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Employment

  • June 11, 2019

    Fees In Ex-LeClair Atty's $1M Gender Bias Award Get Do-Over

    A Virginia federal judge on Tuesday vacated a portion of a $1 million arbitration award against LeClairRyan in favor of an ex-shareholder who alleged systemic gender discrimination at the firm, saying the arbiter erred in calculating attorney fees and costs.

  • June 11, 2019

    Hewlett Packard Enterprise Gets Win In Ex-Analyst's Pay Suit

    A Maine federal court Tuesday handed Hewlett Packard Enterprise Co. a win in a former data analyst’s suit claiming its benefits policy requiring employees to forfeit unused vacation time was illegal and that the company deprived him an end-of-year bonus, saying HP adhered to all the terms of its policy.

  • June 11, 2019

    Seafood Co. Says Rival Spawned From Stolen Trade Secrets

    Frozen seafood company High Liner Foods hit a Los Angeles-based rival with a suit in California federal court Tuesday claiming that former employees of a High Liner division started the competing business using stolen trade secrets.

  • June 11, 2019

    3 Ways Law Firms Can Combat Attorney Burnout

    The World Health Organization recently put a spotlight on workplace burnout by labeling it a "syndrome" that can harm an employee's health, underscoring a problem that can be particularly acute for attorneys who routinely work long hours and face stressful situations. Here, experts look at three best practices for law firms aiming to identify and fight burnout.

  • June 11, 2019

    Signet Can't Duck Investor Suit Over Harassment Statements

    A New York federal judge on Tuesday rejected Signet Jewelers Ltd.'s argument that a recent Second Circuit ruling made statements in a corporate code of conduct inactionable, keeping alive investors' allegations of false assurances about a harassment-free workplace.

  • June 11, 2019

    EEOC Ends BNSF's Suit By Killing Right-To-Sue Letters

    The U.S. Equal Employment Opportunity Commission agreed Tuesday to wipe out 54 right-to-sue letters issued to BNSF workers for discrimination to resolve a suit in Texas federal court alleging the agency flouted the Administrative Procedure Act.

  • June 11, 2019

    Dems Press McDonald's To Protect Franchisees' Workers

    A group of senators, including several Democratic presidential hopefuls, sent a letter to McDonald’s CEO Steve Easterbrook on Tuesday asking the fast food giant to ensure that all franchisees adopt updated policies to prevent harassment and abuse.

  • June 11, 2019

    Democrats Float Lifting OT Threshold To $51K

    Democratic lawmakers on Tuesday proposed legislation that would make employers pay overtime to all workers making less than about $51,000 per year, launching a broadside at the Trump Labor Department's plan to set the threshold at around $35,000.

  • June 11, 2019

    SC Strip Club Wraps Up Wage Suit With $1.5M Deal

    A federal judge gave final approval Tuesday to a $1.5 million deal to settle a class and collective action claiming a South Carolina strip club shorted dancers on overtime pay and avoided paying them minimum wage by calling them independent contractors instead of employees.

  • June 11, 2019

    Fla. Strawberry Farm Settles DOJ Hiring Bias Investigation

    A Florida strawberry farm has agreed to pay $145,000 to settle an investigation into claims that it violated federal immigration law by preferring to hire temporary foreign workers over U.S. workers to harvest strawberries, the U.S. Department of Justice said Tuesday.

  • June 11, 2019

    Preliminary Cert. Likely For Gas Industry Drivers' FLSA Suit

    A Pennsylvania federal judge said she was leaning toward preliminarily certifying a collective of drivers accusing United Vision Logistics and Titan Logistics & Resources of unlawfully denying them overtime, despite arguments Tuesday over whether the companies were actually joint employers.

  • June 11, 2019

    VW Workers Get Narrowed Collective OK'd In Age Bias Suit

    A Tennessee federal judge gave a green light Tuesday to a collective action accusing Volkswagen AG of discriminating against older employees, but rejected the workers' bid for a nationwide collective and instead limited the suit's scope to VW's Chattanooga facility.

