Employment

  • July 16, 2021

    3rd Circ. Upholds Injured Ship Worker Employment Ruling

    A seafarer's union member injured during temporary day work aboard a Maersk container ship in New Jersey in 2012 has failed to convince the Third Circuit to keep alive challenges to a district court ruling barring negligence claims against either Maersk or a supervising contractor.

  • July 16, 2021

    Walmart Owes $125M For Firing Disabled Employee, Jury Says

    A Wisconsin federal jury awarded over $125 million Friday to a longtime Walmart employee with Down syndrome fired over difficulty with a schedule change following a trial led by the U.S. Equal Employment Opportunity Commission.

  • July 16, 2021

    MGH's Double-Booked Surgeries An FCA 'Sin,' Doctor Says

    A former Massachusetts General Hospital anesthesiologist on Thursday called MGH's practice of running concurrent or overlapping surgeries without telling patients "a sin," as each side fought for a pretrial win in the doctor's long-running case.

  • July 16, 2021

    Pa. Resort Employee Sues Over Mauling By Captive Bear

    An employee at Pennsylvania's Nemacolin Woodlands Resort who was mauled by a captive bear while giving a tour blamed the resort's ownership, veterinary consultants and enclosure designers in a negligence lawsuit filed in state court.

  • July 16, 2021

    Mich. Atty's Attack On Mandatory State Bar Fails At 6th Circ.

    A Michigan lawyer's constitutional challenge to her compulsory state bar was properly thrown out by a trial judge, the Sixth Circuit ruled Thursday, saying courts cannot disregard U.S. Supreme Court precedents "unless and until" they have been overruled by the high court.

  • July 15, 2021

    Fox Rothschild Drops Bid To Toss Ex-Associate's Bias Suit

    Fox Rothschild LLP on Thursday withdrew its bid to toss a former associate's pregnancy discrimination suit on grounds that she'd failed to respond to discovery requests, telling a New Jersey judge it had received discovery responses since filing its motion last week.

  • July 15, 2021

    Litigation Funder Says DQ'd NFL Concussion Firm Owes $30M

    The insolvent firm of Tim Howard, a Florida attorney who was accused of swindling NFL players out of their life savings and was recently disqualified from the league's concussion settlement, owes litigation funder Virage Capital Management $30 million, according to recent insolvency proceedings in Florida state court.

  • July 15, 2021

    Calif. Justices Say OT Rules Apply To Missed Meal Breaks

    A California requirement that employers pay workers for missed breaks at their "regular rate of compensation" tracks with an overtime requirement for payment based on their "regular rate of pay" and therefore includes all nondiscretionary payments, not just hourly wages, the state Supreme Court ruled Thursday.

  • July 15, 2021

    Fla. Court Recommends $608K For Fired CBD Franchisee

    A federal magistrate judge recommended Thursday that a former American Shaman CBD store franchisee be granted a $608,400 default judgment on claims that a fellow Florida franchisee interfered with his contract by getting involved in the operation of his store and later firing him.

  • July 15, 2021

    DaVita, Ex-CEO Indicted In Ongoing DOJ No-Poach Probe

    Kidney dialysis center operator DaVita and its former CEO have been accused in an indictment of colluding with competitors on agreements not to recruit one another's senior-level employees, the U.S. Department of Justice said Thursday.

  • July 15, 2021

    How Biden's Competition Order Affects The Antitrust Agencies

    President Joe Biden put competition issues at the forefront of his administration's agenda with an executive order July 9 seeking a change in course after what he called a 40-year "failed" experiment in lax enforcement, imploring the FTC and DOJ to be more active in challenging deals and calling for use of other tools to promote competition.

  • July 15, 2021

    Luxottica Accused Of Waging Anti-Union Crusade In Georgia

    Four labor groups said Thursday that they've filed a complaint against Italian eyewear maker Luxottica, accusing it of waging an anti-union-organizing campaign at its Georgia manufacturing and distribution center.

  • July 15, 2021

    Flex Drivers Rip Amazon's 'Bait and Switch' Arbitration Bid

    Amazon Flex drivers told a Washington district court Wednesday that a federal carveout for interstate transportation workers shields them from having to arbitrate their claims that the e-commerce giant withheld drivers' tips, ripping Amazon's attempted "bait-and-switch" argument on the impact of a key Ninth Circuit ruling.

