Employment

  • 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.

  • July 14, 2021

    Ex-Chicago School Principal Ran OT Fraud Scheme, Feds Say

    A former Chicago Public Schools principal was arrested and charged with fraud Wednesday for allegedly using a fake overtime reporting scheme to pilfer more than $200,000 in city funds.

  • July 14, 2021

    Ore. Worker's Suit Revived Over Missing Jury Instruction

    The Oregon Court of Appeals on Wednesday revived a suit by a worker alleging that a general contractor is responsible for his fall from a third-story work site, finding that in his trial, the jury should have been instructed that the state's employer liability law doesn't allow an employer to delegate its duties to workers.

  • July 14, 2021

    Hyatt To Pay $1.5M To Resolve Biometric Privacy Suit

    Hyatt Corp. has agreed to pay roughly $1.5 million to settle a proposed class action alleging it violated Illinois' biometric privacy law by requiring employees to use a fingerprint-based timekeeping system without first getting their written permission and making mandated disclosures.

  • July 13, 2021

    NFL Concussion Deal Masters Say Atty Fabricated Evidence

    A Florida attorney accused of swindling NFL players out of their life savings also "engaged in a wide-ranging, long-standing, and brazen pattern and practice of manufacturing evidence" for concussion settlement payout claims, the settlement's special masters found in a recent decision to disqualify the lawyer and his former firm.

  • July 13, 2021

    Biden Taps Trumka Jr. For CPSC Commissioner Seat

    President Joe Biden on Tuesday revealed plans to nominate Rich Trumka Jr., the general counsel for a U.S. House of Representatives subcommittee focused on consumer protection issues and the son of the AFL-CIO's current president, to serve as a commissioner at the U.S. Consumer Product Safety Commission. 

  • July 13, 2021

    Crew Member's Family Can't Nix Award Favoring Cruise Line

    A Florida judge on Tuesday refused to vacate an international arbitration award denying negligence claims against Royal Caribbean after one of its employees suffered a cardiac event onboard and died, rejecting the family's arguments that the broader vacatur standards applicable to domestic awards should apply.

  • July 13, 2021

    Chobani Hit With False 'Fair Trade' Ad Class Action

    Yogurt maker Chobani misleads consumers with claims of being the first "Fair Trade Certified Dairy" firm when it actually exploits immigrant workers in "dangerous" and "marginalized" conditions for "low pay," according to a proposed class action filed in New York federal court.

  • July 13, 2021

    Insurers Want Out Of Plumbing Manufacturer's BIPA Suit

    Two insurers asked an Illinois federal court Tuesday to free them from defending a plumbing equipment manufacturer against a proposed class action accusing it of violating the state's biometric privacy law by unlawfully collecting worker fingerprints.

  • July 13, 2021

    Full 11th Circ. Asked To Rehear Driver Arbitration Ruling

    A Florida delivery driver asked the Eleventh Circuit on Tuesday to reconsider its ruling that local drivers of interstate commerce likely have to cross state lines themselves to be exempt under federal law from arbitration with employers.

  • July 13, 2021

    Japanese Steakhouses In Pa., W.Va. Stiffed Workers On OT

    A trio of Japanese-style steakhouses in Pennsylvania and West Virginia failed to pay kitchen employees overtime or keep accurate records as required by the Fair Labor Standards Act, a Pennsylvania federal judge has ruled.

  • July 13, 2021

    Ex-Grassley Atty Says Trust Is Key To Whistleblower Venture

    Jason Foster, ex-chief investigative counsel to former Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, speaks to Law360 about the mission behind his new nonprofit Empower Oversight, an organization that will assist whistleblowers in government and corporate America.

  • July 13, 2021

    Delta Pilot Says Airline Stole Billion-Dollar Crew-Texting IP

    A veteran Delta Air Lines pilot claims the company and its top brass stole his idea for a text-based crew communication system that would prevent flight delays and save the company tens of millions of dollars annually, according to a trade secrets suit filed Monday in Georgia state court.

  • July 13, 2021

    Rail Execs Plead Guilty In Worker Safety Case After Explosion

    The owners of a rail car cleaning service that employed two workers killed in a 2015 explosion pled guilty Monday to charges related to the deaths, which prosecutors said came after a history of safety violations.