  • June 11, 2019

    W.Va. Hospital Can Face DOJ Kickbacks Suit On Home Turf

    A beleaguered hospital facing a False Claims Act suit accusing it of engineering a decadelong kickback scheme won its bid to move the case to West Virginia after a federal judge ruled that an executive’s weekly trip to his Pittsburgh office wasn’t enough to keep the suit in Pennsylvania.

  • June 11, 2019

    Chemical Maker Can't Escape Ohio PFAS Suit, Court Hears

    A putative class suing a slew of chemical companies over the potential threats posed by a group of substances called PFAS told an Ohio federal court that the state's long-arm statute extends to companies that marketed, developed and distributed the substances in the state.

  • June 10, 2019

    Marketing Firm Wants $50M From Rival In Trade Secrets Trial

    A digital marketing firm told a panel of jurors in federal court in Houston on Monday afternoon that a competitor, jealous of its success, decided to take a shortcut rather than legally compete against it, and stole its employees and training materials.

  • June 10, 2019

    SEC Says Co. Must Allow Investor Vote On LGBT Protections

    The U.S. Securities and Exchange Commission has ruled that a California health care management company can't block a proposed shareholder vote raising concerns about a lack of LGBTQ-specific language in its workplace policies. 

  • June 10, 2019

    Transpo Policy Developments To Watch: Midyear Report

    The transportation industry is keeping an eye on highway and infrastructure funding legislation and potential new regulations addressing emerging technology such as self-driving cars. Here, Law360 takes a look at legislative and regulatory developments still to come in the latter half of 2019.

  • June 10, 2019

    NM Corrections Dept. Pays $700K To End EEOC Age Bias Suit

    The New Mexico Corrections Department will pay $700,000 to resolve a U.S. Equal Employment Opportunity Commission suit claiming it denied promotions to correctional officers over 40 years old due to younger candidates' "longevity" and launched baseless performance investigations when the older workers complained.

  • June 10, 2019

    Judge Says Calif. Meal Rule Can't Protect Armored Car Drivers

    California's meal and rest break rules don't apply to armored car drivers, a Los Angeles County judge said in a ruling applying U.S. Department of Transportation findings that federal driver break rules preempt the Golden State's.

  • June 10, 2019

    FBI Bias Accusers Can't Keep Names Secret, Judge Says

    A Washington, D.C., federal judge said a group of women accusing the Federal Bureau of Investigation of allowing rampant bias in its agent training program can't press their proposed class action anonymously because their privacy doesn't outweigh the public's interest in the suit.

  • June 10, 2019

    McDermott Adds Ex-Fox Rothschild Employer-Side Partner

    McDermott Will & Emery has added a former Fox Rothschild LLP employer-side attorney, with a focus on disputes caused by mobile and complex labor forces, as a partner to its employment practice group in Los Angeles, the firm announced Monday.

  • June 10, 2019

    Suit Says Mattel Made Up Harassment To Fire Older Worker

    Mattel Inc. concocted sexual harassment accusations against a longtime model maker so the toy company could fire him and get him off its payroll, the former employee claimed in a new suit filed in California state court.

  • June 10, 2019

    Touradji Capital Owes $91M To Ex-Portfolio Managers

    Hedge fund Touradji Capital Management LP owes $91 million to two former portfolio managers allegedly cheated out of their rightful cut of trading profits, including a New York state jury's $45.7 million award and interest dating back to 2008, according to court documents posted Monday.   

  • June 10, 2019

    Armstrong Can't Exit Widow's Asbestos Death Suit

    Armstrong International must face a widow's suit against several companies over her husband's death from mesothelioma, a Washington federal judge has ruled, finding the widow at least thinly proved that the company contributed to her husband's death.

  • June 10, 2019

    Facebook Atty Opts In To $200M Jones Day Sex Bias Suit

    An in-house Facebook attorney and former Jones Day associate has opted in to a $200 million proposed class and collective action alleging the firm discriminates against women, becoming the third woman to publicly attach her name to the suit.

Expert Analysis

  • 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.

  • Opinion

    Jury Trials Are In Decline For Good Reason

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    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

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    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

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    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

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    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

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    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.

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