Employment

  • June 08, 2021

    DOJ Carries On Trump's Appeal In Rape Defamation Case

    The U.S. Department of Justice has maintained its defense of Donald Trump in a defamation suit brought by a woman who accused him of rape, the latest in a series of controversial decisions by the DOJ to adhere to the prior administration's positions on cases implicating the former president.

  • June 08, 2021

    Suit Says Pa. School District Didn't Tally Women's Experience

    A Philadelphia-area school district credited male teachers for years of education and experience when calculating their pay scales but failed to do the same for female teachers, according to a proposed collective action filed Tuesday in Pennsylvania federal court.

  • June 08, 2021

    3rd Circ. Revives Trade Secrets Suit Against Aurobindo

    The Third Circuit revived a pharmaceutical laboratory's trade secrets lawsuit against a former executive and Aurobindo Pharma units on Tuesday, ruling that a district court applied an improperly heavy burden on the lab to establish the proprietary information at issue and show how it was misused.

  • June 08, 2021

    No Centralization Of Acthar Cases In Delaware Yet, JPML Says

    Pointing to uncertainty around Mallinckrodt ARD LLC's pending bankruptcy proceedings in Delaware, the U.S. Judicial Panel on Multidistrict Litigation deemed it "premature" on Monday to centralize a string of antitrust cases over the company's sales of the anti-seizure drug Acthar.

  • June 08, 2021

    11th Circ. Rebuffs MAGA Atty. Wood's Bid To Recuse Judge

    The Eleventh Circuit on Tuesday said attorney L. Lin Wood hasn't shown the necessity for the court to take the "drastic remedy" of forcing a Georgia federal judge off Wood's suit against Georgia officials over their request for him to undergo a mental evaluation.

  • June 08, 2021

    Trucking Groups Back Full 9th Circ. Redo Of AB 5 Challenge

    Trucking groups have urged the full Ninth Circuit to revisit a split panel's recent finding that federal law doesn't trump California's heightened standard for legally classifying workers as independent contractors, saying subjecting commercial truckers to the state law would upend interstate commerce.

  • June 08, 2021

    Insurer Must Face Duke's Suit Over Antitrust Class Actions

    A North Carolina federal judge ruled Tuesday that an excess insurer must face Duke University's suit seeking coverage for two underlying antitrust class actions alleging the university suppressed faculty wages.

  • June 08, 2021

    Cannabis Co. Cresco Seeks Toss Of Workers' Contract Claim

    Cannabis company Cresco Labs has asked a federal judge in Chicago to toss a breach of contract claim from a proposed class action accusing the company of failing to pay its workers for the time they spent putting on and taking off required personal protective equipment, arguing that at-will employees never had a contract with the company to begin with.

  • June 08, 2021

    Pa. Panel OKs Unemployment Claim After Medical Pot Firing

    A Pennsylvania appeals court ruled in a published decision on Tuesday that a warehouse worker who was fired from his job after failing a drug test could still receive unemployment benefits, based on testimony that he told his employer about his medical marijuana prescription.

  • June 08, 2021

    Texas Justices Hit Pause On Virtual Jury Trial In $100M Suit

    The Texas Supreme Court on Tuesday halted a virtual jury trial that was slated to begin Wednesday in a $100 million personal injury suit while it mulls whether a fuel company can demand an in-person jury trial.

  • June 08, 2021

    NJ Judge Blasts 'Fishing' For Her Medical Records In Suit

    A New Jersey judge accused state judiciary officials of trying to embark on a "fishing expedition" as she urged a federal court to reject their bid to obtain a wide swath of her medical and mental health records to rebut her claims of suffering emotional distress due to a toxic workplace environment.

  • June 08, 2021

    MLB Pans Suit Over All-Star Game Move As Publicity Stunt

    A conservative business group's lawsuit seeking to force Major League Baseball to return the All-Star game to Atlanta is little more than "political theatrics," the league and its players' union said in responses filed in New York federal court Monday.

  • June 07, 2021

    Detainee's No-Work Status No Problem For GEO, Jury Hears

    A former ICE detainee held in a GEO Group facility testified Monday that it didn't make sense that she was put to work doing laundry in the building after she had been detained for having no work authorization.

