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Employment
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May 14, 2024
Mass. Pot Shop Ordered To Recognize Union, Rehire Workers
A Massachusetts cannabis retailer found to have engaged in union busting must recognize and bargain with a United Food and Commercial Workers local and offer to rehire two fired union supporters, a federal judge ordered Tuesday.
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May 14, 2024
Delays Justified Dismissing Malpractice Suit, Firms Tell NJ Panel
Two New Jersey law firms said a lower court got it right when it threw out malpractice claims against them due to the plaintiffs' failure to comply with discovery demands, arguing on Tuesday to a New Jersey state appeals court that the plaintiffs' delay in producing discovery and filing amended complaints was prejudicial.
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May 14, 2024
Mexican Mine Labor Row Ruled Outside Trade Pact's Scope
An international tribunal formed under the U.S.-Mexico-Canada Agreement declined to examine if workers at a Mexican mine were denied collective bargaining rights, finding that much of the 17-year dispute had already been decided under now-defunct labor laws.
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May 14, 2024
Vince McMahon Calls Accuser Hypocritical In Arbitration Push
Embattled World Wrestling Entertainment Inc. founder Vince McMahon has characterized a former employee's bid to strike his preliminary statement from her lawsuit as meritless hypocrisy, a move that comes roughly four months after she first lodged the shocking complaint against him alleging abuse and trafficking.
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May 14, 2024
California Pot Worker's Suit Alleges Slurs, Unpaid Overtime
A former worker for a cannabis cultivator and distributor is suing his former employer in California state court, saying he was fired in retaliation for reporting a work environment rife with racial discrimination.
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May 14, 2024
Republican AGs Say EEOC Harassment Guidance Oversteps
A coalition of 18 Republican state attorneys general asked a Tennessee federal judge to scrap recently finalized guidance on workplace harassment issued by the U.S. Equal Employment Opportunity Commission, arguing its protections surrounding gender identity amount to government overreach.
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May 13, 2024
Tesla Threatened To Fire Holland & Knight, Law Prof Says
Tesla tried to bully a law professor out of filing an amicus brief in investors' suit over Elon Musk's $56 billion compensation plan, in part by threatening to fire the company's longtime outside counsel at Holland & Knight LLP if the professor submitted his brief, according to a filing Monday in Delaware.
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May 13, 2024
Chamber Asks Texas Judge To Stop FTC Noncompete Ban
The U.S. Chamber of Commerce asked a Texas federal judge to issue a court order stopping the Federal Trade Commission's new noncompete rule from going into effect while litigation challenging the ban plays out, arguing the rule's enforcement would irreparably harm businesses and their employees.
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May 13, 2024
'Grinch' Is Not A Protected Class, HHS Tells 4th Circ.
The U.S. Department of Health and Human Services has urged the Fourth Circuit to reject a chemist's discrimination, hostile work environment and retaliation claims, arguing that "Grinch" is not a protected class and federal law doesn't protect an individual "from not being well-liked in the workplace."
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May 13, 2024
Boston Federal Judge To Be Witness In City Harassment Case
A former Boston city employee will be allowed to call a senior federal judge to testify about a conversation the two had months before she reported being sexually harassed by a former city health director, a state court has ruled.
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May 13, 2024
Ariz. Casino Can't Claim Immunity In Discrimination Row
Sovereign immunity can't protect a Harrah's casino operated on Arizona Native American lands from a discrimination lawsuit filed by five former employees, a federal judge said, arguing that the for-profit corporation is formed under the laws of the state, not those of the tribal community.
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May 13, 2024
Tesla Resolves Ex-Worker's Sex Harassment Suit
Tesla reached a deal with a former production associate to end her lawsuit accusing the company of firing her after she reported that she had been sexually harassed at work, according to a filing Monday in California federal court.