  • July 13, 2021

    SkyWest Must Face Trimmed Calif. Flight Attendants' Pay Suit

    A California federal judge has found that federal law doesn't shield SkyWest Airlines from proposed class claims that it denied California flight attendants proper breaks and compensation, but the airline did provide compliant wage statements.

  • July 13, 2021

    Illinois Cases To Watch In 2nd Half Of 2021

    The Illinois Supreme Court could soon decide what warrants final adjudication of a case and what constitutes excessive punitive damages, in two of the most closely watched cases of the second half of the year. Here, Law360 breaks down four cases to watch in Illinois through the rest of 2021.

  • July 13, 2021

    Ga. Insurance Commissioner Embezzled $2M, Jury Told

    Georgia's suspended insurance commissioner Jim C. Beck duped friends and family into helping him embezzle more than $2 million from the state-regulated insurance association he used to run, a federal jury heard during trial openings Tuesday.

  • July 13, 2021

    Pa. Transit Contractor Loses 3rd Circ. FCA Retroactivity Fight

    The Third Circuit said in a published decision on Tuesday that a 2009 amendment to the False Claims Act clarifying that intent to defraud was not required to sustain a violation of the law applied retroactively to a Philadelphia-area transit contractor's misclassification of workers on a project that concluded in 2007.

  • July 13, 2021

    Israeli Co. Fights Arbitration Of $16M Sex Discrimination Suit

    A federal judge agreed to halt a $16 million sex discrimination dispute filed by a marketing director who said she was fired after giving birth to twins, as the court considers whether an Israeli medical device company can be compelled to arbitrate in New York.

  • July 12, 2021

    Trump Org. Slashes CFO's Corporate Roles Amid Tax Charges

    Former President Donald Trump's company has removed veteran Chief Financial Officer Allen Weisselberg from corporate positions at multiple of its entities, a move that comes in the wake of allegations that Weisselberg and the Trump Organization were involved in a 15-year-long tax fraud scheme.

  • July 12, 2021

    Insurer Leads Flood Of 14 IPO Prospects That Could Top $3B

    Insurer Ryan Specialty Group Holdings Inc. outlined an estimated $1.3 billion initial public offering on Monday, one of at least 14 companies to launch IPO plans that could exceed $3.5 billion combined as part of a red-hot market that shows no signs of taking a summer breather.

  • July 12, 2021

    McDonald's, Ex-Workers Spar Over Alston In No-Poach Case

    Former McDonald's workers, suing over the company's past use of no-poach provisions in its franchise agreements, told an Illinois federal court that the recent U.S. Supreme Court ruling on student-athlete compensation supports their class certification bid.

  • July 12, 2021

    US Trustee Calls For Hold On $29M In Purdue Bonuses

    The U.S. Trustee's Office on Monday asked a New York bankruptcy judge to reject Purdue Pharma's request to pay up to $29 million in employee bonuses, saying that with the company possibly on the verge of reorganization the issue should be put on hold.

  • July 12, 2021

    Franchisee Says Jimmy John's Trying To Shut It Out Of Market

    A longtime Jimmy John's franchisee in Illinois has filed a lawsuit asking a state court judge to block the "freaky fast" food chain from using allegedly unreasonable and overbroad franchise agreement language to effectively shut it out of the sandwich business.

  • July 12, 2021

    Union Slams Philly's Bid To Toss Payroll System Suit

    A union representing Philadelphia sanitation workers pushed Monday to keep a lawsuit aimed at recouping wages and overtime lost to an allegedly faulty new payroll system out of arbitration, arguing that the dispute did not involve the city's obligations under the workers' contract.

Expert Analysis

  • Remote Law Firm Culture Should Prioritize Associate Training

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    Due to the pandemic, the gap between law school and the first day on the job has never been wider, but law firms can leverage training to bridge that intimidating gap and convey the unique value of their culture in a virtual environment, say Melissa Schwind at Ward and Smith, and William Kenney and Jaron Luttich at Element Standard.

  • Virtual Litigation May Unravel The Narcissistic Lawyer

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    The virtual courtroom limits a narcissistic lawyer's ability to intimidate witnesses and opposing counsel, boast to clients or engage in grandstanding — an unexpected benefit of the global pandemic as some aspects of remote litigation are likely here to stay, says Jennifer Gibbs at Zelle.