  • July 15, 2021

    Netflix Sued By Ex-Legal Affairs Director For Alleged Bias

    Netflix has been slapped with wrongful termination and gender and race discrimination claims by a former director in its business and legal affairs department, who contends the streaming giant tossed her after she complained about its tax structure in India.

  • July 15, 2021

    Former Bilzin Sumberg Partner Joins Mark Migdal & Hayden

    Miami-based boutique law firm Mark Migdal & Hayden on Wednesday announced the hiring of a former equity partner at Bilzin Sumberg, expanding its international arbitration and litigation practice.

  • July 15, 2021

    Ill. Doesn't Owe Atty Fees In Workers' Comp COVID Rule Suit

    The Illinois Workers' Compensation Commission isn't on the hook for legal fees in a lawsuit challenging its emergency rule providing an avenue for frontline workers and first responders exposed to COVID-19 to seek benefits, as it repealed the rule on its own and not by a court's order, an Illinois appellate panel said Wednesday.

  • July 15, 2021

    BofA Cheated Mortgage Workers Out Of Wages, Suit Says

    Bank of America stiffed its loan mortgage personnel on overtime wages by taking back pay from their commissions, according to a proposed class action filed in California federal court.

  • July 15, 2021

    Ga. Judges Say Hurt Worker Can Get Award For Slip On Break

    The Georgia Court of Appeals said a worker in a slip-and-fall suit stemming from an injury on her lunch break can get benefits under Georgia's workers' compensation law, reversing itself in light of a new precedent set by the state Supreme Court.

  • July 15, 2021

    Ex-XFL Commish 'Evading' Answers In Firing Suit, Court Told

    Former XFL Commissioner Oliver Luck is "stonewalling" discovery in his $24 million suit over his firing in order to avoid admitting that he slacked off during his final months on the job, the league's former parent company and founder told a federal judge Wednesday.

  • July 15, 2021

    DLA Piper Adds Ex-Goodwin Procter Employment Pro In Calif.

    DLA Piper has added an employment attorney previously with Goodwin Procter LLP who specializes in advising clients on corporate transactions as a partner in its San Francisco office, the firm has announced.

  • July 15, 2021

    As State Anti-Vax Laws Pass, Mandate Suits Poised To Evolve

    Suits challenging COVID-19 vaccination requirements by employers and universities are just starting to appear, but the litigation landscape is already rapidly evolving, as state laws and federal precedent shift and employers weigh the litigation risks of requiring shots versus doing nothing.

  • July 14, 2021

    Tinder Gets Sex Misconduct Claims Cut In $5B Founders' Suit

    A New York state judge Wednesday cut allegations of a corrupt sexual misconduct investigation into a former Tinder CEO as weak and prejudicial to the core issue in a $5.6 billion contract lawsuit by the company's founders who claim their ownership stakes were eviscerated through corporate skullduggery.

  • July 14, 2021

    DOJ Report Says FBI Botched Nassar Sex Abuse Investigation

    The FBI disregarded Olympic gymnasts' allegations of sexual abuse by former team doctor Larry Nassar and made false statements to contain the fallout of its botched investigation, the U.S. Department of Justice's internal watchdog said in a scathing report Wednesday.

  • July 14, 2021

    Insurer Wants Out Of Assisted Living Facility's BIPA Suit

    Church Mutual Insurance Co. told an Illinois federal judge Wednesday that its $7 million policies do not cover an assisted living facility in a proposed class action alleging violation of biometric privacy law, saying the policies' exclusions bar coverage.

  • July 14, 2021

    Electrician Training Program Wants Out Of Personal Injury Suit

    A company running a training program for electrical workers urged a Georgia federal court Wednesday to release it from an apprentice's lawsuit claiming the program's negligence led to his electrocution, arguing that federal benefits law preempted his personal injury claims.

Expert Analysis

  • 7 Lessons For Young Lawyers Starting Their Careers

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    This year's law graduates and other young attorneys must recognize that the practice of law tests and rewards different skills and characteristics than law school, and that what makes a lawyer valuable changes over time, says Vernon Winters, retired partner at Sidley.

  • Opinion

    Justices Should Clarify Securities Fraud Loss Causation

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    At its May conference, the U.S. Supreme Court should agree to review BofI Securities Litigation, to clear up a circuit split on how to assess loss causation in securities fraud cases, as shareholder class actions increasingly focus on external events that led to a stock drop, says Lyle Roberts at Shearman & Sterling.