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May 13, 2024
Medical Pot Patient Drops Discrimination Suit Against US Steel
A former U.S. Steel Corp. employee who says he was wrongly fired for using medically licensed marijuana off the job has quietly dropped his race and disability discrimination suit against the company, according to a filing in Pennsylvania federal court.
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May 13, 2024
Calif. Jury Awards Ex-UCLA Doctor $14M In 2nd Bias Trial
A California state jury awarded $14 million to a former UCLA oncologist and professor who said she was discriminated against and constructively discharged from her job due to her gender, four years after the state appeals court threw out a $13 million jury verdict from the first trial.
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May 13, 2024
Celebrated Irish Jockey Sues USCIS For Denying EB-1 Visa
An accomplished jockey and steeplechase champion from Ireland is suing U.S. Citizenship and Immigration Services in Pennsylvania federal court, alleging that the agency wrongly denied his 390-plus page application for an EB-1 visa because he didn't respond to a request for additional evidence despite the original petition having ample evidence to support the classification.
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May 13, 2024
DOL Says Policy Disagreement Not Enough To Nix H-2A Rule
The U.S. Department of Labor rejected a group of farms' criticisms of new H-2A agricultural wages as a mere policy disagreement, telling a North Carolina federal court that the rule was appropriately enacted after taking stock of its potential financial effects.
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May 13, 2024
NJ Justices Hold Contract Supersedes Real Estate Wage Law
The contract a real estate agent signed deeming him an independent contractor is enough to resolve his claims of improper wage deductions, the New Jersey Supreme Court ruled Monday, saying that a state three-prong test doesn't need to apply.
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May 13, 2024
11th Circ. Says Ga. County's Trans Health Ban Violates Title VII
A split Eleventh Circuit panel upheld a win Monday for a transgender sheriff's deputy who challenged a Georgia county health plan's refusal to pay for gender-affirmation surgery, ruling the coverage exclusion violated federal anti-discrimination law.
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May 13, 2024
Workers Want $775K In Atty Fees After Multistate Wage Verdict
An attorney who secured a six-figure judgment in a multistate wage class action against an Apple-affiliated repair company has asked for more than $775,000 in fees, citing her opponents' "aggressive" litigation tactics and the significant risk she incurred in taking on the case.
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May 13, 2024
Uber, Lyft Put Driver Work Fight In Reverse As Trial Begins
A high-stakes battle over the employment status of drivers for Uber and Lyft kicked off in Massachusetts on Monday, as the companies sought to flip the government allegations by arguing that the ride-hailing giants work for their drivers, not the other way around.
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May 13, 2024
Catching Up With Delaware's Chancery Court
Sunken treasure, recycled plastics, questionable denim and dog food all made appearances in Chancery Court dockets last week, along with developments in cases involving Qualcomm, Tesla Inc., and Truth Social. In case you missed it, here's the latest from Delaware's Chancery Court.
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May 13, 2024
NJ Firm's Former Exec Says Home Purchase Not Tied To Theft
A previous McElroy Deutsch executive is fighting a claim on her house after her husband, another former firm leader, copped to stealing $1.5 million, arguing his theft began after January 2017 and therefore the firm could not show funds were used to purchase their New Jersey home in 2016.
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May 13, 2024
High Court Skips White Law Prof's Bias Suits Against HBCU
The U.S. Supreme Court said Monday that it won't review a white former law professor's unsuccessful suits alleging she was harassed out of her job for challenging race-and-gender-based wage inequities at a historically Black university, despite her argument that the Fifth Circuit flouted precedent when it axed her complaints.
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May 13, 2024
Rail Worker Wage Case Won't Get High Court Review
The U.S. Supreme Court won't intervene in a pending Massachusetts lawsuit against the operator of a freight rail line over whether its employees are covered by the state's Prevailing Wage Act, declining Monday to review the case.
