Employment

  • June 24, 2022

    3rd Judge On NYC Vax Case Refuses To Step Down

    The third federal judge tapped to oversee a challenge to New York City's vaccine mandate for city workers has issued a statement saying she no longer owns stock in Pfizer after the plaintiffs pressed her on her earlier decision not to recuse herself. 

  • June 24, 2022

    NJ Midyear Report: Disbarment Rethink, Record Access Wins

    The New Jersey Supreme Court in recent months opened the door to reinstating disbarred attorneys and ensured public access to law enforcement records, while lower appellate courts blessed nondisparagement clauses in employment-related settlement agreements and put the burden on personal injury litigants to justify conditions for defense medical examinations.

  • June 24, 2022

    Biden Urges Congress To Undo High Court's 'Tragic Error'

    President Joe Biden on Friday called the U.S. Supreme Court's decision overturning abortion rights a "tragic error" and called on Congress to codify abortion protections into law. 

  • June 24, 2022

    Ex-XFL Commissioner, League Founder Drop Termination Suit

    Former XFL Commissioner Oliver Luck and the football league founder and World Wrestling Entertainment Inc. CEO Vince McMahon have mutually agreed to drop a lawsuit over Luck's pay after his firing in 2020.

  • June 24, 2022

    Jackson Lewis Adds Littler Atty To Run Houston Office

    Employment law firm Jackson Lewis PC has brought on board a former shareholder from Littler Mendelson PC to run its Houston office as managing principal, the firm announced Wednesday.

  • June 24, 2022

    Supreme Court Overturns Roe v. Wade

    The U.S. Supreme Court on Friday upheld a Mississippi abortion ban and overturned the constitutional abortion right established nearly 50 years ago in Roe v. Wade, setting the stage for a widespread rollback of abortion rights in many statehouses around the country.

  • June 23, 2022

    Insurer Wants Out Of Gaming Co.'s Equity Dispute Settlement

    An RSUI unit doesn't have to cover Rush Street Gaming's settlement with an executive who said he was denied an equity stake after the casino company went public, the insurer told an Illinois federal court, saying a liability policy excludes coverage for claims related to compensation and employment agreements.

  • June 23, 2022

    Varvatos Employees' Ch. 11 Bias Suit Loses At 3rd Circ.

    The Third Circuit upheld a lower court's dismissal of a sex bias suit filed by employees of men's clothing retailer John Varvatos Enterprises Inc., ruling that the class of female workers hadn't shown inequitable conduct by the debtor's owners.

  • June 23, 2022

    Chancery Lets Co. Booted From Amazon Project Pursue Suit

    A development group tossed from an Amazon data center project worth more than $500 million over fraud allegations has kept alive much of a Delaware Chancery Court action challenging its removal and accusing its partners of trying to gain control of the deal.

  • June 23, 2022

    Unions Call On FCC To Stop Tegna Go-Private Deal

    Two broadcast industry unions want the Federal Communications Commission to reject Tegna's plan to go private in an $8.6 billion deal with hedge fund Standard General, saying the consolidation of TV stations would harm consumers and workers.

  • June 23, 2022

    Women's Soccer Seeks OK For Pay Deal 6 Years In Making

    The landmark $24 million equal-pay settlement the U.S. women's national soccer team reached in February happened after six years of continued negotiations and thousands of hours reviewing discovery before trial, according to a filing seeking preliminary approval for the deal.

  • June 23, 2022

    11th Circ. Says Tampa Electric Didn't Violate OSHA Guidelines

    Tampa's electric utility can't be held liable for Occupational Safety and Health Administration violations after its workers didn't wear masks while responding to an ammonia leak at a power plant, the Eleventh Circuit has determined.

  • June 23, 2022

    Ex-ADI Engineer Tries To Sink Lone Trade Secrets Conviction

    A former Analog Devices Inc. engineer who was acquitted on all but one charge alleging he stole company trade secrets to jumpstart a side business selling computer chips argued Thursday the lone guilty finding wasn't supported by evidence.

  • June 23, 2022

    Construction Worker Reported To ICE Wins $650K At Trial

    A Boston federal jury has found a construction company and its owner liable for retaliating against an employee by reporting him to immigration authorities after his on-the-job injury triggered a workplace investigation, awarding $650,000 in damages.