  • 2 Ways High Court Could Reshape Patent Assignor Estoppel

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    Whether or not the U.S. Supreme Court in Minerva Surgical v. Hologic repudiates a doctrine precluding patent assignors from attacking the validity of the patent rights they assigned in employment or other agreements, it should provide much-needed clarity on it, say David Fox and Christopher Kennerly at Paul Hastings.

  • ABA Remote Work Guide Raises Bar For Atty Tech Know-How

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    A recent American Bar Association opinion on lawyers' ethical duties of competence and confidentiality when working remotely should be viewed as part of a larger movement by which attorneys are being exhorted to develop competence in 21st century technology, say Jennifer Goldsmith at Ironshore and Barry Temkin at Mound Cotton.

  • Lateral Hire Conflict Screening Lessons From DLA Piper Case

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    While a Texas federal court recently denied a motion to disqualify DLA Piper from representing Apple in a patent dispute after the law firm hired an attorney who formerly represented opponent Maxwell, the case is a reminder that robust conflict checks during lateral hiring can save firms the time and expense of defending disqualification motions, says Hope Comisky at Griesing Law.

  • Navigating Dems' Whistleblower-Friendly Stance

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    Employers are likely to face robust whistleblower enforcement from newly Democratic state and federal governments, but compliance programs that include clear reporting channels, protocol and protections can mitigate risk while improving productivity and morale, say Gregory Keating and Daniel Green at Epstein Becker.

  • 3 Cybersecurity Questions To Ask Before A Remote Mediation

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    Lawyers preparing to mediate or arbitrate a case through videoconference should take steps to ensure they and their alternative dispute resolution providers are employing reasonable security precautions to protect digital client data and conform to confidentiality obligations, say F. Keith Brown and Michael Koss at ADR Systems.

  • Preventing Employee Brain Injury And Subsequent Litigation

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    Employers who fail to identify and treat traumatic brain injury can end up with catastrophic claims, but safety rules, guidelines, training and personal protective equipment all help avert risk, says Thu Do at Gilson Daub.

  • Why S Corporation Payments Are Almost Always Wages

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    The recent U.S. Tax Court ruling in Lateesa Ward v. Commissioner has employment and income tax lessons about why payments from an S corporation to its sole shareholder are wages and not distributions of profit in most cases, says Bryan Camp at Texas Tech University School of Law.

  • A Uniform Mediation Act Primer As States Continue Adoption

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    With Georgia expected to soon become the 13th jurisdiction to adopt the Uniform Mediation Act and with more states likely to follow suit amid widespread trial delays, practitioners should familiarize themselves with the act's conflict disclosure requirements and the boundaries of its confidentiality provisions, says Richard Mason at MasonADR.

  • Should ITC Adopt Trade Secret Claims Statute Of Limitations?

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    Despite the lack of an explicit statute of limitations in Section 337, there are reasons to argue that, as in district courts, one should apply to unduly delayed trade secret claims at the U.S. International Trade Commission, say Matt Rizzolo and Jolene Wang at Ropes & Gray.

  • Safeguarding Privileged Communications In A Remote World

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    With the pandemic ushering in remote collaboration tools, counsel must revisit fundamentals of the attorney-client privilege and the work-product doctrine, study cases involving email and other recent technologies, and follow 10 best practices to protect confidentiality, say attorneys at DLA Piper.

  • 4 Areas Of Cyberattack Vulnerability For Law Firms

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    Recent data breaches involving Goodwin and Jones Day show that cyberattacks are very real threats to the legal profession, especially in the era of remote work, so law firms should revisit common business practices that expose them to unnecessary risks, says Ara Aslanian at Inverselogic.

  • Trends In Video Game Company Quests To Arbitrate Cases

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    With the recent surge of video game litigation, developers and distributors of games and gaming equipment have seen a measure of success in relegating certain claims to private arbitration — but while the bar for compelling arbitration may be low, it does exist, say Matthew Woods and Austin Miller at Robins Kaplan.

  • Loss Amount Is Shaping PPP Fraud Prosecution Sentencing

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    One of the most determinative factors at sentencing for Paycheck Protection Program fraud is the loss amount, and recent cases show that defendants may have an opportunity to lower it if they can demonstrate legitimate use of any of the funds, say Sami Azhari at Azhari and Michael Leonard at Leonard Meyer.

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