Employment

  • September 10, 2024

    Ex-Barclays VP Loses Bid To Retry Lost Promotion Claim

    An attempt by a former Barclays vice president to revive her claim that she faced racial discrimination during a promotion round has failed, as an employment tribunal ruled that she was merely trying to "have another bite at the cherry."

  • September 10, 2024

    Bolt Drivers Gear Up For Group Claim Over Workers' Rights

    More than 12,500 Bolt drivers will argue at an employment tribunal on Wednesday that they deserve worker status, as the ride-hailing app becomes the latest company to face group action from gig economy workers fighting for better pay conditions.

  • September 09, 2024

    Calif. State Senator's Ex-Staffer Sues For Sexual Harassment

    California State Sen. Marie Alvarado-Gil created a toxic work environment for her former chief of staff, demanding he perform sex acts to prove his loyalty and firing him for objecting to her "sexualized abuse of power," the former staffer alleged in a new complaint filed in Sacramento Superior Court.

  • September 09, 2024

    Pa. Supreme Court Snapshot: Benefits, Cannabis, Taxes

    The Pennsylvania Supreme Court's September schedule will have the justices pondering when to cancel tax exemptions for hospitals, if stormwater fees are taxes in disguise, and the potential resurrection of requiring medical marijuana products to be tested and approved by two separate laboratories.

  • September 09, 2024

    SpaceX Urges Arbitration Of Sex Harassment Suit

    Attorneys for SpaceX urged a California state court judge Monday to rethink a tentative ruling that declined to send a sexual harassment claim by an employee to arbitration but found 10 other claims are arbitrable, arguing the harassment claim predates a statute requiring that it be adjudicated in court. 

  • September 09, 2024

    Qorvo Gets Nearly $12M In Fees After $39M Trade Secrets Win

    A federal judge said Monday that wireless company Qorvo Inc. was entitled to more than $11.7 million in legal fees after a jury earlier this year awarded the business $38.6 million in a trade secrets case against Akoustis Technologies Inc.

  • September 09, 2024

    Abbott Says Illinois OT Suit Should Join Similar Case In Ohio

    Abbott Laboratories asked an Illinois federal judge Friday to send two workers' dispute over unpaid sanitary gear changes and hand washings to Ohio where a similar suit is pending, arguing that the move would promote consistent judgments across the "nearly identical" claims.

  • September 09, 2024

    Mich. Judge Denies Injunction Bid In NLRB Constitutional Row

    An auto parts maker didn't prove the company would be harmed when facing an unfair labor practice proceeding before National Labor Relations Board officials with allegedly unconstitutional removal protections, a Michigan federal judge ruled Monday, while greenlighting a delay to the agency case pending an appeal. 

  • September 09, 2024

    NC Sheriff Settles Former Jailer's Bias Suit On Eve Of Trial

    The Mecklenburg County Sheriff's Office and an ex-detention officer reached a deal in the officer's sex discrimination lawsuit on the eve of trial, according to a notice filed with a North Carolina federal court.

  • September 09, 2024

    Texas High Court To Mull Medical Nonprofit's Med Mal Liability

    The Texas Supreme Court is scheduled to hear oral arguments Wednesday over whether a nonprofit health organization can be sued for the alleged medical negligence of one of its physician employees, in a dispute over an allegedly botched brain surgery.

  • September 09, 2024

    SEC Fines 7 Companies $3M Over Whistleblower Violations

    The U.S. Securities and Exchange Commission on Monday announced a $3 million collective settlement with seven public companies, including TransUnion and Acadia Healthcare Co. Inc., to resolve claims that those companies used employment, separation and other agreements to impede whistleblowers from reporting potential misconduct to the SEC.

  • September 09, 2024

    Philly Noncompete Ban Challenger Wants Case Paused

    A tree service company suing to block the Federal Trade Commission's noncompete ban in Pennsylvania — the only jurisdiction so far where the commission fended off a preliminary injunction — has asked the judge to pause its case after federal courts in other states put similar suits on hold.