  • How Gov't FCPA Hiring Practices Theory May Pan Out In Court

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    In recent settlements with banks, U.S. authorities have taken the position that providing a job or even an unpaid internship to relatives or friends of foreign officials is a violation of the Foreign Corrupt Practices Act, but it is worth assessing how this theory would fare in individual prosecutions, say attorneys at Debevoise.

  • The Pandemic's Bright Spots For Lawyers Who Are Parents

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    The COVID-19 crisis has allowed lawyers to hone remote advocacy strategies and effectively represent clients with minimal travel — abilities that have benefited working parents and should be utilized long after the pandemic is over, says Chelsea Loughran at Wolf Greenfield.

  • Opinion

    Revise Mansfield Diversity Mandates To Also Benefit Veterans

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    The well-intentioned efforts and salutary purposes of the legal industry's Mansfield Rule diversity metric are tainted by the Diversity Lab initiative's omission of veterans, who are underrepresented at large law firms and entitled to advantageous treatment based on more than 200 years of public policy, says Robert Redmond at McGuireWoods.

  • Opinion

    Leverage The National Interest Waiver To Help US Economy

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    Understanding the intricacies and complexities of the national interest waiver, and positioning this immigration benefit to foreign nationals who are likely to create jobs for U.S. workers in health care, technology and other fields, are integral to post-pandemic economic recovery, says Miatrai Brown at Hayman Woodward.

  • Lessons From Key Expert Testimony In Chauvin Trial

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    During the trial of former Minneapolis police officer Derek Chauvin, pulmonologist Martin Tobin gave a gripping account of the cause of George Floyd’s death, engaging jurors in creative ways and bringing five important lessons for lawyers preparing expert witnesses, say Harlan Prater and Logan Matthews at Lightfoot Franklin.

  • Why The Future Law Firm Model Is Industry-Based Offerings

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    Multidisciplinary, industry-based groups at law firms allow for more holistic legal advice, lead to sustainable client relationships, and are likely to replace practice group monoliths at many firms, say Jennifer Simpson Carr at Furia Rubel, Timothy Corcoran at Corcoran Consulting and Mike Mellor at Pryor Cashman.

  • Enforcement Takeaways From ABA Antitrust Meeting

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    Although many are calling for sweeping changes to antitrust laws, virtual sessions of the American Bar Association's 69th Antitrust Law Spring Meeting reveal that state and federal enforcers are already able to challenge big tech, acquisitions of small, nascent competitors, and wage-fixing and no-poach agreements, say attorneys at Perkins Coie.

  • Thought Leadership's Critical Role In Law Firm Diversity

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    Minority attorneys are often underrepresented in conferences, media interviews and other law firm thought leadership campaigns, which affects their visibility with potential clients and their ability to advance at their firms, says John Hellerman at Hellerman Communications.

  • 9th Circ. Ruling Offers Defendants Hope On Remand Appeals

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    The Ninth Circuit's recent decision in Academy of Country Music v. Continental Casualty comes as welcome news for defendants in many types of litigation because it outlines a possible avenue for appeal when an attempt to remove a case from state court to federal court has resulted in a remand order, say attorneys at Dechert.

  • Opinion

    The Right Approach To Personal Jurisdiction In Class Actions

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    Since the U.S. Supreme Court's 2017 decision in Bristol-Myers Squibb Co. v. Superior Court, three approaches to personal jurisdiction over absent class members have emerged in the lower courts, but only one comports with due process and limitations on procedural devices imposed by the Rules Enabling Act, say David Kouba and Andreas Moffett at Arnold & Porter.

  • Opinion

    It's Time To Modernize Amateurism In College Sports

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    Recent U.S. Supreme Court oral arguments in a case challenging the NCAA’s freedom from antitrust constraints — together with proposed federal legislation and U.S. Golf Association rules favorable to student-athletes — signal a coming, needed sea change in the definition of amateurism in college sports, says Geoffrey Lottenberg at Berger Singerman.

  • What Associates Should Consider Before Switching Practices

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    The current high demand for midlevel associates provides them a rare opportunity to potentially explore new practice areas, but associates should first ask themselves six questions to begin figuring out why a change sounds appealing, says Stephanie Biderman at Major Lindsey.

  • 4 Effective Ways To Prioritize Client Advocacy

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    To truly support a client going through a complicated lawsuit or a painful experience, lawyers must think beyond interpreting legal guidelines and navigating court proceedings, says attorney Scott Corwin.

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