Employment

  • July 27, 2021

    Mich. Judge Who Guided Flint Water, UAW Cases Scales Back

    Michigan U.S. District Judge David M. Lawson plans to take senior status next week after a 20-year judicial career that recently included high-profile cases involving the United Auto Workers union and lead-tainted water in Flint.

  • July 27, 2021

    Calif. Fines 3 Grocery Stores For Skirting COVID Leave Rules

    California's labor regulator on Tuesday slapped three El Super grocery stores with fines totaling nearly $448,000 for their purported failure to provide timely paid sick leave to 95 workers affected by the coronavirus — some of whom were told to report to work sick.

  • July 27, 2021

    Regulator's Conviction Sets Stage For Insurance Fight In Ga.

    The federal fraud conviction of former Georgia insurance commissioner Jim Beck has set the stage for a political fight over who can best steer the state's insurance industry away from corruption and advocate for policyholders.

  • July 27, 2021

    Poultry Execs Cry Foul Over DOJ 'Interference' As Trial Looms

    Indicted poultry executives claimed that a plea deal Pilgrim's Pride Corp. entered in February with the U.S. Justice Department, as part of its probe into price-fixing in the broiler chicken industry, is preventing them from interviewing company employees as the defendants prepare for trial in Colorado federal court.

  • July 27, 2021

    Ex-Coach Beats Pitt's Claim His Bias Suit Was Bogus

    A former University of Pittsburgh wrestling coach beat claims that he abused the legal process with a lawsuit accusing the university of racial bias, after a Pennsylvania state court judge ruled in his favor.

  • July 27, 2021

    Attys Plan Withdrawal From Cannabis Workers' PPE OT Suit

    Attorneys representing two Cresco Labs workers who say the cannabis company failed to pay them for time spent putting on personal protective equipment told an Illinois federal judge Tuesday that the firm anticipates withdrawing from the case after weeks of no contact with the workers, halting a scheduled hearing in its tracks.

  • July 27, 2021

    Ex-GC Says Defunct CBD Cos. Re-Formed With New Name

    The former general counsel for a trio of Pittsburgh-based CBD oil companies has asked a Pennsylvania federal court to let him amend his back pay and benefits lawsuit, claiming that the companies fraudulently transferred their assets and operations to a new entity after effectively disappearing from the suit.

  • July 27, 2021

    Male Electrolux Atty Drops Sex Bias Suit Over Promotion

    An in-house lawyer for Swedish appliance company Electrolux agreed to drop a sex discrimination lawsuit alleging he was denied a promotion from interim to permanent general counsel because he's a man, according to a filing in North Carolina federal court on Monday.

  • July 27, 2021

    NJ Judiciary Must Face Judge's Pension Interference Claims

    A New Jersey state judge has refused to toss a fellow state jurist's allegations that court officials orchestrated the state Supreme Court's denial of her disability pension application, rejecting the state judiciary's argument that the judge lacked authority to hear the claims.

  • July 27, 2021

    Ex-Dallas Cowboy's Benefits Verdict Upended On Appeal

    A Texas appeals court Monday scrapped a 2019 jury verdict awarding workers' compensation benefits to a former Dallas Cowboys offensive lineman, finding that neither he nor his insurance carrier had proposed the right venue for the dispute.

  • July 27, 2021

    UT Austin Beats White Applicants' Admissions Bias Suit

    A lawsuit claiming the University of Texas at Austin's race-conscious admissions policy unlawfully discriminates against white applicants can't proceed because it is nearly identical to a case the school beat at the U.S. Supreme Court five years ago, a Texas federal judge ruled.

  • July 26, 2021

    PwC Beats Whistleblower's Retaliation Suit After Bench Trial

    A California federal judge on Monday nixed a wrongful termination suit from a f​​ormer PwC auditor who claims he was fired for whistleblowing, finding after a bench trial that he failed to connect his complaint to the U.S. Securities and Exchange Commission with his termination.

  • July 26, 2021

    Goldberg Segalla Beats Suit By Atty Who Left Early For Yoga

    A fired Goldberg Segalla LLP partner's "dishonesty, low productivity, and poor leadership" gave the firm plenty of cause to terminate him — cause the firm didn't need because he was an at-will employee — a California federal judge said before dismissing the data privacy attorney's breach of contract suit Friday.

