Employment

  • January 20, 2017

    NY Judge Won’t Leave Insurance Row Over Proskauer Past

    A New York magistrate judge on Friday refused to remove herself from an employment case accusing First Unum Life Insurance of improperly terminating disability coverage and denied that she represented the insurer during her time as an attorney at Proskauer Rose.

  • January 20, 2017

    Calif. AG Says Actor-Age Law No 1st Amendment Threat

    A California privacy law aimed at keeping online entertainment industry employment services from listing film industry workers’ ages doesn’t violate IMDb.com Inc.’s free speech rights, in part because it’s a law about contracts, the state attorney general’s office argued Thursday.

  • January 20, 2017

    Judge Refuses Stipulated Stay in Uber Drivers Class Action

    A federal judge in New York on Friday refused to stay a class action suit by Uber drivers demanding to be classified as employees, saying that it would take too long for the Supreme Court to decide whether the National Labor Relations Act precludes enforcement of class action waivers in mandatory arbitration agreements.

  • January 20, 2017

    NHL Says Boston U. CTE Center Won't Hand Over Documents

    The National Hockey League says that the Boston University CTE Center is refusing to hand over documents and materials on its research into the causes of the degenerative brain condition, asking a Minnesota federal court to force the hand over of materials, including documents related to the posthumous diagnosis for one of the named plaintiffs in litigation alleging the league failed to warn players of the dangers of repeated head trauma in hockey.

  • January 20, 2017

    Trump Aims To Guard US Interests In Trade, Jobs

    Shortly after being sworn in Friday, President Donald J. Trump laid out a vision for his administration that he said would put “America first” through a regime of tax, international trade and immigration policy meant to increase job creation and protect U.S. interests.

  • January 20, 2017

    Ex-Tesla Worker Cops To Misdemeanor In Email Hacking Suit

    A former Tesla Motors Inc. mechanical engineer on Thursday pled guilty in California federal court to a misdemeanor charge after allegedly hacking his manager’s email and subsequently posting a confidential customer complaint and false, disparaging remarks about the electric car company.

  • January 20, 2017

    NJ Racetrack Guard Loses Bid To Revive Wage Suit

    A New Jersey state appeals court on Friday refused to revive a Meadowlands Racetrack security guard's putative class action against the racetrack operator, finding that the business is not bound by a state statute requiring employers to pay certain wages to workers providing building services at state-owned and state-leased facilities.

  • January 20, 2017

    Employment Group Of The Year: Akin Gump

    Between beating back four class actions against Home Depot and helping the NFL restore star quarterback Tom Brady’s Deflategate suspension, Akin Gump Strauss Hauer & Feld LLP’s labor and employment team easily earned a spot among Law360’s Practice Groups of the Year.

  • January 20, 2017

    Texas Justices To Review Houston Same Sex Benefits Policy

    The Texas Supreme Court on Friday agreed to review claims that Houston wrongly awarded spousal benefits to same-sex couples who were married out of state before the U.S. Supreme Court’s Obergefell decision declared state bans on same-sex marriage unconstitutional.

  • January 19, 2017

    Bio-Rad CEO Tells Jury He Backdated Fired Exec's Review

    Bio-Rad's CEO admitted in a California federal court Thursday that he answered a Sarbanes-Oxley complaint brought by the company's general counsel by giving the U.S. Department of Labor a backdated review of the fired lawyer.

  • January 19, 2017

    Most Influential Judges On Trump’s Supreme Court Short List

    A new look at the potential U.S. Supreme Court nominees’ rulings reveals a ranking of judicial influence with some surprises at the top — and at the bottom.

  • January 19, 2017

    The Lawyer Who Will Shape Trump’s Presidency

    Jones Day’s Donald McGahn is stepping into the role of White House counsel, a powerful but little-understood position that has a strong history of impacting the president’s authority.

  • January 19, 2017

    In The Polarized Era Of Trump, BigLaw Searches For Balance

    The alignment of law firms with or against the new administration in legal battles to come could open rifts among attorneys and clients. But the publicity earned for taking on a potentially unpopular case could ultimately be worth any public fallout.

  • January 19, 2017

    Rolling Back Regulation In The Age Of Trump

    The incoming president’s plans to rein in the power of federal agencies will lead to uncertainty for lawyers and their clients as pending investigations and rulemaking are stopped in their tracks.

  • January 19, 2017

    Fox Can’t Dodge Netflix Counterfire In Exec Poaching Suit

    The California judge overseeing Twentieth Century Fox’s claims that Netflix improperly poached executives tentatively ruled on Thursday that Fox can’t dodge cross-claims that its employment agreements amount to “involuntary servitude,” rejecting arguments that Netflix’s countersuit targets conduct protected by the state’s anti-SLAPP law.

  • January 19, 2017

    CVS Loses 275 Legal Hours In EEOC’s Failed Title VII Row

    An Illinois federal judge on Wednesday cut 275 legal work hours CVS Pharmacy Inc. is billing the Equal Opportunity Employment Commission for over its failed claims that a separation agreement is discriminatory, finding that the hours currently put forward are excessive when compared to what was produced during litigation.

