stark Lack Of Diversity Demands Action

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    With state judiciaries lagging their federal counterparts in demographic and professional diversity, law firms, state bar associations and other stakeholders should help build a path for more people with diverse backgrounds to become state judges, say Janna Adelstein and Alicia Bannon at the Brennan Center for Justice.

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