  • September 09, 2024

    Dems To Bring Back Judiciary Accountability Bill

    In the coming weeks, Democrats in the House and Senate will be reintroducing a bill that they say will better protect the approximately 30,000 federal judiciary employees from discrimination and sexual harassment, two lawmakers said on Monday.

  • September 09, 2024

    Owner Of Mass., NH Eateries Cops To $2M Tax Fraud

    The owner of three restaurants in Massachusetts and New Hampshire has pled guilty to failing to pay approximately $2 million in employment and state and local meals taxes over a six-year period, the U.S. attorney's office in Massachusetts announced Monday.

  • September 09, 2024

    Colo. Justices Rule Amazon's Holiday Pay Must Be In OT Math

    Amazon's holiday incentive pay is the type of compensation Colorado wage law requires to be included in overtime calculations, the state Supreme Court ruled Monday, agreeing with warehouse workers that the incentive pay needed to be included in their regular rate when calculating overtime.

  • September 09, 2024

    Ex-LSU Coach Moves Vacated Wins Suit To State Court

    Former Louisiana State University football coach Les Miles has moved his suit against the school and its board over their decision to strip victories earned during his tenure from federal to state court as he looks to revive his candidacy for the College Football Hall of Fame.

  • September 09, 2024

    Akin Gump Employment Ace Joins Bracewell In Houston

    Bracewell LLP has strengthened its Houston office with the addition of a former Akin Gump Strauss Hauer & Feld LLP partner who helped guide Olin Corp. in successfully asking a Texas federal judge to vacate an arbitration award in June in an employment dispute.

  • September 09, 2024

    Zeta MDL Judge Limits Talk Of Arnold & Itkin Billing 'Scheme'

    A Harris County judge said on Monday she would limit what questions a drilling rig owner could ask witnesses about where they received medical care during an upcoming trial amid allegations that attorneys for seamen injured while on the ship during Hurricane Zeta engaged in a scheme to inflate medical bills.

  • September 09, 2024

    Novartis Settles Sales Rep.'s Gender Bias Suit

    A former sales representative with Novartis Pharmaceuticals Corp. has settled a lawsuit against the company alleging she faced gender-motivated retaliation after reporting a co-worker for falsifying records and hurting her sales numbers.

  • September 09, 2024

    No Re-Do In Ex-Defender's Sex Bias Case Against Judiciary

    A Massachusetts federal judge declined on Monday to reconsider his ruling that the federal judiciary did not violate the rights of a former North Carolina public defender because the attorney had not adequately put her office on notice of her sexual harassment claims.

  • September 09, 2024

    Catching Up With Delaware's Chancery Court

    Delaware's Court of Chancery made some expensive decisions last week, ranging from a $130 million stockholder award and a freeze on $450 million in equity financing to a whopping $1 billion bill for fraud and breach of contract damages. New cases aimed at Virgin Galactic, settlements pulled in Hemisphere Media Group Inc. and court hearings involving Apollo Global Management heated up. In case you missed it, here's the roundup of news from Delaware's Court of Chancery.

  • September 09, 2024

    Squire Patton Litigator Jumps To Fox Rothschild In Atlanta

    Fox Rothschild LLP has added a former Squire Patton Boggs LLP partner who helped UPS defeat a former supervisor's sexual harassment, discrimination and retaliation suit, strengthening its Atlanta office with a labor and employment litigator.

  • September 09, 2024

    Engineers' Counsel Requests $220K In Forced Labor Suit

    Attorneys representing a class of Mexican engineers who claimed they were lured to the U.S. with false promises of high-paying jobs asked a Georgia federal court to greenlight their request for $220,000 for their work securing a $1.2 million settlement to resolve the dispute.

