Employment

  • May 04, 2022

    NYC Pension Funds Sue Activision For Microsoft Merger Docs

    A group of New York City pension funds has sued Activision Blizzard in Delaware seeking documents connected to the video game maker's pending sale to Microsoft, a deal they said may have been rushed because Activision's CEOs wanted to slip allegations that he'd ignored sexual harassment complaints.

  • May 04, 2022

    Workers Sue Allstate For Unpaid OT After Kronos Hack

    A proposed collective action claims Allstate Corp. has inadequately paid overtime to workers after having problems with its timekeeping and payroll following the 2021 hack of workforce management company Kronos' payroll and timekeeping systems.

  • May 04, 2022

    Holland & Knight Nets $5.8M Atty Fee For Trade Secrets Suit

    Holland & Knight LLP secured a nearly $5.8 million attorney fee award on behalf of a California event staffing company that spent over a decade fighting a trade secrets lawsuit brought by a competitor, with a state judge slamming the rival for using litigation as a "business plan" to hurt its competitors.

  • May 04, 2022

    Gov't Can Dismiss Whistleblower Suits Anytime, Justices Told

    The U.S. Department of Justice and a UnitedHealth unit both urged the U.S. Supreme Court to decline an appeal by a whistleblower who claims the government waited too long to jump in and dismiss his False Claims Act lawsuit.

  • May 04, 2022

    NYC Uber Drivers Ask 2nd Circ. To Revive Pay Practices Suit

    New York City Uber drivers have told the Second Circuit that a federal carveout for interstate transportation workers shields them from having to arbitrate their claims that the ride-hailing giant illegally deducted ride-hailing taxes and inflated service fees from their fares.

  • May 04, 2022

    Policyholder Gains In Virus Coverage State Trial Court Suits

    Insurance carriers may hope that COVID-19 coverage litigation is nearing its end with rulings in their favor by the Massachusetts and Iowa high courts, but positive outcomes for policyholders in Nevada, Pennsylvania and California state courts show some of these suits may still have legs.

  • May 04, 2022

    Air Force Members Want Class Cert. In Ga. Vax Mandate Case

    Four anonymous U.S. Air Force employees asked a Georgia federal judge Tuesday to certify a class of thousands of defense workers who were allegedly wrongfully denied requests to be exempt from a COVID-19 vaccine mandate on religious grounds and to block the military from enforcing certain vaccine mandates against them.

  • May 04, 2022

    Barclay Damon Lands Ex-Cullen And Dykman Litigator In NY

    Barclay Damon LLP announced Tuesday it hired a veteran litigation attorney with over 30 years of experience in a variety of practice areas as a partner in its New York office.

  • May 04, 2022

    NBA Health Fraud Prosecutors Seize Ex-Players' Phones

    Manhattan federal prosecutors are reviewing the cellphone and email accounts of several retired NBA players in an expanding criminal case accusing them of scheming to pilfer $4 million from the league's health care system with phony medical claims.

  • May 04, 2022

    App Driver Voter Question Is Too Sweeping, Mass. Court Hints

    Massachusetts' top appellate court suggested Wednesday that a ballot initiative to create a new employment classification for gig drivers may have been drafted too broadly to give voters a simple up or down decision.

  • May 04, 2022

    Mercedes-Benz Worker Drops Class Suit Over Payroll Hack

    A 25-year employee of Mercedes-Benz USA LLP has dropped his proposed class action against the company over its alleged failure to properly pay overtime since a ransomware attack on its payroll system.

  • May 04, 2022

    5th Circ. Nixes Class Cert. In Dancers' Misclassification Suit

    A Texas district court erred in granting collective certification to a group of exotic dancers who claimed a strip club misclassified them as independent contractors, the Fifth Circuit ruled, saying some of the purported members signed binding arbitration agreements.

  • May 04, 2022

    Pa. Nurse Who Left Job Over COVID Gets No Unemployment

    A Pennsylvania nursing assistant who walked off the job rather than risk exposure to COVID-19 that could be passed on to her daughter can't receive unemployment because she was fired after failing to tell her employer why she left, a Pennsylvania appeals court ruled Wednesday.

  • May 03, 2022

    California Pizza Kitchen Inks Data Hack Deal Valued At $3.7M

    California Pizza Kitchen has agreed to a deal that has "a conservative value" of more than $3.7 million to end consolidated putative class actions saying a September data breach exposed the Social Security numbers of more than 100,000 of its employees, the workers said in California federal court Monday.