  • June 22, 2022

    SEC Fines Brink's For Whistleblower Limits In Employee Pacts

    The U.S. Securities and Exchange Commission announced Wednesday that it has settled with The Brink's Co. over allegations that the security and protection company violated protections in place for whistleblowers by requiring employees to sign restrictive confidentiality agreements without granting them a carveout for potential SEC whistleblowing activity.

  • June 22, 2022

    Calif. High Court Will Consider 'Take-Home' COVID-19 Liability

    The California Supreme Court said Wednesday that it will answer the Ninth Circuit's certified questions on whether companies can be held liable for not doing enough to stop COVID-19 from spreading to their workers' households, in a case brought by a woman suing her husband's employer over her coronavirus infection.

  • June 22, 2022

    Whistleblowing Citibank Analyst Denied Share Of $400M Fine

    A New York federal judge on Wednesday refused to award a Citibank senior risk analyst a cut of the $400 million fine levied against the bank, finding that her whistleblower allegations don't have anything to do with the Office of the Comptroller of the Currency's settlement and resulting penalty.

  • June 22, 2022

    Texas Judge Tells Exec In Trade Secret Case To Stop Working

    A Texas state judge has ordered an executive at an oilfield pump and valve distributor to stop working for his latest company in light of allegations he sold off his last business for $170 million and then took its trade secrets and several employees with him to a competing outfit.

  • June 22, 2022

    SEC's Regulatory Priorities Draw Rebuke From Peirce

    The U.S. Securities and Exchange Commission on Wednesday released an agenda outlining priorities for fall and early 2023, prompting a rebuttal from Commissioner Hester Peirce, who criticized the agency for shunning its core mission in favor of "shiny objects."

  • June 22, 2022

    DOJ Fights Bid To Duck Pandemic Wage-Fixing Charges

    The U.S. Department of Justice is contesting a dismissal bid by operators of four Maine home health care agencies who were indicted on allegations that they conspired to fix pay rates in order to avoid competing with each other for workers during the pandemic.

  • June 22, 2022

    NFL, Teams Say Arbitration Rule 'Clear' In Race Bias Case

    The NFL and six teams told a New York federal court that the proposed class action filed by former Miami Dolphins head coach Brian Flores alleging the league systematically discriminated against Black coaches in its hiring decisions belongs in arbitration because of multiple employment agreements he signed.

  • June 22, 2022

    DOJ Says Trade Group Can't Join Suit Over EB-5 Visa Freeze

    The U.S. Department of Justice says it would be disruptive to allow a trade group for the EB-5 program to join a lawsuit that seeks to force U.S. Citizenship and Immigration Services to reverse changes to a rule allowing foreign investors to trade cash for a green card.

  • June 22, 2022

    11th Circ. Axes Ex-Deputy GC's Suit Against Atlanta Agency

    The Eleventh Circuit refused Wednesday to revive a former Atlanta Housing Authority attorney's whistleblower suit, saying concerns about potential repercussions of a higher-up's "hard-ball" negotiation tactics are not enough to support a National Defense Authorization Act claim.

  • June 22, 2022

    Car Parts Co. Says Engineer's RICO Case Is Light On Facts

    An automotive parts manufacturer asked a Georgia federal judge to toss a proposed class action lodged by a Mexican mechanical engineer who accused it of cheating the U.S. immigration system and underpaying Mexican workers, saying his accusations were speculative.

  • June 22, 2022

    Carnival To Pay States $1.25M Over 2019 Data Breach

    Carnival Cruise Line has agreed to pay $1.25 million following an investigation into a 2019 data breach that affected 180,000 employees and customers, attorneys general for 45 states and the District of Columbia announced Wednesday.

Expert Analysis

  • Guidance Needed For ESOP Sole-Source Pilot Program

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    For the first time, the 2022 National Defense Authorization Act allows businesses that are 100% owned by an employee stock ownership plan to receive sole-source government contract awards, but if the U.S. Department of Defense intends to use this authority, it should clarify the bare bones statutory provisions, says Kevin Barnett at PilieroMazza.

  • How Maryland's New Family Leave Law Compares To FMLA

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    Maryland’s recently enacted Time to Care Act is more generous than the federal Family Medical Leave Act in several important respects, from the amount of paid leave available to which employees are eligible — and it imposes serious potential consequences for employer missteps, say Laura Windsor and Matthew Anderson at Williams Mullen.