  • September 09, 2024

    Kramer Levin Beats NJ Malpractice Suit From RE Developer

    Kramer Levin Naftalis & Frankel LLP has defeated a malpractice suit from a real estate developer who claimed it represented both the developer and a firm partner's son — who was an employee of the developer — at the same time, according to a New Jersey state appellate decision issued Monday.

  • September 09, 2024

    DOJ Says Judge Missing 'Egregious' Slur In Race Bias Suit

    A Georgia federal judge ignored crucial context and overlooked the "egregious nature" of a racial slur leveled at a Black worker when recommending that a race bias suit brought against a Georgia county by the federal government be thrown out, the U.S. Department of Justice said.

Expert Analysis

  • The Show Must Go On: Noncompete Uncertainty In Film, TV

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    The Federal Trade Commission has taken action to ban noncompetes while the entertainment industry is in the midst of a massive shift away from traditional media, so it is important for studio heads and content owners alike to understand the fate of the rule and their options going forward, say Christopher Chatham and Douglas Smith at Manatt.

  • 'Outsourcing' Ruling, 5 Years On: A Warning, Not A Watershed

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    A New York federal court’s 2019 ruling in U.S. v. Connolly, holding that the government improperly outsourced an investigation to Deutsche Bank, has not undercut corporate cooperation incentives as feared — but companies should not completely ignore the lessons of the case, say Temidayo Aganga-Williams and Anna Nabutovsky at Selendy Gay.

  • Series

    Serving In The National Guard Makes Me A Better Lawyer

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    My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.

  • Big Business May Come To Rue The Post-Administrative State

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    Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.

  • A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates

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    Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.

  • A Timeline Of Antisemitism Legislation And What It Means

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    What began as hearings in the House of Representatives Committee on Education and the Workforce has expanded to a House-wide effort to combat antisemitism and related issues, with wide-ranging implications for education, finance and nonprofit entities, say attorneys at Morgan Lewis.

  • Opinion

    States Should Loosen Law Firm Ownership Restrictions

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    Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.

  • Why Justices Should Rule On FAA's Commerce Exception

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    The U.S. Supreme Court should review the Ninth Circuit's Ortiz v. Randstad decision, to clarify whether involvement in interstate commerce exempts workers from the Federal Arbitration Act, a crucial question given employers' and employees' strong competing interests in arbitration and litigation, says Collin Williams at New Era.

  • How Attorneys Can Reduce Bad Behavior At Deposition

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    To minimize unprofessional behavior by opposing counsel and witnesses, and take charge of the room at deposition, attorneys should lay out some key ground rules at the outset — and be sure to model good behavior themselves, says John Farrell at Fish & Richardson.

  • FLSA Conditional Certification Is Alive And Well In 4th Circ.

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    A North Carolina federal court's recent decision in Johnson v. PHP emphasized continued preference by courts in the Fourth Circuit for a two-step conditional certification process for Fair Labor Standards Act collective actions, rejecting views from other circuits and affording plaintiffs a less burdensome path, say Joshua Adams and Damón Gray at Jackson Lewis.

  • Series

    Solving Puzzles Makes Me A Better Lawyer

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    Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.

  • Colo. Ruling Adopts 'Actual Discharge' Test For The First Time

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    After a Colorado court’s recent decision in Potts v. Gaia Children, adopting for the first time a test for evaluating an actual discharge claim, employers must diligently document the circumstances surrounding termination of employment, and exercise particular caution when texting employees, says Michael Laszlo at Clark Hill.

  • Texas Ethics Opinion Flags Hazards Of Unauthorized Practice

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    The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • Series

    After Chevron: Good News For Gov't Contractors In Litigation

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    The net result of the U.S. Supreme Court's decision overturning Chevron deference is that individuals, contractors and companies bringing procurement-related cases against the government will have new pathways toward success, say Joseph Berger and Andrés Vera at Thompson Hine.

  • In Memoriam: The Modern Administrative State

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    On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.

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