  • May 03, 2022

    Pot Worker Says 'Boys' Culture Ended Her Job

    Two workers at cannabis-growing companies say they were wrongly fired after protesting workplace conditions and gender bias, including prohibitions on women working in growing rooms and pregnant women working at the companies, according to a suit filed in California state court.

  • May 03, 2022

    Hospital Union Wants Pension Debt Dispute Thrown Out

    A Pennsylvania health care workers' union asked a federal judge to toss claims that it violated agreements and fraudulently stuck a Pittsburgh-area hospital with a $288,000 bill for unpaid pension fund contributions.

  • May 03, 2022

    Uber Tells 3rd Circ. That Drivers Can't Bypass Arbitration

    Uber has told the Third Circuit that a federal carveout for interstate transportation workers does not shield drivers from having to arbitrate their long-running wage and hour claims against the ride-hailing giant, saying Uber's valid and enforceable arbitration agreement nullifies this "sideshow" dispute.

  • May 03, 2022

    8th Circ. Sends Background Check Suit To Mo. State Court

    The Eighth Circuit tossed a suit Tuesday that accused a data center of breaking federal credit reporting law when it rescinded a job offer based on a background check that found a criminal conviction, sending the case to Missouri state court.

  • May 03, 2022

    Amazon Fired, Billed Worker Who Got Long COVID, Suit Says

    A former Amazon employee has filed a New York federal court lawsuit claiming that the digital retail giant terminated her for "job abandonment" after she took medical leave due to severe health issues she suffered after a COVID-19 infection, and even sent a bill for $12,000 over alleged "salary overpayment." 

  • May 03, 2022

    Ga. Supreme Court Revives Ex-Teacher's Retaliation Row

    A former teacher timely filed her retaliation lawsuit against the school district that fired her, the Georgia's supreme court ruled Tuesday, saying the one-year window within which she could sue started when she received a letter terminating her employment.

  • May 03, 2022

    Pa. Justices Won't Review Nurses' 18-Year Vacation Pay Row

    The Supreme Court of Pennsylvania won't revive an 18-year-old class action for former nurses at a Montgomery County hospital seeking to recover their vacation pay, after the justices refused to take up an appeal of a lower court ruling in the hospital's favor.

  • May 03, 2022

    Ex-BofA Analyst Says Co. Axed Child Care Benefits, Fired Her

    A former senior analyst for Bank of America said the company cut off her child care benefits while she was on bereavement and COVID-19 leave and later fired her, telling a Florida federal court she was retaliated against for taking leave.

  • May 03, 2022

    Ex-NJ Judge Loses Bid To Revive Suit Over Early Term End

    A New Jersey town appointing a municipal judge is "poles apart" from creating an employment contract with that judge, and he cannot sue for being terminated one year into his three-year term, a state appellate panel affirmed Tuesday.

  • May 03, 2022

    Ga. Justices Modify Attorney Rule On Contacting Ex-Staffers

    The Georgia Supreme Court on Tuesday approved a modified State Bar of Georgia rule that allows attorneys to contact former employees of organizations involved in litigation, rejecting arguments from the defense bar that former workers should be off-limits.

  • May 03, 2022

    Qualcomm Settles Trade Secrets Suit Against Ex-Engineer

    Qualcomm Technologies Inc. has informed a California federal judge that it settled a trade secrets suit against a former engineer, resolving claims that he swiped confidential company know-how for a rival technology developer.

Expert Analysis

  • Attorneys Today Need To Depose Like There's No Tomorrow

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    With people leaving the workforce in droves amid the “Great Resignation” and with younger workers less inclined to stay in one place for long, attorneys need to adjust their deposition strategies to minimize risks of losing crucial witnesses who may move on from a client or opponent company before a case goes to trial, say Anthony Argiropoulos and Maximilian Cadmus at Epstein Becker.

  • Parsing Recent DOJ Statements On Monopolistic Conduct

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    Andre Geverola and Javier Ortega at Arnold & Porter provide context for the U.S. Justice Department's recent statements on enforcement against monopolistic conduct, as well as guidance on how the DOJ is likely to focus its attention moving forward.

  • How DC Federal Court Ruling Limits Wire Fraud Act Scope

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    The recent D.C. federal court decision U.S. v. Guertin, holding that a scheme to maintain a preexisting salary does not constitute obtaining money or property under the wire fraud statute, reinforces the act's textual limitations and curbs prosecutorial overreach, say Ashwin Ram and Galen Kast at Steptoe & Johnson.