  • July 26, 2021

    Masks, Distancing Optional For Vaxxed Jurors In Calif. IP Trial

    A California federal judge presiding over a criminal trade secret theft trial told prospective jurors on Monday that social distancing is optional and that they're only required to wear masks if they haven't been fully vaccinated, adding that she won't ask or require the jurors to prove their vaccination status.

  • July 26, 2021

    Bipartisan Senator Group Wants False Claims Act Tweaks

    A bipartisan group of senators introduced legislation on Monday that would place additional evidentiary and potentially cost requirements on False Claims Act defendants and allow whistleblowers to weigh in before the government can seek to dismiss their FCA cases.

  • July 26, 2021

    Uber Rips NJ Driver's Bid To Bypass Arbitration In Wage Fight

    Uber told a New Jersey federal judge Friday that a federal carveout for interstate transportation workers doesn't shield a driver from having to arbitrate his wage and hour claims against the ride-hailing giant, and moreover, that the driver knowingly agreed to Uber's valid arbitration provision.

  • July 26, 2021

    Fired Atty Takes Sex Bias Suit Over Parental Leave To 1st Circ.

    An attorney who said his firm slashed his workload and then fired him for seeking parental leave told a Massachusetts federal court Monday that he would ask the First Circuit to nix a decision booting his suit to arbitration.

  • July 26, 2021

    Baylor Hits Back At Tennis Player's Title IX Retaliation Suit

    Baylor University sought on Friday to nix a retaliation suit alleging it kept a student off its tennis team after she participated in a Title IX probe, telling a Texas federal judge that she was actually rejected from the team three years earlier.

  • July 26, 2021

    Minor Leaguers' Wage Action Expands With New Class

    A class of minor league baseball players suing over alleged starvation wages won a California federal court order Friday allowing some of them to pursue an injunction requiring Major League Baseball to comply with labor laws.

  • July 26, 2021

    Best Buy Wants 'Illegal' $1.9M Ga. Injury Judgment Wiped Out

    Best Buy Stores LP is asking a Georgia state court to throw out a $1.9 million default judgment against it in a suit by a worker who alleges her leg was crushed by a forklift, saying the judgment is illegal under Georgia law and violates Constitutional due process.

  • July 26, 2021

    NYC, Calif., VA Unveil Vaccine Requirements For Employees

    New York City, the state of California and the U.S. Department of Veterans Affairs all announced COVID-19 vaccination requirements for their employees Monday, measures that come as the highly contagious delta variant continues to spread.

  • July 26, 2021

    Where Have All The Associates Gone?

    Nonpartner attorney headcounts declined slightly across the Law360 400 last year amid the pandemic, leaving many law firms scrambling for associate talent that seems to be evaporating even as many firms see an uptick in work.

  • July 26, 2021

    The Law360 400: Tracking The Largest US Law Firms

    As much of the U.S. emerges from the worst of the coronavirus pandemic that upended the world last year, law firms are taking stock of how much their business and their bench strength were affected by the unprecedented pressures of a global health crisis.

  • July 23, 2021

    GM, Ex-UAW VP Spar Over Breach Of Duty, Kickbacks Suit

    General Motors LLC and former United Auto Workers Vice President Joseph Ashton sparred Thursday over whether the carmaker can pursue breach of fiduciary duty and fraudulent concealment claims in its New Jersey federal lawsuit alleging Ashton was a "disloyal director" who helped Fiat Chrysler undercut GM during collective bargaining negotiations. 

  • July 23, 2021

    $13.5M Deal Ends Amazon Wage MDL That Went To High Court

    A Kentucky federal judge granted final approval Thursday to a $13.5 million settlement resolving multidistrict claims that over 42,000 Amazon.com warehouse workers weren't compensated for time spent in mandatory security checks, ending an 11-year fight that made its way to the U.S. Supreme Court.

Expert Analysis

  • 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.

  • Giuliani Suspension Highlights Ethical Pitfalls For All Lawyers

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    Rudy Giuliani’s false public statements regarding the 2020 elections that resulted in his recent suspension from practicing law in New York may seem uncommonly flagrant, but the sanction underscores four ethics risks all attorneys should bear in mind, says Hilary Gerzhoy at Harris Wiltshire.

