Employment

  • September 10, 2021

    MVP: Morgan Lewis' Nicole A. Buffalano

    Nicole Buffalano of Morgan Lewis & Bockius LLP helped the National Women's Soccer League be the first U.S. professional team sport to take to the field following pandemic shutdowns, guided health care providers through ever-changing COVID-19 protocols, and represented Amazon during the unionization effort at an Alabama facility, earning her a spot as one of Law360's 2021 Employment Law MVPs.

  • September 10, 2021

    Calif. High Court Frees Qualcomm From $6M Burn Verdict

    The California Supreme Court has handed Qualcomm Inc. a win in a suit alleging its negligence contributed to a contractor's employee suffering third-degree burns in an electrical accident, overturning a jury verdict that found the company had retained control over the work area enough to be held liable.

  • September 10, 2021

    Late Filing Dooms Race Bias Suit Against Verizon, CWA

    A New York federal court dismissed a proposed collective action lodged against Verizon Communications Inc. and a labor union by ex-employees who said the company kept a "hit list" of Black women with vested pensions, holding that their suit was filed too late.

  • September 10, 2021

    Union Sues Concrete Co. Alleging $1.3M In Unpaid Benefits

    A Chicago union representing construction workers accused a concrete company of failing to pay $1.3 million in fringe benefits and over $639,000 in unpaid wages, saying the company violated an order from a joint adjustment board established under a collective bargaining agreement.

  • September 10, 2021

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen DLA Piper sue a private equity firm, U.K. pharmacy giant Boots facing a mass equal pay claim, and Quinn Emanuel Urquhart & Sullivan UK LLP targeted by a Russian billionaire. Here, Law360 looks at those and other new claims in the U.K.

  • September 10, 2021

    NY Giants, Ex-Staffer Fight For 'Last Word' In 'Strangle' Suit

    A fired New York Giants video director who claims the team's general counsel threatened to "strangle" him is using improper filings in an attempt to have the "last word" before a New Jersey state court decides whether to dismiss the suit, the team and lawyer said Thursday.

  • September 10, 2021

    Victims' Rights Firm Accused Of Firing Atty For Taking Leave

    A former senior associate at C.A. Goldberg PLLC, a New York-based firm that bills itself as representing clients targeted by "pervs" and "trolls," slapped the victims' rights outfit with a lawsuit alleging she was denied a bonus, shamed and fired for taking maternity leave.

  • September 10, 2021

    Pandemic, Cyberattacks Fuel Demand For Insurance Attys

    The rise of COVID-19 business-interruption coverage disputes, unpredictable cyberattacks and natural disasters, along with what legal experts call a hard insurance market, has boosted the demand for insurance attorneys and spurred stiff competition for talent.

  • September 09, 2021

    Sacramento Teachers File Calif. OSHA Complaint Over COVID

    The Sacramento City Teachers Association lodged a complaint with California's Occupational Safety and Health Administration alleging that the school district mishandled a COVID-19 breakout at an elementary school and accusing the district of encouraging staff members to report to work even if they had symptoms.

  • September 09, 2021

    NY AG Goes After No-Poach Pacts In Title Insurance Industry

    New York Attorney General Letitia James reached a deal Thursday with Old Republic National Title Insurance Co. that requires the company to stop agreeing with independent insurance agencies to not hire workers from one another and obligating it to cooperate with an ongoing probe of the industry.

  • September 09, 2021

    Texas Panel Ends Lecturer's Retaliation Suit Against UT Dallas

    A split Texas appellate panel said a former University of Texas at Dallas lecturer didn't back up with evidence his claim that he was fired in retaliation for reporting allegations that his supervisor had sexually harassed female research assistants.

  • September 09, 2021

    Calif., Rail Unions Tell 9th Circ. Sick Leave Law Not Preempted

    California's labor commissioner and rail workers' unions have told the Ninth Circuit that the state's paid sick leave law does not run afoul of federal law nor does it interfere with interstate commerce, and that railroads should be subject to the law just like any other employer operating in the Golden State.

  • September 09, 2021

    11th Circ. Nixes Emory Doctor's Race Bias Suit

    The Eleventh Circuit on Thursday said a former Emory University radiation oncology resident from Ghana failed to provide evidence that he was let go from the position because of his race and African descent.

  • September 09, 2021

    DynCorp Whistleblower Says Disclosure Bar Doesn't Apply

    A whistleblower who has accused DynCorp International of overcharging the Army under a massive logistics contract told a Texas federal court that he should not be tossed from the case, saying the False Claims Act's public disclosure bar didn't apply.

