Employment

Expert Analysis

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

  

  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

  

  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

  

  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

  

  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

  

  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?

  

  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

  

  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

  

  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

  

  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

  

  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.

• Opinion

  Jury Trials Are In Decline For Good Reason

  

  A recent Law360 article reported on federal judges bemoaning jury trials' nationwide decline, but these laments are unfounded as jury trials have been replaced by better alternatives, says J.B. Heaton of J.B. Heaton Research.

• Reverse FCA Cases Rise With 'America First' Trade Policies

  

  Though the number of reverse False Claims Act suits alleging importers made false customs declarations will likely keep increasing given the Trump administration's protectionist policies, importers can take steps to mitigate their risks, say attorneys at Crowell & Moring.

• What To Expect 1 Year After DOL's Updated Internship Test

  

  As companies begin to usher in summer interns, it's not extremely clear how courts will apply the U.S. Department of Labor's seven-part test for classifying internships as paid or unpaid, which was introduced just over one year ago and has not yet been addressed in a major lawsuit, says Elizabeth Vulaj of Segal McCambridge.

• Few Avenues To Protection For Foreign FCPA Whistleblowers

  

  The Ninth Circuit's recent decision in Wadler v. Bio-Rad falls within a larger pattern of federal courts interpreting whistleblower protection statutes narrowly — especially when employees raise allegations about international business and potential Foreign Corrupt Practices Act violations abroad, say Daniel Wendt and Amelia Hairston-Porter of Miller & Chevalier.

• Series

  Why I Became A Lawyer: A Circuitous Path To The Law

  

  Instead of going to college after high school, I followed in my father’s footsteps and became an electrician. Later I became an electrical engineer, and then an IP attorney. Every twist and turn along the way has made me a better lawyer, says Joseph Maraia of Burns & Levinson.