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Employment

  • June 5, 2019

    2nd Circ. Wants Injunction Rewritten In Trade Secret Dispute

    The Second Circuit on Wednesday upheld an injunction that a consultant provider won blocking two former employees from misusing its trade secrets to boost a competing business they created, but said the trial court must redraft it to include more specifics about the information it is intended to protect.

  • June 5, 2019

    Mexico Trip Can't Undo $2M FMLA Verdict, Mass. Court Rules

    Massachusetts’ top court affirmed a $2 million judgment on behalf of an employee fired by a public authority, agreeing with a jury Wednesday that he was wrongly terminated and did not violate the Family and Medical Leave Act by taking a trip to Mexico while on leave.

  • June 5, 2019

    MoFo Says Female Attys Alleging Bias Were Treated Fairly

    Morrison & Foerster LLP provided detailed stories to a California federal court Tuesday of times it says female attorneys suing the law firm for sex discrimination fell short of expectations, and thus were rightly held back from advancing, passed by for a bonus or fired.

  • June 5, 2019

    Cozen O'Connor Adds 3 Attys To Institution Response Group

    Cozen O'Connor has added three veteran attorneys as counsel to its institutional response group in Philadelphia with extensive experience conducting investigations into child abuse, sexual harassment, discrimination and other types of misconduct.

  • June 5, 2019

    Key Democrats Outline NAFTA 2.0 Wish List

    A group of moderate Democratic lawmakers on Wednesday came out with their conditions for passing the revised North American Free Trade Agreement, calling for an improvement of the deal's labor and environmental rules as well as a deescalation of President Donald Trump's tariff threats against Mexico.

  • June 5, 2019

    Fifth Circ. Denies Straight Worker's Bid To Revive Bias Suit

    ​A worker's request that the full Fifth Circuit reconsider the dismissal of Title VII claims she was fired because she is straight fell flat Tuesday when the court upheld a panel's decision that the law doesn't protect against bias over sexual orientation. 

  • June 5, 2019

    Feds Left Employer In Dark About Embezzler's Past, Suit Says

    A Massachusetts event-planning company said it had no idea its part-time bookkeeper, who was allegedly embezzling money from the company, had previously been indicted and sentenced to prison for doing the same thing to a past employer, the company said Tuesday in a lawsuit against the federal government.

  • June 5, 2019

    USPS Baited Worker With Hostile Review, NLRB Says

    The U.S. Postal Service violated federal labor law by firing a worker over his exasperated response to a negative performance review given days after his reinstatement following an earlier firing dispute, the National Labor Relations Board said Tuesday.

  • June 5, 2019

    Pharma Co. Hid Value To Shrink Payout, Says Former Exec

    Cerberus Capital Management and Covis Pharmaceuticals understated the value of pharmaceutical assets to a former executive to dupe him into selling his profit interests millions of dollars short of their worth, the former manager has claimed in New York federal court.

  • June 5, 2019

    Ex-Goldman Analyst Links Firing To Homophobia Complaints

    A gay ex-Goldman Sachs analyst hit the finance giant with a New York state suit Wednesday alleging he was fired for complaining about homophobic comments, including his boss’ asking him “Do you act this way because you’re gay?” following a disagreement.

  • June 4, 2019

    Furniture Co. Aaron's Settles With EEOC Over Racism Claims

    Aaron's Inc. will shell out $425,000 to settle a U.S. Equal Employment Opportunity Commission lawsuit over its allegedly hostile and racist work environment at one of the nationwide furniture chain's warehouses, according to a consent decree approved Tuesday in New York federal court.

  • June 4, 2019

    Ex-CBP Official Claims Cancer Prompted Workplace Bias

    A former U.S. Customs and Border Protection employee has accused the agency of subjecting him to hostile treatment as he was battling prostate cancer and ultimately forcing him to quit, according to a California federal court filing.

  • June 4, 2019

    Coke Florida Owner Can't Escape Chancery Stock Award Case

    A Delaware Chancery Court judge said Tuesday the owner of a Florida Coca-Cola bottling operation had conflicts of interest that support an inference he may have acted in bad faith when denying a former executive performance-based stock awards, but tossed the remainder of the employee's claims.

  • June 4, 2019

    Ex-Barclays Security Guard Accuses AEG Of Discrimination

    A former assistant security manager for the Barclays Center hit AEG Management with a discrimination suit, saying the company made him a scapegoat after an April 2018 shooting between gang members because he is young and African American.

