Employment

  • June 16, 2022

    7th Circ. Says Tariff Whistleblower Wasn't Wrongly Fired

    The Seventh Circuit on Thursday ruled that a former senior global trade and customs manager for a Wisconsin-based window cover manufacturer was not unlawfully fired for her stance that the company owed higher tariffs for certain fabrics originating from China.

  • June 16, 2022

    Court Declines To DQ Firm For Ex-Atty's Actions In NCAA Suit

    An Indiana federal magistrate judge refused to disqualify Fegan Scott LLC from a proposed discrimination class action against the NCAA, saying it is clear one of its ex-attorneys kept the firm in the dark about his side hustle as a document reviewer for the collegiate organization.

  • June 16, 2022

    9th Circ. Judge Open To Reviving UPS Hostile Workplace Suit

    A Ninth Circuit judge on a three-judge panel appeared open Thursday to reviving an ex-UPS manager's hostile work environment claims against the delivery company, saying UPS is asking the panel to resolve many factual issues to affirm "there's no 'there' there… and that always makes me uncomfortable on summary judgment."

  • June 16, 2022

    Steptoe & Johnson Hires ERISA Pro Away From Winstead

    Steptoe & Johnson PLLC is continuing its rapid expansion in Texas with the recent hiring in Dallas of a former Winstead PC shareholder specializing in advising clients on employee benefit plans.

  • June 16, 2022

    Partner's Estate Seeks $1M In Pay Suit Against NJ Firm

    The estate of a deceased partner of now-defunct Hack Piro PA has called on a New Jersey state court to award it about $1 million in a suit against the firm and two former partners over claims they breached a compensation agreement.

  • June 16, 2022

    Pa. Workers Get Full Benefits For Year Cut Short By Sale

    Former union employees at the Municipal Authority of the City of McKeesport, Pennsylvania, must be paid for unused vacation and sick days that disappeared when the company was sold to Pennsylvania American Water, terminating their contract two weeks before their benefits vested, a state appeals court ruled.

  • June 16, 2022

    AIG Unit Says No Coverage For Pet Store's BIPA Suit

    An AIG unit told a Michigan federal court it doesn't owe coverage to a pet supply store for a putative class action accusing the company of violating Illinois' Biometric Information Privacy Act, saying the claims are not covered under a commercial general liability policy.

  • June 16, 2022

    Ex-Employee Sues Chicago Dispensary For Retaliation

    A former employee of a Chicago cannabis dispensary is suing her former employer, saying that she faced a hostile work environment and sexual harassment from her boss, and was fired after she reported his behavior to company management.

  • June 15, 2022

    5th Circ. Says COVID Doesn't Exempt Cos. From WARN Notice

    The COVID-19 pandemic is not a "natural disaster" that employers can use as an exception to a federal law requiring businesses to give workers advance notice of mass layoffs, the Fifth Circuit determined Wednesday, in what may be the first such ruling by a federal appellate court.

  • June 15, 2022

    Justices' PAGA Ruling Could Chill Claims For Now, Attys Say

    The U.S. Supreme Court's ruling Wednesday that claims brought under California's Private Attorneys General Act can go to arbitration might have a chilling effect until state legislators rewrite the law that enables workers to sue on behalf of the state for labor violations, attorneys said. Here, Law360 explores takeaways from the ruling.

  • June 15, 2022

    DaVita Must Return Rather Than Destroy No-Poach Docs

    A Colorado federal judge on Wednesday ordered DaVita to return rather than destroy confidential documents produced by the U.S. Department of Justice in its failed criminal no-poach case against the dialysis giant, giving a minor win to follow-on civil plaintiffs who hoped the documents would be preserved for possible use in their litigation.

  • June 15, 2022

    Zuora Says Ex-VP Can't Have Co.'s Secrets And His Fees Too

    A departing executive's final two weeks at Zuora Inc. became the focus of his advancement suit in the Delaware Chancery Court on Wednesday, with the cloud-subscription company arguing it had told him not to work and that he had used that time to steal confidential data, putting him on the hook for his own legal fees.

  • June 15, 2022

    Insurer Won't Defend Pet Supplies Chain In BIPA Violation Suit

    An Illinois insurer said it shouldn't have to defend a pet supplies retail chain in an ex-employee's proposed privacy class action, telling a Michigan federal court Wednesday that the claims are either not covered or explicitly excluded in the company's insurance policy.

  • June 15, 2022

    6th Circ. Upends Ex-CEO's Victory In Severance Suit

    The Sixth Circuit gave an auto parts manufacturer a chance to redeem itself after a trial court loss to a former CEO who sued the company for withholding his severance, saying the district court misapplied Wisconsin law when it limited the evidence PendaForm Co. could use.

