• March 28, 2017

    Trump To Seek Immunity From 'Apprentice' Defamation Suit

    President Donald Trump’s attorneys on Monday said they plan to ask a New York state court to toss a defamation suit from a former contestant on “The Apprentice” filed after he refuted her sexual harassment allegations, citing presidential immunity under the Supremacy Clause.

  • March 28, 2017

    Future Rollbacks May Not Be As Easy As Blacklisting Repeal

    President Donald Trump's repeal of the contentious Fair Pay and Safe Workplaces rule is welcome news for federal contractors, but despite the president's promises to repeal burdensome regulations, it remains uncertain when or if he will be able to roll back more rules affecting contractors.

  • March 28, 2017

    BCBG To Resolve Azria Contract Fight Before Bid Deadline

    Bankrupt women's apparel company BCBG Max Azria Group Inc. in New York bankruptcy court on Tuesday committed to resolve an adversary action brought against it by company founder Max Azria and his wife Lubov, BCBG's former chief creative officer, over the termination of her employment agreement before a May bidding deadline.

  • March 28, 2017

    Pa. Justices Bar Suspended Attys From Unemployment Cases

    The Pennsylvania Supreme Court issued a 6-to-1 decision on Tuesday finding that suspended attorneys could not represent individuals in matters before the state's Unemployment Compensation Board of Review despite rules allowing claimants to have a representative of their choice, including non-attorneys.

  • March 28, 2017

    Former Soccer Star Ends Firing Suit Against NY Cosmos

    Former Manchester United soccer star Eric Cantona and the New York Cosmos have agreed to drop a lawsuit over Cantona's 2014 firing as a team consultant, according to a stipulated dismissal filed in New York federal court Monday, putting an apparent end to the lawsuit over an incident that had marred the beginnings of the relaunched professional soccer club.

  • March 28, 2017

    5th Circ. Nixes Soldiers' Toxic Water Suit Against KBR

    The Fifth Circuit on Monday refused to revive a lawsuit brought by a group of former U.S. and U.K. soldiers against KBR Inc. alleging the contractor exposed them to toxins at a water treatment plant in Iraq, ruling they failed to prove that the substances at issue caused their health problems.

  • March 28, 2017

    Auto Union Urges DC Circ. To Uphold VW Unit Ruling

    A United Auto Workers local urged the D.C. Circuit on Monday to back the National Labor Relations Board’s approval of a micro-unit of maintenance workers at Volkswagen’s Tennessee plant, saying the unit met the labor board’s standard to qualify for collective bargaining.

  • March 28, 2017

    Norwegian Cruise Line Wins Toss Of Injured Worker's Award

    A U.S. Virgin Islands federal judge vacated an arbitration award granted to an injured Norwegian Cruise Line employee over testimony allegedly disregarded by the arbitrator, and ordered the parties back to arbitration in a Monday ruling.

  • March 28, 2017

    Gay Skydiver's Estate Asks 2nd Circ. To Rehear Omnicom

    Gay ad executive Matthew Christiansen bristled Tuesday at a request by the estate of a deceased skydiving instructor to use his Title VII case against Omnicom Group Inc. as a vehicle for overturning Second Circuit precedent limiting the statute’s reach, saying the cases are unrelated.

  • March 28, 2017

    10th Circ. Won't Nix 10K Opt-Ins To Chipotle FLSA Suit

    A Tenth Circuit panel on Monday denied Chipotle Mexican Grill Inc.’s request that a Fair Labor Standards Act collective action of 10,000 plaintiffs be disbanded, saying that while a Colorado federal court’s decision to conditionally join the collective as it did was questionable, it was not an abuse of discretion.

  • March 28, 2017

    Ex-NFLers Oppose Fees From Concussion Settlement

    Nearly 200 former NFL players and their families seeking recovery from an uncapped NFL concussion settlement on Monday objected to a 5 percent set-aside sought from their potential awards by the lead class attorneys from Seeger Weiss LLP and Anapol Weiss, arguing that such an amount is not appropriate at this time.

  • March 28, 2017

    Houston Hospital Sheds Most Of Doc's Claims Via Anti-SLAPP

    Memorial Hermann Health System won the dismissal of most of a former doctor's claims, when Texas' First Court of Appeals agreed Tuesday that six of the claims stemmed from the hospital's protected free speech and should be dismissed under a state anti-SLAPP statute.