  • June 4, 2019

    Columbia U Asks NY Court To Vacate Union Arbitration Award

    Columbia University has asked a New York state court to overturn an arbitrator’s award it says imposed a daily overtime requirement, arguing that the arbitrator perverted its collective bargaining agreement with the Technical, Office and Professional Union, Local 2110.

  • June 4, 2019

    Freight Drivers Must Arbitrate Wage Suit Under NJ Law: Panel

    A New Jersey state appeals court said Tuesday that drivers suing freight broker Strategic Delivery Solutions LLC for alleged wage violations would still have to arbitrate their claims under a state arbitration law, even if they're found by a lower court to be transportation workers and therefore exempt from the Federal Arbitration Act.

  • June 4, 2019

    Justice's Son John Scalia Returns To Greenberg Traurig In Va.

    John Scalia, a son of the late U.S. Supreme Court Justice Antonin Scalia, has rejoined the labor and employment practice at Greenberg Traurig LLP after stints at Littler and Pillsbury, the firm said Tuesday.

  • June 4, 2019

    Nationwide Must Face In-House Atty's Disability Bias Claim

    An in-house trial attorney at Nationwide Mutual Insurance Co. who had parts of each leg amputated may have been discriminated against in his firing, an Illinois federal judge said Monday.

  • June 4, 2019

    Burger King Franchisee Trampled Worker's FMLA Rights

    A Burger King franchisee illegally blocked a former worker at an Alabama location from invoking the Family and Medical Leave Act, a federal judge has ruled, saying the company didn’t follow its own rules pertaining to FMLA notice and was partially at fault for the worker not directly contacting HR officials as the company required.  

  • June 4, 2019

    Paul Hastings Wins Fees In Ex-American Apparel CEO's Suit

    An American Apparel board member who beat a defamation suit by ex-CEO Dov Charney won fees for his Paul Hastings attorneys Tuesday, though the California judge granted only a third of the sought-after sum, saying the request was substantially greater than fees awarded for defeating similar Charney suits.

  • June 4, 2019

    Walmart Workers' Attys Taken To Task For 11th-Hour Request

    A Florida federal judge upbraided the attorneys representing four women suing Walmart for gender bias after they submitted a request for a page-limit extension at 10 p.m. on Friday, just two hours before the response was due, saying it put the court in an "untenable position."

  • June 4, 2019

    NJ Strip Club Loses Bid To Challenge Unemployment Taxes

    The New Jersey Supreme Court will not entertain a strip club operator's bid to overturn a state appellate ruling that it improperly failed to pay unemployment taxes for exotic dancers, as the justices refused to second-guess the lower court's conclusion that the performers were employees, not independent contractors.

  • June 4, 2019

    Maine Doc Canned For Bullying Loses Wrongful Firing Suit

    Maine's highest court on Tuesday affirmed the dismissal of a suit accusing a hospital of wrongfully terminating a physician for bullying and other unprofessional behavior, rejecting the doctor's argument that the trial judge should have ordered a mental health evaluation or appointed a legal guardian.

  • June 4, 2019

    NC Gov. Won't Fight Transgender Bathroom Access

    North Carolina Gov. Roy Cooper and LGBTQ advocates that challenged the state’s controversial transgender bathroom access law have asked a federal judge to approve a deal under which transgender people will not be blocked from using their preferred bathroom. 

  • June 4, 2019

    John Marshall Law School Pushes To End Male Bias Claims

    John Marshall Law School has urged an Illinois federal court to toss a case in which a terminated official alleges he was fired because he is a man, arguing the worker comes nowhere close to establishing that the school violated federal law by dismissing him.

Expert Analysis

  • Class Arbitration Is Almost Dead

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    The U.S. Supreme Court's recent decision in Lamps Plus v. Varela virtually forecloses a court’s ability to order parties to class arbitration — but one trapdoor remains, say Jay Bogan and Allen Garrett of Kilpatrick Townsend.

  • Inside OFCCP's New Affirmative Action Compliance Proposal

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    Earlier this month, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs proposed changes to affirmative action monitoring procedures. If approved, federal construction contractors may be subject to oversight more often, say Aron Beezley and Amandeep Kahlon at Bradley Arant.