  • June 15, 2022

    5th Circ. Won't Revive Ex-FBI Agent's Retaliatory Firing Claim

    A Fifth Circuit panel on Wednesday affirmed the dismissal of a former FBI agent's claim he was fired for being a whistleblower, saying the U.S. Congress hadn't provided the courts any avenue to review security-clearance decisions.

  • June 15, 2022

    Property Damage Firm Says Ex-Consultant Stole Data 'Library'

    Young & Associates, a national property damage consulting company, sued one of its former consultants and his new rival business in Georgia federal court on Tuesday, alleging the consultant stole confidential files and misappropriated trade secrets in order to make his company more competitive at launch.

  • June 15, 2022

    CEO Willfully Ignored FLSA In Overtime Row, 4th Circ. Told

    Three current and former sales representatives for an international food distributor told the Fourth Circuit that the company's failure to pay them overtime was intentional, saying a top executive admitted knowing about and ignoring wage requirements under federal labor laws.

  • June 15, 2022

    NY Courts End Mask Mandate For The Vaccinated

    New York state courts administrators announced Wednesday that they will end courthouse social distancing and their mask mandate effective Thursday for all who show proof of COVID-19 vaccination. Unvaccinated people may also remove their masks to speak in court.

  • June 15, 2022

    Judge Trims CEO's Bonus Pay At His Last Purdue Hearing

    A New York bankruptcy judge on Wednesday wound down more than two and a half years presiding over Purdue Pharma LP's contentious Chapter 11 with a ruling approving a trimmed-down incentive payment package for the opioid maker's CEO.

  • June 15, 2022

    Supreme Court Says Viking Sales Rep Can't Dodge Arbitration

    The U.S. Supreme Court on Wednesday said a former sales representative for Viking River Cruises should pursue her wage and hour claims out of court, disputing a California Supreme Court holding that let workers sidestep arbitration agreements.

  • June 14, 2022

    Mo'Nique And Netflix End Oscar Winner's Pay Bias Suit

    Oscar-winning actress Mo'Nique and Netflix Inc. on Tuesday agreed to permanently end her discrimination suit in California federal court accusing the streaming service of lowballing the comedian with an offer for a one-hour special that "perpetuated the pay gap suffered by Black women" and then retaliating when she pushed back.

  • June 14, 2022

    Coinbase Legal Chief Backs Layoffs As 'Prudent Decision'

    Shortly after Coinbase's CEO announced a decision to lay off about 1,100 employees, the company's Chief Legal Officer Paul Grewal said Tuesday it was a "tough but prudent decision to ensure that Coinbase will emerge from this down cycle as a stronger company."

  • June 14, 2022

    Texas Court Orders New Trial In $2.2M Offshore Injury Dispute

    A Texas appellate court on Tuesday determined that a new trial is needed in a personal injury dispute that had resulted in a $2.2 million jury verdict in favor of an injured mechanic because of an error in the jury charge.

  • June 14, 2022

    Walsh Defends DOL's Independent Contractor Approach

    U.S. Department of Labor Secretary Marty Walsh during a congressional hearing on Tuesday backed the agency's approach to tackling workers' misclassification as independent contractors and employees' freedom to join unions, while also addressing job recovery.

  • June 14, 2022

    Sikhs Push To Start Boot Camp Amid Marine Corps Beard Ban

    Three Sikh Americans suing the Marine Corps over their right to wear beards and turbans have urged a D.C. federal judge to let them start basic training, calling the military branch's rebuttal emphasizing the importance of uniformity "hypocritical."

Expert Analysis

  • 5 Mediation Mistakes That Create Obstacles To Settlement

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    Overly litigious behavior ranks high among common mistakes attorneys make during mediation, as do premature ultimatums, failure to account for compounding risks, and more, say Lynn O'Malley Taylor and Rachel Gupta at JAMS.

  • Opinion

    Threat To False Claims Act Lurks In High Court PAGA Case

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    At Wednesday's oral arguments in Viking River Cruises v. Moriana, the U.S. Supreme Court considered whether employees may waive their right to pursue representative actions under the California Private Attorneys General Act, but the decision could imperil the future of False Claims Act qui tam actions, says R. Scott Oswald at The Employment Law Group.

  • Opinion

    The Problem With GOP Attack On Jackson Immigration Ruling

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    Republican criticism of Judge Ketanji Brown Jackson's decision in Make the Road New York v. McAleenan, halting a Trump administration immigration policy, is problematic because the ruling actually furthered the separation of powers ideals that the GOP claims to support, says Thomas Berry at the Cato Institute.