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May 13, 2024
High Court Won't Consider Ex-Tufts Prof's Retaliation Suit
The U.S. Supreme Court declined Monday to review a lawsuit brought by a former Tufts University dental professor who said the First Circuit ignored crucial evidence and relied on false information when it shut down claims that she lost a promotion for reporting sexual harassment.
Expert Analysis
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5 Ways To Hone Deposition Skills And Improve Results
Excerpt from Practical Guidance
Depositions must never be taken for granted in the preparations needed to win a dispositive motion or a trial, and five best practices, including knowing when to hire a videographer, can significantly improve outcomes, says James Argionis at Cozen O'Connor.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Navigating Trade Secret Litigation In A High-Stakes Landscape
Recent eye-popping verdicts are becoming increasingly common in trade secret litigation — but employers can take several proactive steps to protect proprietary information and defend against misappropriation accusations in order to avoid becoming the next headline, say Jessica Mason and Jack FitzGerald at Foley & Lardner.
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Opinion
UK Whistleblowers Flock To The US For Good Reason
The U.K. Serious Fraud Office director recently brought renewed attention to the differences between the U.K. and U.S. whistleblower regimes — differences that may make reporting to U.S. agencies a better and safer option for U.K. whistleblowers, and show why U.K. whistleblower laws need to be improved, say Benjamin Calitri and Kate Reeves at Kohn Kohn.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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Opinion
There Is No NCAA Supremacy Clause, Especially For NIL
A recent Tennessee federal court ruling illustrates the NCAA's problematic position that its member schools should violate state law rather than its rules — and the organization's legal history with the dormant commerce clause raises a fundamental constitutional issue that will have to be resolved before attorneys can navigate NIL with confidence, says Patrick O’Donnell at HWG.
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Employer Pointers As Wage And Hour AI Risks Emerge
Following the Biden administration's executive order on artificial intelligence, employers using or considering artificial intelligence tools should carefully assess whether such use could increase their exposure to liability under federal and state wage and hour laws, and be wary of algorithmic discrimination, bias and inaccurate or incomplete reporting, say attorneys at ArentFox Schiff.
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The Pros And Cons Of Protecting AI As Trade Secrets
Despite regulatory trends toward greater transparency of artificial intelligence models, federal policy acknowledges, and perhaps endorses, trade secret protection for AI information, but there are still hurdles in keeping AI information a secret, say Jennifer Maisel and Andrew Stewart at Rothwell Figg.
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Complying With Enforcers' Ephemeral Messaging Guidance
Given federal antitrust enforcers’ recently issued guidance on ephemeral messaging applications, organizations must take a proactive approach to preserving short-lived communications — or risk criminal obstruction charges and civil discovery sanctions, say attorneys at Manatt.
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Race Bias Defense Considerations After 11th Circ. Ruling
In Tynes v. Florida Department of Juvenile Justice, the Eleventh Circuit affirmed that the McDonnell Douglas test for employment discrimination cases is merely an evidentiary framework, so employers relying on it as a substantive standard of liability may need to rethink their litigation strategy, says Helen Jay at Phelps Dunbar.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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How Echoing Techniques Can Derail Witnesses At Deposition
Before depositions, defense attorneys must prepare witnesses to recognize covert echoing techniques that may be used by opposing counsel to lower their defenses and elicit sensitive information — potentially leading to nuclear settlements and verdicts, say Bill Kanasky and Steve Wood at Courtroom Sciences.
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6 Ways To Minimize Risk, Remain Respectful During Layoffs
With a recent Resume Builder survey finding that 38% of companies expect to lay off employees this year, now is a good time for employers to review several strategies that can help mitigate legal risks and maintain compassion in the reduction-in-force process, says Sahara Pynes at Fox Rothschild.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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NYC Workplace AI Regulation Has Been Largely Insignificant
Though a Cornell University study suggests that a New York City law intended to regulate artificial intelligence in the workplace has had an underwhelming impact, the law may still help shape the city's future AI regulation efforts, say Reid Skibell and Nathan Ades at Glenn Agre.