  • June 07, 2021

    Whole Foods Tells 1st Circ. Mask Bias Theory Is Paper-Thin

    Whole Foods Markets Inc. urged the First Circuit on Monday to reject "exceptionally weak" claims that it violated the civil rights of employees by disciplining them for wearing Black Lives Matter face masks to support their Black co-workers.

  • June 07, 2021

    Union Pacific Can't Shake Texas Order To Reinstate Workers

    A Texas federal judge on Monday adjusted but did not dissolve a temporary restraining order requiring Union Pacific to reinstate a union member and five officers it suspended over the alleged assault of a co-worker outside a railway workers union meeting.

  • June 07, 2021

    Munsch Hardt Hires NY Labor, Employment Pro In Houston

    Munsch Hardt Kopf & Harr PC has added a labor and employment shareholder to its litigation practice group in Houston from the New York office of Eckert Seamans Cherin & Mellott LLC, where she was a partner.

  • June 07, 2021

    UPS Secures Partial Win In Workers' Wage Class Action

    A California federal judge on Monday handed UPS a partial victory in a class action over meal and rest breaks for its workers, holding that the company's wage statements comply with labor law while allowing an employee's individual rest break claim to proceed.

  • June 07, 2021

    Pa. Community Center Must Face Suit Over Sick Leave Firings

    A federal judge has given the go-ahead for former staffers at a Philadelphia community service agency to forge ahead with claims that they were fired for complaining about unclear sick leave policies after being sent to work from home in after a co-worker tested positive for COVID-19.

  • June 07, 2021

    Ex-Pharma Co. Workers Must Arbitrate Whistleblower Claims

    The New Jersey state appeals court affirmed Monday that two former employees of a Gilead Sciences Inc. unit must resolve their whistleblower claims out of court, reasoning that the language in the company's arbitration agreement wasn't ambiguous.

  • June 07, 2021

    Topgolf Agrees To Pay Workers $2.6M In BIPA Suit

    Ex-Topgolf workers alleging that their former employer improperly collected and stored employees' fingerprint data in violation of Illinois' landmark biometric privacy law asked an Illinois federal judge Friday to approve a $2.6 million settlement resolving the litigation.

  • June 07, 2021

    Fired XFL Commissioner Wants To Depose K&L Gates Atty

    Ousted XFL Commissioner Oliver Luck is urging a Connecticut federal judge to let him depose a K&L Gates LLP partner whose investigation purportedly led to his firing, arguing the league only sought the attorney's advice after it had decided to can Luck.

  • June 07, 2021

    NJ Says Ex-Judge Can't Pursue Pay Suit After Criminal Case

    The New Jersey state judiciary has called on a federal court to toss a former state judge's suit seeking back pay for the nearly five years she was suspended while facing later-dismissed criminal charges, saying the case is barred on immunity grounds and the court otherwise lacks jurisdiction over her state constitutional claim.

  • June 04, 2021

    Fast Food Union Wants NLRB's McDonald's Ruling Overturned

    The Service Employees International Union and affiliated group Fast Food Workers Committee asked the D.C. Circuit on Friday to reverse a National Labor Relations Board decision that ended closely watched litigation over whether McDonald's could be held jointly liable for violations of federal labor law committed by its franchisees.

  • June 04, 2021

    Legal Sector Gains More Jobs, Nears Pre-Pandemic Levels

    The U.S. legal sector is inching its way back toward pre-pandemic employment levels, according to a report out Friday by the Bureau of Labor Statistics, which showed the sector added 1,700 jobs between April and May.

  • June 04, 2021

    NFL Asks To Punt Class Cert. In Ex-Players' Painkiller Suit

    The National Football League urged a California federal judge Thursday not to certify a class of former football players who allege the league forced them to take painkillers to keep playing, arguing that the lone negligence claim remaining in the twice-revived suit turns on unique interactions between players and team medical personnel.

Expert Analysis

  • 5 Steps For Law Firms Rethinking Flexible Work Post-COVID

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    A flexible work environment will be key to recruiting and retention efforts post-pandemic, so law firms must develop comprehensive policies that solidify expectations and boundaries on accommodations such as flextime, remote work and reduced hours, says Manar Morales at the Diversity & Flexibility Alliance.

  • Uniformity Goal Eludes Defend Trade Secrets Act, 5 Years On

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    Five years after the enactment of the Defend Trade Secrets Act, work remains to be done on achieving uniformity across jurisdictions, because state law differences being imported into the DTSA are creating the same patchwork of law the act was intended to rectify, say attorneys at MoFo.