  • Rebuttal

    Forced Arbitration Is A Far Worse 'Product' Than Jury Trials

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    Jury trials are not dying because arbitration is a “better product,” as alleged in a recent Law360 guest article, but because corporations have rigged the system through forced arbitration to ensure they cannot be held accountable before a judge or jury, say attorneys at Hagens Berman.

  • Guest Feature

    Preet Bharara On The Human Factor In The Justice System

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    A key theme in Preet Bharara's new book is the enormous role the human element plays in the administration of justice. The former U.S. attorney for the Southern District of New York discussed this theme, among other topics, in a recent conversation with White and Williams attorney Randy Maniloff.

  • OFCCP Case Changes The Game For Contractor Pay Audits

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    An administrative law judge's decision in Office of Federal Contract Compliance Programs v. Analogic rejected the theory of disparate impact that the OFCCP applied to sex-based pay discrimination and provides lessons on how contractors should respond to OFCCP pay system audits, say Soul Cherradi of BP, Dan Kuang of Biddle Consulting and attorneys at Bello Welsh.

  • Gov't Contractors, Be Prepared For FCA Parallel Proceedings

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    The continued sprawl of False Claims Act cases warrants scrutiny of one of the statute's less understood characteristics — one set of facts can lead to concurrent or successive proceedings initiated by a combination of criminal, civil or administrative authorities, as well as private plaintiffs, say attorneys at DLA Piper.

  • Illinois Courts Will Continue To Interpret BIPA Broadly

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    Against the backdrop of the Illinois Supreme Court's Biometric Information Privacy Act opinion in Rosenbach v. Six Flags, an Illinois appellate court's recent decision in Liu v. Four Seasons reinforces that companies must carefully design and implement stringent BIPA policies to protect against class actions and related liability, say attorneys with Eversheds Sutherland.

  • Rebuttal

    Jury Trials, Though In Decline, Are Well Worth Preserving

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    In a recent Law360 guest article, the author applauded the disappearance of jury trials as an inefficient, costly mechanism, but in doing so he overlooked the greater value of jury trials for our justice system, says Stephen Susman, executive director of the Civil Jury Project at NYU School of Law.

  • A Broader View Of The US Supreme Court Bar

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    During the past 15 years, three widely read articles bolstered by starstruck media have promulgated the incorrect perception — sorely in need of revision — that the U.S. Supreme Court bar is limited to a handful of elite lawyers, says Lawrence Ebner of Capital Appellate Advocacy.

  • The Potential Impact Of Reversing Chevron Deference

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    Some questions during U.S. Supreme oral arguments in Kisor v. Wilkie suggested a willingness to overturn Auer deference. If this leads to the scuttling of Chevron deference, rapidly evolving areas of law like labor and employment could benefit from a return to courts addressing ambiguities in federal statutes, says Michael Abcarian of Fisher Phillips.

  • Are Calif. Real Estate Agents Still Independent Contractors?

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    The California Supreme Court's Dynamex decision makes it very difficult for real estate brokerage firms to continue treating their agents as independent contractors, but there are some glimmers of hope for firms, say Mary Watson Fisher and Anna Greenstin Kudla of Walsworth.

  • Trade Secret Takeaways From 9th Circ. Beer Recipe Ruling

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    The Ninth Circuit's recent opinion in Anheuser-Busch v. Clark — concerning AB’s beer recipe and brewing process — underscores the importance of providing the court with ample evidence of an employer’s efforts to keep its trade secrets confidential in the face of an anti-SLAPP motion, says Dan Forman of Carothers DiSante.

  • Kickstarter's Unionizing Efforts May Signal New Trend In Tech

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    Historically, employee organizing efforts at tech companies have been limited to lower-paying positions, but Kickstarter employees' recently announced plans to unionize could signal a shift toward increased unionizing efforts by tech workers in higher-paid positions, says Candice Zee of Vedder Price.

  • New Chancery Guidance On Books And Records Law

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    The Delaware Court of Chancery’s recent decisions in Schnatter, Tempur-Sealy and CHC Investments further delineate the metes and bounds of a stockholder's right to obtain a company's books and records, say attorneys with Winston & Strawn.

  • Downsides To Accelerating Contractor Debarment Decisions

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    A new pilot program from the U.S. Department of Labor aims to reduce processing times for suspensions and debarments of indicted or convicted government contractors, but there are a few reasons the agency might reconsider the plan, says Dominique Casimir of Arnold & Porter.

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