  • September 09, 2021

    Ethan Allen Benefits Manager Can't Escape Bias Suit

    A Pennsylvania federal court has refused to release an Ethan Allen Retail Inc. benefits manager from a former employee's lawsuit claiming the interior design company and certain supervisors discriminated against her and replaced her after she took leave to heal from foot surgery.

  • September 09, 2021

    MVP: Cohen Milstein's Joseph M. Sellers

    Joseph Sellers of Cohen Milstein Sellers & Toll PLLC's employment practice led a class of flight service specialists to a $44 million settlement with the Federal Aviation Administration to end one of the federal government's largest age bias payouts, earning him a spot as one of Law360's 2021 Employment MVPs.

  • September 08, 2021

    No Warrant Needed For IP Address Data, 7th Circ. Rules

    Law enforcement doesn't need a search warrant before using surveillance devices to see the IP addresses visited by a criminal suspect, the Seventh Circuit ruled Wednesday, saying a disgruntled employee convicted of lobbing cyberattacks at his former company has no expectation of privacy in the captured routing information.

  • September 08, 2021

    Report Shows Staffing Fluctuations At State Insurance Depts.

    Staff counts at some state insurance agencies have fluctuated dramatically since 2016, according to data published Wednesday by the National Association of Insurance Commissioners, despite only a modest overall staff increase in the last year.

  • September 08, 2021

    9th Circ. Upholds Feds' Win In Tribal Health Exec's Firing Suit

    The Ninth Circuit has upheld a lower court ruling granting a quick win to the federal government in a suit by a former executive for the Sauk-Suiattle Indian Tribe of Washington's health clinic, saying he failed to show that the Federal Tort Claims Act's waiver of sovereign immunity applied to claims that he was fired for whistleblowing about unlawful practices.

  • September 08, 2021

    COVID-19 Litigation Winter Is Coming, Attys Forecast

    Employment suits citing COVID-19 almost doubled in summer 2021 compared to the same period last year, and businesses are likely in for an uptick in pandemic-related suits this winter hinging on issues such as remote work, leave and discrimination, according to lawyers from Fisher Phillips.

  • September 08, 2021

    NFL Says NJ High Court Ruling Can't Save Ex-Player's Suit

    A recent New Jersey high court ruling making it easier to sue employers for failing to accommodate disabilities doesn't help the case of a former NFL player who was barred from wearing a protective visor, the league argued Tuesday.

  • September 08, 2021

    Ex-NFL Team GC Accused Wilkinson Of 'Trickery'

    Court filings unsealed Wednesday revealed that a suit by the Washington Football Team's former general counsel against litigator Beth Wilkinson accused her of lying to glean details about a confidential settlement during her probe into accusations of sexual harassment in the team's front office.

  • September 08, 2021

    Split 3rd Circ. Opens State Law Battle On Amazon Arbitration

    A split Third Circuit panel said Wednesday that courts must first weigh whether employers' arbitration agreements are enforceable under state law before deciding whether federal law shields disputes from arbitration, giving Amazon new leverage to potentially thwart a New Jersey delivery driver's proposed wage-and-hour class action.

  • September 08, 2021

    Ex-Reporter Opposes Paper's 1st Amendment Bid To 3rd Circ.

    Claiming the First Amendment as a defense shouldn’t be the Pittsburgh Post-Gazette’s ticket to a Third Circuit appeal of a Black ex-reporter’s bias lawsuit following her removal from Black Lives Matter coverage, the reporter’s attorney argued to a Pennsylvania federal court Wednesday.

  • September 08, 2021

    5 Years For NY Union Local Leader Convicted In Bribe Scheme

    A Manhattan federal judge sentenced former United Brotherhood of Carpenters boss Salvatore Tagliaferro to five years in prison Wednesday, after a jury convicted the Brooklyn union local head of taking bribes in exchange for memberships in the labor organization.

Expert Analysis

  • Ill. BIPA Ruling Marks Critical Win For Silent Cyber Coverage

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    The Illinois Supreme Court's recent decision in West Bend Mutual v. Krishna Schaumburg Tan, confirming that commercial general liability policies do not have to include specific language to cover claims under the Biometric Information Privacy Act, represents a critical victory for policyholders, but leaves unresolved issues in the battle over BIPA coverage, says Tae Andrews at Miller Friel.

