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Employment
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March 12, 2024
Unions Say China's Shipbuilding Boom Is Based On Unfair Trade
The United Steelworkers and other labor unions called on the Biden administration to investigate unfair trade practices in China's shipbuilding sector in a 4,000-page petition Tuesday, calling empty U.S. shipyards a threat to national security and critical supply chains.
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March 12, 2024
Court Bars Ex-Exec From Sharing Info On Co.'s Body Armor
A North Carolina federal court granted a defense contractor's request to stop a former sales executive from sharing confidential information and export-controlled data with a foreign rival, while the court reviews the contractor's allegations.
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March 12, 2024
NC Software Execs Convicted Of Payroll Tax Crimes
Two former software executives in North Carolina were convicted Tuesday of failing to pay hundreds of thousands of dollars in employment taxes, but were absolved of charges that they lied on their individual tax returns, bringing to a close their five-day trial in Charlotte's federal courthouse.
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March 12, 2024
4th Circ. Upholds White Exec Firing Verdict But Cuts Damages
The Fourth Circuit on Tuesday affirmed a victory for a white hospital executive who won a jury trial in his lawsuit alleging he was fired as part of a diversity push, but found his $300,000 punitive damages award was unwarranted because he fell short in backing his claim that his employer knowingly violated federal law.
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March 12, 2024
Nurses' Challenge To NJ Vaccine Mandate Moot, Judge Rules
A New Jersey federal judge tossed a suit challenging Gov. Phil Murphy's vaccine mandate for healthcare workers, ruling the case is moot because the mandate had been rescinded.
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March 12, 2024
Security Systems Co. Beats Ex-Sales Worker's Sex Bias Suit
A security systems company defeated a former sales worker's lawsuit alleging she wasn't given the same commission splits as men and was fired for speaking up about the disparity, a Georgia federal judge ruled, agreeing with a magistrate judge that her suit wasn't detailed enough to move forward.
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March 12, 2024
Ex-Jaguars Employee Gets 6.5 Years For $22M Embezzlement
A Florida federal judge sentenced former Jacksonville Jaguars finance employee Amit Patel to six years and six months in prison Tuesday after he pled guilty last year to embezzling more than $22 million from the team that was eventually used for online gambling.
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March 12, 2024
11th Circ. Says Golf Course Volunteers Aren't Owed Pay
The Eleventh Circuit agreed with a lower court's dismissal of a wage lawsuit brought by attendants at a golf course owned by Palm Beach County, Florida, saying Tuesday that the workers were not owed wages under federal labor law because they knew they signed up for volunteer positions.
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March 12, 2024
Harvard Data Fraud Report To Be Released In Libel Case
A Harvard Business School's internal investigative report concerning data fraud allegations against a suspended professor will be made public in a defamation lawsuit against the school, a federal district judge ordered Tuesday.
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March 12, 2024
Davis Wright Adds 3rd MoFo Litigator This Month In Calif.
Davis Wright Tremaine LLP has added its third litigator this month from Morrison Foerster LLP with the addition of an employment and labor partner in Los Angeles, the firm announced Tuesday.
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March 12, 2024
Ga. Judge Says Lin Wood Did Defame Ex-Colleagues
A Georgia federal judge handed a win to former colleagues of former attorney L. Lin Wood in their defamation suit on Tuesday, ruling that Wood falsely accused them of criminal extortion.
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March 12, 2024
Detroit Tigers Say Age Bias Suit Should Be Thrown Out
The Detroit Tigers urged a Michigan federal court to throw out a suit from two former scouts who said they were fired as part of a systemic push to get rid of older employees, saying both men are included in a similar proposed class action in Colorado.
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March 11, 2024
White Male Law Student Claims Bias From Chicago Bears
A law student on Monday lodged race and sex discrimination claims against the Chicago Bears in Illinois federal court, claiming that the NFL team wrongly refused to hire him as a "legal diversity fellow" because he's white and a man.
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March 11, 2024
Drivers Drop Uber, Lyft Price-Fix Arbitration Appeal
The three Uber and Lyft drivers who were fighting to keep a suit accusing the ride-hailing companies of colluding to fix fare prices out of arbitration have dropped their appeal, according to a recent filing in a California state appeals court.