  • Judge's Rebuke Of Mass. AG Has Lessons For All Attorneys

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    A Massachusetts federal judge’s recent rebuke of the state Attorney General’s Office for refusing to respond to discovery requests in Alliance for Automotive Innovation v. Healey highlights six important considerations for attorneys who want to avoid the dreaded benchslap, say Alison Eggers and Dallin Wilson at Seyfarth.  

  • How 5-Year-Old Defend Trade Secrets Act Has Met Its Goals

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    Case law and data reveal that, five years after its enactment, the Defend Trade Secrets Act has opened up federal courts to litigants and has proven effective against extraterritorial misappropriation, while concerns about inconsistency and overuse of ex parte seizures have not borne out, say attorneys at Crowell & Moring.

  • Opinion

    Federal Minimum Wage Should Be Indexed For Local Markets

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    The Biden administration should implement an indexed minimum wage based on the average wages in each local labor market instead of mandating a $15 federal minimum wage in all metro areas, which could grossly distort service sector compensation and discourage bidding on federal contracts, says Stephen Bronars at Edgeworth Economics.

  • Font Considerations To Give Your Legal Briefs An Edge

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    Following the D.C. Circuit’s recent notice discouraging use of the font Garamond in legal briefs, Jason Steed at Kilpatrick looks at typeface requirements and preferences in appellate courts across the country, and how practitioners can score a few extra brief-writing points with typography.

  • Discerning Need For 2nd COVID Workers' Comp Claim In Calif.

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    Diana Tsudik at Gilson Daub explains how California employers can determine whether an employee’s second round of industrial COVID-19 leave requires a new workers' compensation claim form, and how a secondary filing could unnecessarily expose the company to double liability for one injury.

  • Tips For Navigating The Visa Processing Backlog

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    The pandemic has caused U.S. embassies and consulates to fall far behind in visa processing, but new information from the U.S. Department of State can help practitioners determine where a client is in line and whether it's time to use other tools to reduce wait time, says Dominique Pando Bucci at Kurzban Kurzban.

  • Make Profitability Management Part Of Your Law Firm Culture

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    As the legal industry continues to change in the post-pandemic world, law firms should adapt to client demands by constantly measuring and managing the profitability of their services, says Joseph Altonji at LawVision.

  • Series

    Winner's Playbook: Behind The Scenes Of Lamps Plus

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    The U.S. Supreme Court issued a major decision on class arbitration in Lamps Plus v. Varela two years ago. Now, attorneys at Lewis Brisbois and Mayer Brown explain how their work for Lamps Plus developed the law on interpreting arbitration agreements that exclude language expressly addressing class arbitration.

  • The Biden Administration Is Sharpening The TSCA's Sword

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    The Trump administration implemented the 2016 amendments to the Toxic Substances Control Act in a way that critics felt benefited chemical companies, but the Biden administration can be expected to use the amendments to broaden risk reviews and impose new requirements on the regulated community, say attorneys at Kilpatrick.

  • 4 Trends In Discoverability Of Litigation Funding Documents

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    Recent rulings shed light on how courts and international arbitration tribunals decide if litigation funding materials are discoverable and reaffirm best practices that attorneys should follow when communicating with funders, say Justin Maleson at Longford Capital and Michele Slachetka and Christian Plummer at Jenner & Block.

  • Bio-Rad Ruling Highlights IP Assignment Clause Limits

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    The Federal Circuit's recent holding in Bio-Rad v. International Trade Commission, that an assignment clause wasn’t enough to claim patent ownership where the conception date followed former inventors’ employment, shows companies and workers the importance of specificity in drafting contractual limitations, say Bryan Vogel and Derrick Carman at Robins Kaplan.

  • Cannabis Legalization's Effects On Insurance Industry

    Excerpt from Practical Guidance
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    Resolution of the legal uncertainty presented by the dueling federal and state approaches to cannabis will pave the way for legal cannabis businesses to access the insurance protections the industry needs for everything from workers' compensation to auto insurance to general liability, says Christy Thiems at the American Property Casualty Insurance Association.

  • 7 Lessons For Young Lawyers Starting Their Careers

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    This year's law graduates and other young attorneys must recognize that the practice of law tests and rewards different skills and characteristics than law school, and that what makes a lawyer valuable changes over time, says Vernon Winters, retired partner at Sidley.

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