  • January 19, 2017

    4 Ex-NFL Players Rejoin Concussion Settlement Class

    A group of ex-NFL players who opted out of the league’s controversial concussion settlement are now asking the Pennsylvania federal judge overseeing the sprawling litigation to rejoin the class, according to documents filed Wednesday.

  • January 19, 2017

    9th Circ. Urged To Uphold $1.4M Fee Award In Job Bias Row

    A California federal judge did not abuse his discretion by awarding $1.4 million in fees to the attorneys of a Mexico native who successfully argued that a job application question about whether he had ever used an invalid Social Security number negatively affected him, the man told the Ninth Circuit on Wednesday.

  • January 19, 2017

    Cintas Fire Owes $1.3M In Back Pay Over OT Violations

    Cintas Fire Protection Services, a California company, will pay more than $1.3 million in unpaid overtime wages, damages and penalties to 81 fire sprinkler installers and testers after a U.S. Department of Labor investigation found that it failed to pay them for time spent on clerical duties, the agency said on Wednesday.

  • January 19, 2017

    SEC Says Co. Broke Accounting Rules, Foiled Whistleblowers

    The U.S. Securities and Exchange Commission on Thursday fined a Seattle-based financial services company $500,000 for allegedly fudging accounting calculations and impeding potential whistleblowers from reporting the supposed violations.

Expert Analysis

  • Vessel Owners' Duties To Longshoremen Only Go So Far

    Hansford Wogan

    In Abston v. Jungerhaus Maritime Services, the Fifth Circuit recently held for a vessel owner against a longshoreman injured on the job during heavy rainfall. While a vessel owner must exercise reasonable care to prevent injuries in areas under "active control of the vessel," the owner can and often does relinquish control to contractors for loading or unloading, says Hansford Wogan of Jones Walker LLP.

  • How Litigation Funding Is Bringing Champerty Back To Life

    John H. Beisner

    While some courts have declined to apply the common-law doctrine of champerty to invalidate third-party litigation funding agreements, two recent rulings by appellate courts in New York and Pennsylvania have brought renewed attention to champerty principles, casting doubts on the legality of certain forms of third-party litigation funding, say John Beisner and Jordan Schwartz of Skadden Arps Slate Meagher & Flom LLP.

  • Clarifying EEOC’s Obligation For Presuit Conciliation

    Gerald Maatman Jr.

    In U.S. Equal Employment Opportunity Commission v. Bass Pro Outdoor World, a Texas federal court denied the EEOC’s motion for a ruling that would allow it to include discrimination claims in its lawsuit for individuals who had not yet applied to work for Bass Pro. The decision is a positive signal that at least some courts may be unwilling to allow to the EEOC to add claimants with whom it never conciliated, say attorneys at Seyfarth Shaw LLP.

  • 'Take-Home' Asbestos Means A Duty Of Care In California

    Nicole Harrison

    In two coordinated cases, the California Supreme Court recently ruled that employers using asbestos in the workplace have a duty of care to protect employees’ household members from exposure via workers' clothing or persons. This holding may encourage more asbestos lawsuits in California, but the court did offer some limitations of which defendants should be mindful, says Nicole Harrison of Manion Gaynor Manning LLP.

  • Limitation Act Of 1851 Still Relevant To Offshore Energy

    Andrew Stakelum

    From the Titanic to the Deepwater Horizon, an obscure federal law has been invoked after many maritime disasters to limit vessel owners' liability for losses stemming from conditions outside the owners' privity or knowledge. But in today's offshore energy industry, technology can place the owner and its management in the wheelhouse, on the cargo deck and on the rig floor, says Andrew Stakelum of King & Spalding LLP.

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • Obama's Pro-Union Impact On NLRB Won't Retire Quickly

    Adam C. Abrahms

    In recent years the National Labor Relations Board has extended its reach into employer operations with controversial decisions that have departed from long-standing precedent. However, while employers may hope the new administration might stop this expansion, with current board members and the general counsel still in office for some time, relief may be slow to come, say Adam Abrahms and Christina Rentz of Epstein Becker & Green PC.

  • Health Care Enforcement Review And 2017 Outlook: Part 4

     Brian P. Dunphy

    In this final installment of our review and outlook series, we analyze health care enforcement trends gathered from 2016 civil settlements and criminal resolutions of health care fraud and abuse cases. Behind the headlines covering enormous recoveries in 2016, several themes are apparent, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.

  • ADEA At 50: Trends And Predictions For An Aging Workforce

    Chloe J. Roberts

    Enacted on Dec. 15, 1967, the Age Discrimination in Employment Act is celebrating 50 years of protecting older workers, many with families and children requiring financial support, from unemployment and poverty. At this half-century milestone, we should take a moment to analyze the ADEA’s effect on the workforce, says Chloe Roberts of Roberts & Associates Law Firm.