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March 11, 2024
'I Made A Huge Mistake,' Software Exec Says In Tax Fraud Trial
Two former software executives in North Carolina took the stand Monday in the government's tax fraud trial against them, where they portrayed a company in extreme distress as hundreds of thousands of dollars in employment taxes went unpaid and their personal lives crumbled.
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March 11, 2024
Ex-SAP Exec Says Whistleblowing Got Him Punished
Software giant SAP faces retaliation and age discrimination allegations in Pennsylvania federal court leveled by a former executive claiming he was forced into a meaningless role after requesting an investigation of potentially anti-competitive practices.
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March 11, 2024
Fired Lithium Co. Co-Founder Sues To Recoup 3.25M Shares
The former co-CEO and co-founder of a lithium fracking company sued the company in Delaware's Court of Chancery, seeking a court order that the company return 3.25 million shares of stock it allegedly repurchased from him after firing him in "bad faith."
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March 11, 2024
Ga. Restaurant Owes Workers $373K In Tips, Unpaid Wages
A Georgia judge on Monday ordered a Japanese restaurant located in Peachtree City and its owner to pay more than $373,000 to workers who accused the restaurant and its owner of stealing tips, failing to pay minimum wage and firing workers who opposed those practices.
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March 11, 2024
Contractor Wants Mich. Judge To Rethink Agreement Order
A demolition company has urged a Michigan federal judge to reconsider his finding that the number of labor contracts between its parent association and a union fund was ambiguous and needed more thought by an arbitrator, saying evidence on the record shows that the contractor was bound by just one agreement.
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March 11, 2024
Teamsters Can't Pause Discovery In $137M Fight With Yellow
A Kansas federal judge shot down the Teamsters' request to pause the discovery process in a $137 million lawsuit accusing the union of holding up a necessary corporate restructuring at the now-bankrupt trucking company Yellow Corp., ordering the union to keep producing documents.
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March 11, 2024
Denver Sportscaster Says Kroenke Punished Him For Rehab
A Hispanic Denver sports broadcaster opened up to a Colorado federal jury Monday about his substance abuse struggles and stint in a drug rehabilitation center, laying out how he was subsequently treated differently by management for Altitude Sports & Entertainment LLC and its parent company, pro sports empire Kroenke Sports & Entertainment LLC.
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March 11, 2024
Pfizer Slams Ex-Compliance Officer's Whistleblower Claims
Pfizer has asked a California federal court to again dismiss the bulk of a discrimination and retaliation lawsuit filed by a former compliance officer for the pharmaceutical giant, arguing his latest suit is "largely a regurgitation of his original complaint."
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March 11, 2024
Ill Will Pushed UNC Doc's Bawdy Party Lie, NC Justices Told
A former doctor at the University of North Carolina hospital wants the state's highest court to revive his defamation lawsuit alleging a supervisor's ill will motivated an investigation into a supposed bawdy party, telling the justices that the supervisor isn't afforded the immunity public officials receive from lawsuits.
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March 11, 2024
Biden Proffers $320M NLRB Budget, 'Penalties For Employers'
President Joe Biden proposed a bump in the National Labor Relations Board's budget to $320 million for the following fiscal year, the White House revealed Monday, presenting another potential increase for the board and "significantly increasing penalties for employers."
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March 11, 2024
Georgia Security Co. Broke Overtime Law, Suit Claims
A former supervisor at an Atlanta area security and investigations company alleged the firm underpaid its hourly employees by failing to dole out overtime wages, according to a proposed class action filed in Peach State federal court.
Expert Analysis
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Del.'s Tesla Pay Takedown Tells Boards What Not To Do
The Delaware Chancery Court’s ruthless dissection of the Tesla board’s extreme departures from standard corporate governance in its January opinion striking down CEO Elon Musk’s $55 billion pay package offers a blow-by-blow guide to mistakes Delaware public companies can avoid when negotiating executive compensation, say attorneys at Cleary.
