Employment

  • June 02, 2021

    NFL Seeks To End Race-Based Concussion Tests After Outcry

    The NFL said Wednesday it will push to end the use of "race-norming," which assumes Black former players start with lower baseline cognitive test scores, in assessing claims for payouts from the more than $1 billion concussion settlement amid allegations that it is discriminatory.

  • June 02, 2021

    Texas AG Tells Panel To Toss Ex-Aides' Whistleblower Suit

    Texas Attorney General Ken Paxton has told a Texas appellate court that it should toss a whistleblower lawsuit brought against him by four former top aides alleging they were fired after reporting alleged abuses of power for many reasons, including that he is immune from the claims.

  • June 02, 2021

    Ill. Judge Weighs Atty DQ In Nokia Firing Bias Suit

    An Illinois federal court on Wednesday put an immediate halt to a former Nokia worker's use of nearly 200 privileged company documents to help pursue his firing bias claim while the court considers disqualifying his counsel for reading the materials.

  • June 02, 2021

    NY Atty Says He Was Fired For Long-Haul COVID-19

    The former general counsel for a New York plastic surgery practice filed a discrimination suit Wednesday alleging the practice wrongly furloughed him while he was hospitalized for COVID-19, and then refused to rehire him due to his long-term virus symptoms.

  • June 02, 2021

    8th Circ. Revives Ex-Minn. Football Players' Title IX Claims

    The Eighth Circuit has ruled that external pressures to crack down on campus sexual misconduct could have led the University of Minnesota to act with anti-male bias in disciplining 10 former football players accused of sexual assault.

  • June 02, 2021

    BofA Must Reopen Calif. Benefit Recipients' Fraud Claims

    A California federal judge has ordered Bank of America to reopen and investigate suspicious activity claims filed by California unemployment benefits recipients who have been summarily frozen out of their accounts amid a surge of pandemic-related fraud.

  • June 02, 2021

    7th Circ. Asked To Refer BIPA Timing Question To Ill. Justices

    A former White Castle manager who claims the fast-food company violated the Illinois Biometric Information Privacy Act asked that the Seventh Circuit kick to the state Supreme Court the question of when BIPA claims accrue, arguing the issue is better suited for resolution by the state's justices.

  • June 02, 2021

    DNA Co. Says Calif. Standards Wrongly Used To Trim Suit

    A DNA-sequencing business is defending its challenge of a lower court order that tossed most of the claims in a trade secret lawsuit it launched, telling the Ninth Circuit that the decision wrongly relied on California civil procedure to dismiss federal claims.

  • June 02, 2021

    Appeals Tribunal Strengthens Strike Action Protections In UK

    An appellate tribunal in London ruled on Wednesday that it is unlawful for employers to mistreat employees who participate in industrial action, finding in favor of a health care support worker who was suspended after organizing and participating in a strike.

  • June 02, 2021

    Full 1st Circ. To Decide If NH Speaker Can Bar Virtual Votes

    The full First Circuit will reexamine a panel ruling that said the speaker of the New Hampshire House could be sued for refusing to allow virtual votes during the COVID-19 pandemic.

  • June 01, 2021

    DOL Says Pa. Paper Co. Illegally Fired Worker For OSHA Probe

    The U.S. Department of Labor hit a paper box manufacturer and its owner with a lawsuit in Pennsylvania federal court Tuesday, alleging management illegally fired an employee who repeatedly asked her supervisor for safety gloves, because they believed she had reported the business to the Occupational Safety and Health Administration. 

  • June 01, 2021

    Senate OKs More Funding For CFTC Whistleblower Program

    The U.S. Senate on Friday gave the green light to the creation of a temporary second account to house funds for the Commodities Futures Trading Commission's whistleblower program, a move that would allow it to continue operating at a financially precarious time for the office.

  • June 01, 2021

    ​​​​​​​Prison Co. Wants Detainee Class Tossed In $1 Wage Suit

    A private prison contractor is once again attempting to winnow a class of detained migrants who say it violated Washington state labor laws by paying them wages as low as $1 a day, saying the remaining lead plaintiff's claims aren't common enough to sustain the class.

  • June 01, 2021

    Touchstone Exec Accuses Disney Of Sexual Orientation Bias

    The vice president of production finance for Touchstone Television lobbed sexual orientation discrimination accusations at The Walt Disney Co., slapping the media giant with a lawsuit in California state court on Tuesday.