  • Defense Takeaways From NY Uber Arbitration Fees Ruling

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    A New York appellate panel's recent ruling in Uber v. American Arbitration Association should be a reminder to any business that includes arbitration provisions and class waivers in terms of service, user agreements or other contracts — start preparing for the growing mass arbitration trend, say attorneys at Holland & Knight.

  • Aerojet Settlement Sets Stage For Future Cyber FCA Suits

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    Markus v. Aerojet RocketDyne, which recently settled in California federal court, demonstrates a clear path to success for government contractor whistleblowers in cybersecurity False Claims Act cases, and is an invitation to similar tipsters to come forward, says Max Rodriguez at Pollock Cohen.

  • 5 Questions That Can Help Law Firms Win RFPs

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    As the volume of matter-specific requests for proposals continues to increase in the legal market, law firms can take some new steps to fine-tune their RFP response-drafting process and strategy, says Matthew Prinn at RFP Advisory Group.

  • What 9th Circ.'s CFAA Decision Means For Data Scraping

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    The Ninth Circuit's recent decision in HiQ Labs v. LinkedIn suggests that plaintiffs relying on the Computer Fraud and Abuse Act to assert claims against data-scraping activities may need to find alternative theories of liability, says Christopher Cole at Crowell & Moring.

  • A Guide To Nonverbal Cues As In-Person Jury Trials Resume

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    As attorneys face the prospect of trying cases in person after a two-year hiatus, they need to remember common fallacies jurors hold about detecting lies from witnesses’ body language — and lawyers must educate witnesses about demeanor that hurts credibility, says Jeff Dougherty at Litigation IQ.

  • How Law Firms Can Employ More Veterans

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    Hiring attorneys who are veterans is often overlooked in law firm diversity, equity and inclusion plans, even though it generates substantial benefits, but partnering with like-minded organizations and having a robust and active veterans group will go a long way in boosting a firm's ability to recruit and retain veterans, say Daniel Sylvester and Nicholas Hasenfus at Holland & Knight.

  • Associates, Look Beyond Money In Assessing Lateral Offers

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    In the face of high demand for corporate legal work and persistent staffing constraints, many law firms continue to offer sizable signing bonuses to new associates, but lateral candidates should remember that money is just one component of what should be a much broader assessment, says Stephanie Ruiter at Lateral Link.

  • BYOD Policy Lessons From Pork Antitrust Litigation

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    A recent Minnesota federal court decision in the In re: Pork Antitrust Litigation suggests that a bring-your-own-device policy that balances the protection of company interests with those of employees may determine whether the company has any legal right or practical ability to collect unique data from an employee-owned device, say attorneys at Redgrave.

  • Preventing Impermissible Client Solicitation After ABA Opinion

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    Following the American Bar Association's recent opinion on the limitations on client solicitation, attorneys at Harris Wiltshire examine the principal rules that govern a lawyer's ethical duties with respect to solicitation, explain how those rules vary by jurisdiction, and provide some practical tips for ensuring compliance.

  • Cos. In Port Areas Face Growing Longshore Act Claims Risk

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    Trucking companies and other businesses with operations located near waterfront cargo terminals should be aware that courts' inconsistent application of the Longshore and Harbor Workers' Compensation Act could increase their exposure to workers' compensation litigation, says Matthew Malouf at Bauer Moynihan.

  • Lessons On Avoiding E-Discovery Violations And Sanctions

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    Michael Fox and David Cohen at Reed Smith discuss how counsel can assist their clients in meeting preservation obligations for electronically stored information in light of recent federal rulings on spoliation sanctions motions for possible violations of this duty.

  • Takeaways On The New Antitrust Scrutiny In Health Care

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    Recent Federal Trade Commission and U.S. Department of Justice discussions with health care patients, employees, practitioners and independent businesses show that the government is prioritizing stricter antitrust enforcement in labor markets and likely returning to vertical integration regulation and enforcement, say attorneys at Holland & Knight.

  • Collaborative Tech Will Dictate Future Law Firm Success

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    Law firms need to shift their focus from solving the needs of their lawyers with siloed solutions to implementing collaboration technology, thereby enabling more seamless workflows and team experiences amid widespread embrace of hybrid and remote work models, says Kate Jasaitis at HBR Consulting.

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