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A Look Into How Jurors Reach High Damages Awards
In the wake of several large jury awards, Richard Gabriel and Emily Shaw at Decision Analysis shed light on challenges that jurors have in deciding them, the nonevidentiary and extra-legal methods they use to do so, and new research about the themes and jury characteristics of high-damages jurors.
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Compliance Tips For Employers Facing An Aggressive EEOC
This year, the combination of an aggressive U.S. Equal Employment Opportunity Commission, a renewed focus on large-scale recruiting and hiring claims, and the injection of the complicated landscape of AI in the workplace means employers should be prepared to defend, among other things, their use of technology during the hiring process, say attorneys at Seyfarth Shaw.
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Preparing For A New Wave Of Litigation Under Silicosis Rules
After the Division of Occupational Safety and Health of California issued an emergency temporary standard to combat noncompliance with assessments of workers' exposure to particles of crystalline silica, companies that manufacture, distribute or sell silica-containing products will need aggressive case-specific discovery to navigate a new wave of litigation, say attorneys at Dechert.
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Employer Trial Tips For Fighting Worker PPE Pay Claims
Courts have struggled for decades to reach consensus on whether employees must be paid for time spent donning and doffing personal protective equipment, but this convoluted legal history points to practical trial strategies to help employers defeat these Fair Labor Standards Act claims, say Michael Mueller and Evangeline Paschal at Hunton.
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Managing Competing Priorities In Witness Preparation
There’s often a divide between what attorneys and witnesses want out of the deposition process, but litigation teams can use several strategies to resolve this tension and help witnesses be more comfortable with the difficult conditions of testifying, say Ava Hernández and Steve Wood at Courtroom Sciences.
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Reimagining Law Firm Culture To Break The Cycle Of Burnout
While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Assessing Merger Guideline Feedback With Machine Learning
Large language modeling appears to show that public sentiment matches agency intent around the new merger control guidelines from the Federal Trade Commission and U.S. Justice Department, says Andrew Sfekas at Cornerstone Research.
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Understanding And Working With The Millennials On Your Jury
Every trial attorney will be facing a greater proportion of millennials on their jury, as they now comprise the largest generation in the U.S., and winning them over requires an understanding of their views on politics, corporations and damages, says Clint Townson at Townson Litigation Consulting.
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Grant Compliance Takeaways From Ga. Tech's FCA Settlement
Georgia Tech’s recent False Claims Act settlement over its failure to detect compliance shortcomings in a grant program was unique in that it involved a voluntary repayment of funds prior to the resolution, offering a few key lessons for universities receiving research funding from the government, says Jonathan Porter at Husch Blackwell.
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Series
Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.
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Deferral Pointers For Employers After $700M Ohtani Deal
Darren Goodman and Christine Osvald-Mruz at Lowenstein Sandler examine the legal consequences of Shohei Ohtani's $700 million, 10-year contract with the Los Angeles Dodgers — a high-profile example of nonqualified deferred compensation — and offer lessons for employers of all sizes interested in similar deals.
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Employer Lessons From Nixed Calif. Arbitration Agreement
A California state appeals court’s recent decision to throw out an otherwise valid arbitration agreement, where an employee claimed a confusing electronic signature system led her to agree to unfair terms, should alert employers to scrutinize any waivers or signing procedures that may appear to unconscionably favor the company, say Guillermo Tello and Monique Eginli at Clark Hill.
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EEO-1 Ruling May Affect Other Gov't Agency Disclosures
By tightly construing a rarely litigated but frequently asserted term, a California federal court’s ruling that the Freedom of Information Act does not exempt reports to the U.S. Department of Labor on workplace demographics could expand the range of government contractor information susceptible to public disclosure, says John Zabriskie at Foley & Lardner.
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Musk Pay Package Ruling Offers Detailed Lesson On Del. Law
Anat Alon-Beck and John Livingstone at Case Western Reserve University discuss the specifics that led Delaware's chancellor to rescind Elon Musk's $55.8 billion Tesla pay package on Jan. 30, how the state’s entire fairness doctrine played into the ruling, and its bigger-picture impact on the executive compensation landscape.