  • After Ill. Ruling, Trucking Cos. Must Review Biometric Policies

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    The Illinois Supreme Court's recent ruling in McDonald v. Symphony Bronzeville Park, upholding an employee's right to sue her employer for collecting biometric data without written permission, serves as a compliance warning to trucking companies, who are especially reliant on biometric identifiers, say attorneys at MG+M.

  • A Guide To DHS' Work-On-Arrival Policy For Visa Dependents

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    In light of the U.S. Department of Homeland Security's new policy effectively allowing spouses of L and E visa holders to work in the U.S. immediately upon entry, employers should adjust their I-9 verification procedures to avoid unlawful discrimination, and qualifying dependents should be aware of best practices, says Andrew Greenfield at Fragomen.

  • How Attorneys Can Ethically Terminate A Client Relationship

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    As illustrated by Dentons’ recent request to withdraw from its representation of a casino mogul in Bartlit Beck v. Okada, terminating client relationships prematurely can be tricky and met with skepticism in the courts, but following certain best practices can make the process a little less painful for everyone involved, says Trisha Rich at Holland & Knight.

  • When Presuit Demands Cross The Line To Extortion

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    A California appellate court’s recent decision in Falcon Brands v. Mousavi & Lee clarifies the difference between aggressive settlement posturing and criminal extortion, reminding attorneys to be careful not to threaten adverse actions unrelated to a client's allegations when making prelitigation monetary demands, say attorneys at Michelman & Robinson.

  • The Key To Turning Solid Briefs Into Winning Briefs

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    Even a well-written brief can omit key facts, make tone-deaf legal arguments or ignore practical implications, so lawyers drafting motions and appeals should incorporate feedback processes akin to moot courts and jury research, says Andrew Nichols at Charis Lex.

  • Steps For Universities As DOJ Shifts Foreign Influence Policy

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    Notwithstanding Wednesday's U.S. Department of Justice announcement terminating the initiative targeting Chinese influence and raising the bar for criminal prosecutions, universities should ensure their compliance controls meet new disclosure standards and that they can efficiently respond to inquiries about employees' foreign connections, say attorneys at Covington.

  • Best Practices For H-1B Visa Case Vetting Before Registration

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    Even though registration for the H-1B visa lottery, which opens for this fiscal year on March 1, does not require preparation of a full-fledged petition, employers should systematically vet prospective applicants ahead of time, thereby ferreting out potential eligibility issues and avoiding costly requests for evidence later on, says Steven Malm at Haynes and Boone.

  • How Health Care Cos. Can Prepare For DOJ's Cyberfraud Push

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    Enforcement of the U.S. Department of Justice’s new cyberfraud initiative will initially occur largely through civil investigations that broadly apply the False Claims Act, so health care organizations should ensure that their practices can withstand hacks, whistleblowers and government scrutiny, say Katie McDermott and Mark Krotoski at Morgan Lewis.

  • Self-Evaluative Privilege May Protect Internal Investigations

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    The emerging self-evaluative privilege may help companies to protect internal communications used to improve quality and safety after the occurrence of an adverse event, but given courts' varying degrees of recognition of this privilege, there are inherent risks in relying on it, say attorneys at Butler Snow.

  • Walter Dellinger's Little-Known, Outsize Impact On Legal Aid

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    The late Walter Dellinger’s pro bono work distinguishes him forever, but his greatest moment involved a little-known U.S. Supreme Court case, Brown v. Legal Foundation of Washington, which helped preserve one of the largest sources of legal aid funding — and Dellinger’s arguments were as magical as the program he helped save, says David Lash at O'Melveny.

  • Why I'll Miss Arguing Before Justice Breyer

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    Carter Phillips at Sidley shares some of his fondest memories of retiring Justice Stephen Breyer both inside and out of the courtroom, and explains why he thinks the justice’s multipronged questions during U.S. Supreme Court oral arguments were everything an advocate could ask for.

  • Opinion

    Amid Historic Spending, Congress Should Strengthen FCA

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    Notwithstanding the misleadingly rosy picture painted by the U.S. Department of Justice’s fiscal year 2021 False Claims Act recovery statistics, Congress should close legislative gaps that deter whistleblower actions, especially in light of increasingly high government spending and adjacent opportunities to misuse public funds, says Jeb White at Taxpayers Against Fraud.

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