  • June 01, 2021

    DynCorp Wants $35M FCA Overcharging Case Tossed

    DynCorp International has urged a Texas federal court to end a case accusing the company of fraudulently overcharging the Army under a massive logistics contract, saying the government had signed off on the subcontractor agreement that led to the alleged overbilling.

  • June 01, 2021

    Mo. High Court Strikes Law Regulating Public Sector Unions

    A split Missouri Supreme Court on Tuesday affirmed a lower court's striking of a 2018 law that enacted new regulations on public sector unions, holding that the law violates the state constitution's equal protection clause by giving favored treatment to unions designated as "public-safety labor organizations."

  • June 01, 2021

    Pay Stubs Needn't Distinguish OT Rates, Calif. Panel Says

    A California state appeals court has ruled in a published opinion that a government contractor's wage statements don't violate Golden State labor law because they showed all hours worked and hourly rates, despite combining non-overtime and overtime hours.

  • June 01, 2021

    Baker Botts Nabs Benefits Partner From Thompson & Knight

    Baker Botts LLP welcomed a new partner to its executive compensation and benefits practice group Tuesday, bringing on an attorney who most recently spent 11 years as a partner at Thompson & Knight LLP and will work out of the firm's Dallas office.

  • June 01, 2021

    Rig Worker Tells Court Devon Energy Must Face Injury Suit

    A rig worker injured in New Mexico has urged a Texas appellate court to uphold a ruling that Devon Energy Corp. has sufficient contacts with the Lone Star State to give its courts authority over his injury claims despite the location of the accident.

  • June 01, 2021

    Jurors To Hear About Whistleblower's Lost Texts, Judge Says

    A Pennsylvania federal judge said during a hearing Tuesday that potential jurors in a False Claims Act case against Gilead Sciences Inc. would have to be told about the tens of thousands of text messages that, inadvertently or not, were deleted from a whistleblower's cellphones.

  • June 01, 2021

    Third Time Not The Charm For Five Guys Worker Wage Deal

    A $1.2 million wage and hour settlement between Five Guys and a class of workers hit a roadblock for the third time, as a California federal judge on Tuesday said he wasn't quite satisfied that the deal offers adequate relief for the class, though he will allow another attempt for approval.

  • June 01, 2021

    DC Circ. Says Manager Can Badmouth Union For PTO Mix-Up

    The D.C. Circuit held Tuesday that a manager blaming a union for a food service worker's confusing paid leave calculation is not sanctionable because the statements were unattached to threats or promises, overriding a split National Labor Relations Board ruling.

  • June 01, 2021

    AlixPartners Calls Alleged File Theft Loss 'Incalculable' In Trial

    The head of AlixPartners LLP's Italian unit, AlixPartners SRL, testified in Delaware's Chancery Court on Monday that a fired managing director accused of stealing more than 133,000 sensitive files before leaving in 2019 may have caused "incalculable" damage to the New York-based global consulting business.

  • June 01, 2021

    Amazon's 'Bad Faith' Claim Against NY AG Faces Doubts

    Amazon's claim that the New York attorney general sued it over COVID-19 worker protections in bad faith drew skepticism Tuesday from a Brooklyn federal judge, who suggested the case may be moot as the pandemic fades.

  • June 01, 2021

    Biz Group's Suit Calls Foul On MLB All-Star Game Relocation

    A conservative pro-business group filed suit Monday challenging Major League Baseball's decision to relocate its All-Star Game from Atlanta in protest of Georgia's restrictive new voting law, arguing that the move amounts to a political pressure campaign that punishes local minority-owned businesses.

Expert Analysis

  • Virtual Litigation May Unravel The Narcissistic Lawyer

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    The virtual courtroom limits a narcissistic lawyer's ability to intimidate witnesses and opposing counsel, boast to clients or engage in grandstanding — an unexpected benefit of the global pandemic as some aspects of remote litigation are likely here to stay, says Jennifer Gibbs at Zelle.

  • 2 Ways High Court Could Reshape Patent Assignor Estoppel

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    Whether or not the U.S. Supreme Court in Minerva Surgical v. Hologic repudiates a doctrine precluding patent assignors from attacking the validity of the patent rights they assigned in employment or other agreements, it should provide much-needed clarity on it, say David Fox and Christopher Kennerly at Paul Hastings.

