Employment

  • July 29, 2021

    NY Fed. Judge Sanctions Atty For 'Gratuitous' Motion Practice

    A New York federal judge on Tuesday sanctioned a plaintiff and her attorney who sued the Department of Labor to release an unredacted email related to an employment dispute, with the judge citing repeated attempts to "obtain in discovery the very relief sought in plaintiff's complaint" and multiple duplicative motions trying to relitigate court orders.

  • July 29, 2021

    DeVos Sex Assault Rule Largely Upheld By Mass. Judge

    A Massachusetts federal judge on Wednesday largely upheld a Trump-era sexual assault rule for college students that advocates fear would have a chilling effect on reporting, but the judge did say that the U.S. Department of Education went too far in barring any statements that were not subject to cross-examination.

  • July 29, 2021

    Fulton County DA's Office Wants Out Of Sex Harassment Suit

    The Fulton County District Attorney's Office has urged a Georgia federal court to allow it to duck claims by a former human resources director and office manager related to allegations that a former district attorney sexually harassed her, asserting that the woman is trying to split claims over two separate cases.

  • July 29, 2021

    Black Administrator Fired By Pa. Private School Blames Bias

    The former head of admissions at a Pittsburgh-area private school said racial bias was behind his firing in July, amid a backlash against the perceived influence of "critical race theory" at the school that led to the dismissal of the school's only Black administrators, according to a lawsuit filed against the school in Pennsylvania federal court.

  • July 29, 2021

    1st Circ. Sizes Up Wayfair's Internal Probe Of Harassment

    A First Circuit judge questioned Wayfair LLC on Thursday on the thoroughness of its investigation into a female employee's claims of sexual harassment, prompting the e-commerce company to admit its internal probe never tried to corroborate the claims by asking if its worker had told others about the incidents.

  • July 29, 2021

    5th Circ. Won't Rehear UT Austin Age Bias Suit

    The Fifth Circuit is keeping intact an earlier opinion that a job applicant and a fired employee of the University of Texas at Austin couldn't rely on higher-ups' purportedly ageist comments to sustain their discrimination and retaliation claims.

  • July 28, 2021

    McDonald's Workers Lose Cert. Bid In No-Poach Dispute

    An Illinois federal judge declined Wednesday to certify a nationwide class of McDonald's workers challenging no-poach provisions in franchise agreements, finding that the workers weren't all members of the same national labor market.

  • July 28, 2021

    Northrop Grumman Must Face Manager's Sex Harassment Suit

    A Kansas federal judge on Tuesday said defense contractor Northrop Grumman must face a former manager's lawsuit alleging four male co-workers, including her supervisor, created a hostile work environment that resulted in her sexual harassment, discrimination and retaliation, finding that the woman had sufficiently alleged her firing was pretextual.

  • July 28, 2021

    Ex-CEO Laid Off Workers Before Alleged IP Theft, Jury Told

    Applied Materials Inc.'s former CEO took the stand Wednesday in a California federal jury trial over criminal charges that four ex-employees stole trade secrets to launch a startup, testifying that he shut down their division and rejected their pitch to license Applied's IP for $8 million before they allegedly stole it.

  • July 28, 2021

    Senate Votes To Debate $1.2T Bipartisan Infrastructure Bill

    The U.S. Senate voted Wednesday to move forward with debate on an estimated $1.2 trillion infrastructure proposal after a bipartisan group of senators reached a deal earlier in the day on major outstanding issues in a scramble to finalize legislation comprising key parts of President Joe Biden's economic agenda.

  • July 28, 2021

    Reggie Bush Won't Get Heisman Back Despite NCAA Reforms

    Former University of Southern California running back Reggie Bush and others stripped of awards or records by the NCAA for receiving impermissible benefits while in school will not see them restored, despite a recent rule change allowing name, image and likeness pay, the NCAA said Wednesday.

  • July 28, 2021

    Auto Co. Settles EEOC Suit Over Chemo Discrimination

    The U.S. Equal Employment Opportunity Commission informed a Texas federal court that an auto recycler has agreed to pay a former employee $90,000 to resolve claims it illegally fired her during chemotherapy treatment instead of making reasonable accommodations.