  • China Trade Secret Developments Bring Certainty For US Cos.

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    U.S. companies should welcome recent reforms to Chinese trade secret legislation and case law that make the litigation landscape more plaintiff-friendly and provide clarity on what business information is protectable and what confidentiality measures the law requires, say attorneys at Jones Day.

  • Opinion

    CFAA And The High Court's Fight Against Overcriminalization

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    When confronted with a notoriously broad and somewhat out-of-date statute like the Computer Fraud and Abuse Act, it is important for the judiciary to continue to protect defendants from prosecutors' tortured or extreme readings of these criminal laws — and that's what the U.S. Supreme Court did this month in Van Buren v. U.S., say Harry Sandick and Jacob Chefitz at Patterson Belknap.

  • Stop Networking, Start Relationship Marketing

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    USA 500 Clubs' Joe Chatham offers four tips for lawyers to get started with relationship marketing — an approach to business development that prioritizes authentic connections — and explains why it may be more helpful than traditional networking post-pandemic.

  • Pitfalls To Avoid When Drafting And Enforcing NDAs

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    Recent state and federal court decisions offer lessons for drafting nondisclosure agreements that minimize potential challenges and maximize legal enforceability, say Sonia Baldia and Alexander Borovsky at Kilpatrick.

  • What Attorneys Should Know About Fee Deferral

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    Milestone Consulting’s John Bair explores contingency-fee structuring considerations for attorneys, laying out the advantages — such as tax benefits and income control — as well as caveats and investment options.

  • Predictions On Pandemic's Lasting Impact On Legal Education

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    The pandemic accelerated the pace of technological change for legal education, and some of the changes to how law school courses are taught and on-campus interviews are conducted may be here to stay, says Leonard Baynes at the University of Houston.

  • 5 Steps Oil And Gas Cos. Can Take To Manage Cyber Risk

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    In light of the recent ransomware attack on Colonial Pipeline, oil and gas companies should consider potential legal exposure from cybersecurity breaches, implement plans and procedures for dealing with such incidents, and review vulnerabilities related to external parties, says Valerie Hatami at Conner & Winters.

  • Opinion

    Ill. Noncompete Reform Balances Employee And Biz Interests

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    The noncompete bill recently passed by the Illinois Legislature protects due process for workers while preserving employers' ability to guard business assets — a rare political compromise that may reduce noncompete litigation but increase the chances of enforceability in court, say Peter Steinmeyer and Brian Spang at Epstein Becker.

  • Lawyer Perfectionism Is A Disease We Can Control

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    The pursuit of perfection that is prevalent among lawyers can lead to depression, anxiety and other mental health impacts, but new attorneys and industry leaders alike can take four steps to treat this malady, says Liam Montgomery at Williams & Connolly.

  • 5 Tips To Help Your 2021 Summer Associates Succeed

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    Despite pandemic-related challenges this year, law firms can effectively train summer associates on writing and communicating — without investing more time than they ordinarily would, says Julie Schrager at Schiff Hardin.

  • Weighing Ability To Pay Criminal Fines Amid FCPA Crackdown

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    As Foreign Corrupt Practices Act enforcement is expected to increase under the Biden administration, companies facing scrutiny should assess the reasonableness of fines in the context of their capacity to continue operations, and the potential impacts of filing an inability-to-pay claim, say analysts at Charles River Associates.

  • Pa. Tax Talk: Takeaways From 2 Commonwealth Court Rulings

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    A Pennsylvania appellate court's recent decision in Good Shepherd Rehabilitation v. Allentown sets a positive precedent for other nonprofits subject to Allentown's aggressive tax position, and its recent decision in Mandler v. Commonwealth offers a reminder that some taxes, including payroll withholding taxes, are never dischargeable in bankruptcy, says Jennifer Karpchuk at Chamberlain Hrdlicka.

  • Firms Should Use Surveys To Make Smart Legal Tech Choices

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    The utility of legal technology innovations may be limited without clear data and objectives from the outset, but targeted surveys can provide specific insights that enable law firms to adopt the most appropriate and efficient tech solutions, says Tim Scott at Frogslayer.

  • Mass. Ruling Highlights Exec Employment Pact Pitfalls

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    A Massachusetts court’s recent decision that a job offer letter was not enforceable as a contract in Moore v. LGH Medical reminds employers and executives to avoid reliance on ambiguous representations in written or oral negotiations, say Brian MacDonough and Nancy Shilepsky at Sherin and Lodgen.

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