  • ABA Remote Work Guide Raises Bar For Atty Tech Know-How

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    A recent American Bar Association opinion on lawyers' ethical duties of competence and confidentiality when working remotely should be viewed as part of a larger movement by which attorneys are being exhorted to develop competence in 21st century technology, say Jennifer Goldsmith at Ironshore and Barry Temkin at Mound Cotton.

  • Lateral Hire Conflict Screening Lessons From DLA Piper Case

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    While a Texas federal court recently denied a motion to disqualify DLA Piper from representing Apple in a patent dispute after the law firm hired an attorney who formerly represented opponent Maxwell, the case is a reminder that robust conflict checks during lateral hiring can save firms the time and expense of defending disqualification motions, says Hope Comisky at Griesing Law.

  • Navigating Dems' Whistleblower-Friendly Stance

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    Employers are likely to face robust whistleblower enforcement from newly Democratic state and federal governments, but compliance programs that include clear reporting channels, protocol and protections can mitigate risk while improving productivity and morale, say Gregory Keating and Daniel Green at Epstein Becker.

  • 3 Cybersecurity Questions To Ask Before A Remote Mediation

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    Lawyers preparing to mediate or arbitrate a case through videoconference should take steps to ensure they and their alternative dispute resolution providers are employing reasonable security precautions to protect digital client data and conform to confidentiality obligations, say F. Keith Brown and Michael Koss at ADR Systems.

  • Preventing Employee Brain Injury And Subsequent Litigation

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    Employers who fail to identify and treat traumatic brain injury can end up with catastrophic claims, but safety rules, guidelines, training and personal protective equipment all help avert risk, says Thu Do at Gilson Daub.

  • Why S Corporation Payments Are Almost Always Wages

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    The recent U.S. Tax Court ruling in Lateesa Ward v. Commissioner has employment and income tax lessons about why payments from an S corporation to its sole shareholder are wages and not distributions of profit in most cases, says Bryan Camp at Texas Tech University School of Law.

  • A Uniform Mediation Act Primer As States Continue Adoption

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    With Georgia expected to soon become the 13th jurisdiction to adopt the Uniform Mediation Act and with more states likely to follow suit amid widespread trial delays, practitioners should familiarize themselves with the act's conflict disclosure requirements and the boundaries of its confidentiality provisions, says Richard Mason at MasonADR.

  • Should ITC Adopt Trade Secret Claims Statute Of Limitations?

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    Despite the lack of an explicit statute of limitations in Section 337, there are reasons to argue that, as in district courts, one should apply to unduly delayed trade secret claims at the U.S. International Trade Commission, say Matt Rizzolo and Jolene Wang at Ropes & Gray.

  • Safeguarding Privileged Communications In A Remote World

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    With the pandemic ushering in remote collaboration tools, counsel must revisit fundamentals of the attorney-client privilege and the work-product doctrine, study cases involving email and other recent technologies, and follow 10 best practices to protect confidentiality, say attorneys at DLA Piper.

  • 4 Areas Of Cyberattack Vulnerability For Law Firms

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    Recent data breaches involving Goodwin and Jones Day show that cyberattacks are very real threats to the legal profession, especially in the era of remote work, so law firms should revisit common business practices that expose them to unnecessary risks, says Ara Aslanian at Inverselogic.

  • Trends In Video Game Company Quests To Arbitrate Cases

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    With the recent surge of video game litigation, developers and distributors of games and gaming equipment have seen a measure of success in relegating certain claims to private arbitration — but while the bar for compelling arbitration may be low, it does exist, say Matthew Woods and Austin Miller at Robins Kaplan.

  • Loss Amount Is Shaping PPP Fraud Prosecution Sentencing

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    One of the most determinative factors at sentencing for Paycheck Protection Program fraud is the loss amount, and recent cases show that defendants may have an opportunity to lower it if they can demonstrate legitimate use of any of the funds, say Sami Azhari at Azhari and Michael Leonard at Leonard Meyer.

  • How To Help Your Witnesses Overcome Hindsight Bias

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    Witnesses facing tricky questions from opposing counsel often find themselves engaging in hindsight bias, when they use present knowledge to second-guess past actions, but these problematic thought processes can be overcome during deposition or trial preparation through tough questions and some catharsis, says Merrie Jo Pitera at Litigation Insights.

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