  • Justices' CFAA Ruling Shows Contract Safeguards Insufficient

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    Because of the U.S. Supreme Court's ruling in Van Buren v. U.S. that violating contractual limitations on proper use doesn't trigger Computer Fraud and Abuse Act liability, courts will likely also find violations of contractual limitations on access insufficient, so businesses should promptly implement technological barriers, says Aaron Dilbeck at Munck Wilson.

  • Where FCA Litigation Stands 5 Years After Escobar

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    Five years after the U.S. Supreme Court's landmark decision in Escobar, the False Claims Act's materiality requirement continues to be at the center of complex investigations and litigation, and the ruling has significantly affected dispositive motions, discovery and the U.S. Department of Justice’s dismissal authority, say Matthew Curley and Brian Roark at Bass Berry.

  • Opinion

    NCAA Overhaul Needed After High Court Amateurism Ruling

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    Following the U.S. Supreme Court's Monday ruling that the NCAA's limits on education-related benefits for college athletes violate antitrust law, the NCAA should take a proactive approach to changing its compensation framework to stay ahead of an avalanche of future litigation and legislation, say Joseph Kish and Jordan Rosenberg at Segal McCambridge.

  • Navigating Inadvertent Attorney-Client Privilege Waivers

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    Spencer Fane’s Deena Duffy offers tips for identifying accidental privilege waivers based on local and federal rules, and for interpreting recent case law when such rules are unclear.

  • Attorneys Beware: Zoom Depositions Are Likely Inadmissible

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    As legal proceedings have moved online in light of the pandemic, lawyers may mistakenly believe that recorded Zoom video depositions can be entered as evidence, but without certain safeguards, the testimony is unlikely to be accepted by courts, says Phillip Zisook at Schoenberg Finkel.

  • How Attorneys Can Reach Claimants In Today's Comms Era

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    Communicating with clients can be challenging for plaintiffs attorneys due to barriers posed by the current onslaught of unwanted calls, work schedules and other factors, but certain best practices can help, say Scott Heisman and Kimberly Lavin at Verus.

  • Summer Brings 'Working Vacation' Issues For Employers

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    In this brief video, attorneys at Baker McKenzie discuss how companies can best serve workers seeking to travel and engage in remote work this summer, and address the wide variety of employment and immigration law considerations.

  • Contract Rights Vs. Patent Invalidity: 2 Key Cases To Watch

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    Depending on how the Federal Circuit and U.S. Supreme Court balance private contractual rights and public policy to void invalid patents in two pending cases, practitioners may have to test new ways of protecting patents from challengers who already received contractual benefits, say Howard Susser and Eric Kaviar at Burns & Levinson.

  • Opinion

    NJ Fed. Court Should Ditch Litigation Funding Disclosure Plan

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    The District of New Jersey's wide-reaching proposal to require automatic disclosure of third-party litigation finance poses several problems for attorneys and litigants alike and should be nipped in the bud, say Sarah Williams and Marlon Becerra at Validity Finance.

  • Law Firm Talent Must Reflect Shifting US Demographics

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    Stephanie Scharf at Scharf Banks and Roberta Liebenberg at Fine Kaplan analyze and project U.S. demographic trends to show that law firms that hope to succeed long-term must recruit, retain and advance female lawyers and lawyers of color, and they outline six steps for meeting these goals.

  • OSHA Considerations For Preventing Workplace Violence

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    As workplace violence disturbingly trends upward, employer compliance with Occupational Safety and Health Administration obligations begins with crafting and revising a strong zero-tolerance violence prevention policy to cover all workers, patients, clients, visitors, contractors and anyone else who may come in contact with the employer's personnel, say Dove Burns and Alexandra Simels at Obermayer Rebmann.

  • Employer Challenges After New OSHA Virus Guidance

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    The Occupational Safety and Health Administration’s recently updated COVID-19 guidance for non-health care industries describes protocols for protecting unvaccinated workers, but employers may face challenges in addressing issues the new advice fails to cover and adapting it to their unique workplace needs, says Gabrielle Sigel at Jenner & Block.

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