  • Opinion

    4 Steps USCIS Should Take To Avoid Green Card Waste

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    U.S. Citizenship and Immigration Services should implement specific measures to increase service center efficiency, streamline records management and accelerate immigrant visa application processing to avoid wasting thousands of unused green card slots expiring at the end of the fiscal year, say Kelli Duehning and Steven Plastrik at Berry Appleman.

  • Opinion

    Ethics Principles Call For Justice Thomas Recusal On Election

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    While the U.S. Supreme Court has provided limited guidance on when justices must recuse themselves, the rules and statutes governing judicial recusals make it clear that Justice Clarence Thomas should not rule on issues related to the Jan. 6 Capitol riot, considering his wife's involvement in efforts to overturn the 2020 election, says Hilary Gerzhoy at Harris Wiltshire.

  • 5 Ways Law Firm Leaders Can Prioritize Strategic Thinking

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    Consultant Patrick McKenna discusses how law firm leaders can make time for strategic projects to keep pace with the rate of change in the profession today, as 24/7 technology-abetted demands mean leaders are spending less time exploring new opportunities and more time solving problems.

  • Where Judge Jackson Stands On Key Civil Procedure Issues

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    During Judge Ketanji Brown Jackson’s confirmation hearings this week, senators didn’t question her on the many procedural issues that frequently come before the U.S. Supreme Court, but a deep dive into her judicial record illuminates her stance on Article III standing, personal jurisdiction and more, says James Wagstaffe at Wagstaffe von Loewenfeldt Busch.

  • A Look At Jackson's False Claims Act Jurisprudence

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    U.S. Supreme Court nominee Ketanji Brown Jackson's rulings in two False Claims Act cases early in her judicial career show how she meticulously parses the law and pleadings to arrive at her conclusions, and hint at her position on an important federal circuit split in FCA jurisprudence, say Brad Robertson and Giovanni Giarratana at Bradley Arant.

  • What High Court Vaccine Ruling Could Mean For Crypto Regs

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    The U.S. Supreme Court's recent decision in National Federation of Independent Business v. U.S. Department of Labor to block a federal vaccine mandate indicates that it may question the reach of the federal securities laws in the context of virtual assets — and Congress should be prepared to respond in order to avoid regulatory uncertainty, says William Walsh at McGonigle.

  • How To Avoid Prematurely Publicizing A Case Outcome

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    The lessons of a recent U.K. case involving Matrix Chambers' premature social media posts that violated a court embargo are relevant in the U.S. as well, reminding law firms to ensure plans to publicize a case are shielded from accidental violations of court sealing and gag orders, says Elizabeth Ortega at ECO Strategic Communications.

  • Opinion

    It's Time To Hold DC Judges Accountable For Misconduct

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    On the heels of Thursday's congressional hearing on workplace protections for judiciary employees, former law clerk Aliza Shatzman recounts her experience of harassment by a D.C. Superior Court judge — and argues that the proposed Judiciary Accountability Act, which would extend vital anti-discrimination protections to federal court employees, should also include D.C. courts.

  • Opinion

    DC Policy Debate On Competition And Antitrust Needs A Reset

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    The Biden administration's executive order on competition hinges on the idea of overconcentration, but data shows industrial concentration is a myth, and it is serving as an excuse to overregulate, says Neil Bradley at the U.S. Chamber of Commerce.

  • 4 Ways To Preserve Confidentiality Of Litigation Funding Docs

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    Though two recent rulings by Massachusetts and Illinois federal courts add to the growing body of case law denying discovery into litigation funding arrangements, prudence necessitates that lawyers, clients and funders follow certain best practices to ensure that their communications are not discoverable by opposing parties, says Stewart Ackerly at Statera Capital.

  • Restaurant Trends To Watch, 2 Years Into The Pandemic

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    Two years after the U.S. declared a pandemic state of emergency, technology and other innovations to the restaurant industry have largely worked and are here to stay, although geopolitical factors including the war in Ukraine may challenge the supply chain, says Rhonda Parish at Taylor English.

  • Rebuttal

    Remote Hearings Are Ill-Suited Default For Litigation Realities

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    A recent Law360 guest article suggests that remote proceedings should be the default in civil litigation even after the pandemic, but courts should continue to give parties the option to appear in person because it can actually save long-term costs, prepare younger attorneys more effectively, and bring a necessary degree of seriousness to hearings, says Mark​ Eisen at Benesch Friedlander.

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