  • July 28, 2021

    Mass. Judge Axes Wage Suit Against Au Pair Agency

    A Massachusetts federal judge dismissed child care consultants' proposed class claims that an au pair agency illegally denied them minimum wage, saying the workers, who had provided "inconsistent" testimony, hadn't shown they were underpaid.

  • July 28, 2021

    Soccer League To Settle Age Limit Suit If Judge Voids Rulings

    The National Women's Soccer League agreed on Wednesday to give up a Ninth Circuit attempt to nix 15-year-old soccer prodigy Olivia Moultrie's professional contract, as long as an Oregon federal judge vacates a number of opinions that took issue with the league's age restrictions.

  • July 28, 2021

    NJ Hospital Ducks Disability Bias Suit At 3rd Circ.

    The Third Circuit has refused to revive a nurse's disability bias suit against a New Jersey hospital, backing a lower court's decision that a jury couldn't find that her former employer's reason for letting her go was just a smokescreen for discrimination.

  • July 28, 2021

    Deloitte Can't Strip Class Claims From Maternity Leave Suit

    A Manhattan federal judge declined Wednesday to strike class action claims from a former Deloitte cybersecurity expert's suit alleging that she was fired from her role as a senior manager because she took full maternity leave.

  • July 28, 2021

    Mass. Top Court May Help 1st Circ. Decide 7-Eleven Wage Suit

    The First Circuit on Wednesday suggested it might turn to Massachusetts' top court to help sort out whether 7-Eleven franchisees should be classified as employers under the state's Wage Act.

  • July 28, 2021

    Activision Taps WilmerHale For Bias Probe After Lawsuit

    Games maker Activision Blizzard has retained WilmerHale to investigate its workplace culture after a California agency filed a lawsuit accusing the company of widespread sexism and harassment.

  • July 27, 2021

    DOJ Won't Defend GOP Rep. Mo Brooks In Capitol Riot Case

    The U.S. Department of Justice told a D.C. federal court Tuesday that it wouldn't be defending Rep. Mo Brooks in a lawsuit accusing him of helping to incite the Jan. 6 Capitol insurrection, saying the Alabama Republican hadn't acted within the scope of his office.

  • July 27, 2021

    IP Pirates Or Workers Pushed Overboard? Jury Must Decide

    Prosecutors told a California federal jury during trial openings Tuesday that four former Applied Materials employees stole LCD chip technology trade secrets to launch a startup, while defense counsel said Applied's top brass planned to lay off their division and encouraged them to find investors to fund a spinoff entity.

  • July 27, 2021

    Calif. High Court Clears Up FEHA Statute Of Limitations Issue

    The California Supreme Court on Monday revived a woman's claim that she was denied a promotion after turning down her boss' sexual advances, finding the state Fair Employment and Housing Act's statute of limitations requires a lower court to determine when she learned she wasn't getting promoted.

  • July 27, 2021

    Union Defends Arbitration Award In NYC Hotel Mortgage Fight

    A New York hospitality union has asked a federal court not to vacate an arbitrator's award finding that a Manhattan hotel violated their contract through a mortgage that didn't require the lender to recognize the union in the event of default and repossession.

  • July 27, 2021

    Cohen Weiss Partner Tapped For DOL Benefits Chief

    The Biden administration announced Tuesday that it has nominated Cohen Weiss & Simon LLP partner Lisa Gomez to lead the U.S. Department of Labor's employee benefits unit, which produces and enforces the federal regulations that apply to employer-provided retirement and health care plans.

  • July 27, 2021

    NCAA Athletes Say Name, Image 'Experiment' Proves Case

    The explosive growth of opportunities for college athletes to cash in on their names, images and likenesses since the NCAA suspended rules limiting such pay is a living experiment that is proving that college athletes have tremendous value that NCAA rules unnecessarily restrict, athletes challenging the rules say.

  • July 27, 2021

    NY Giants GC Rips 'Strangle' Threat Suit As Misleading

    The New York Giants called on a New Jersey state court Tuesday to throw out a fired video director's whistleblower suit over his alleged workplace violence complaints, saying he has misrepresented remarks by the team's general counsel in claiming the executive threatened to "strangle" him if he shared confidential information.

Expert Analysis

  • 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.

  • 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.

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