  • March 28, 2017

    Schlumberger Asks Texas Justices To Nix 'Latent Disease' Suit

    Schlumberger Technology Corp. has asked the Texas Supreme Court to reverse a ruling that allowed a contractor to sue for an oil field injury more than two years after the incident, arguing a lower court improperly applied a seldom-used “latent injury rule” to revive the case.

  • March 28, 2017

    Speaker Ryan Hints At Continued Action On Health Reform

    Efforts to repeal the Affordable Care Act have not been taken out to pasture yet, Republican House Speaker Paul Ryan said on Tuesday, hinting that his caucus might bring forward new reform proposals in the future, days after he pulled a planned floor vote over defections within the Republican Party.

  • March 28, 2017

    NJ Public Worker Not Engaged In Protected Acts, Court Says

    A New Jersey appeals court on Tuesday declined to revive the civil rights lawsuit of a public worker who blamed politics for repeated job changes, ruling in a published decision that his familial and social affiliations didn’t represent First Amendment-shielded conduct necessary to support such a claim.

  • March 28, 2017

    8th Circ. Partly Backs Dismissal Of Deputy’s Firing Suit

    An Eighth Circuit panel on Tuesday affirmed the dismissal of a former Arkansas county transport deputy’s unlawful employment termination claims against an ex-sheriff in his official capacity, but vacated a lower court’s finding the sheriff was immune to the suit in his individual capacity.

  • March 28, 2017

    Charity Seeks Goodell Deposition In NFL Gambling Fight

    A California-based nonprofit that works to connect NFL players with youth groups through bowling, golf and softball events asked a Texas federal judge Monday to compel the deposition of NFL Commissioner Roger Goodell in their dispute over the league’s decision to relocate a Las Vegas bowling event over a nongambling policy.

  • March 28, 2017

    Pfizer, Ex-Employee Reach Agreement In Trade Secrets Row

    A Pennsylvania federal judge Monday dismissed a case in which Pfizer Inc. accused a former global marketing director of misappropriating its trade secrets, after Pfizer and the former employee reached an agreement to halt all use of the company’s confidential information.

  • March 28, 2017

    NCAA Says Even Players In Revenue Sports Aren't Employees

    The NCAA again urged a California federal court to dismiss minimum-wage and overtime claims by a former University of Southern California football player, arguing Monday that his suit rests on the "implausible" contention that the revenue generated by certain college football programs makes those players employees.

  • March 28, 2017

    Natural Gas Pipeline Inspectors Lose Cert. Bid In OT Fight

    A Pennsylvania federal judge has refused to certify a proposed class of natural gas pipeline inspectors for Gulf Interstate Field Services Inc. in a Fair Labor Standards Act overtime suit, finding that the named workers in the suit aren’t similarly situated.

Expert Analysis

  • 'Blacklisting' Rule Rejection May Begin Pro-Employer Trend

    Brett Coburn

    On Monday, President Donald Trump signed a congressional resolution blocking implementation of President Obama’s Fair Pay and Safe Workplaces executive order. This may be an initial step toward dismantling many employment-related requirements that the Obama administration placed on federal contractors, and may indicate the Trump administration’s overall direction on employment issues, say Brett Coburn and Anna Saraie of Alston & Bird LLP.

  • Jam Recipe Yields 1st DTSA Verdict

    Thomas A. Muccifori

    A federal jury in Pennsylvania recently returned the first verdict under the Defend Trade Secrets Act. Although Dalmatia’s proprietary fig spread recipes would have been protected under the Pennsylvania Uniform Trade Secrets Act, the case stands as a reminder of the powerful protections that can arise from the DTSA in the proper factual scenario, say Thomas Muccifori and Daniel DeFiglio of Archer & Greiner PC.

  • Joint Employment Relationships: Best Practices And Risks

    Excerpt from Lexis Practice Advisor
    Jonathan M. Linas

    In this practice note, attorneys with Jones Day LLP identify certain preliminary considerations when starting an analysis of a potential or alleged joint employer relationship and offer examples of risks a client may face if found to be such a joint employer, and practical guidance for avoiding a joint employer finding.

  • Hitting The Brakes On Structured Dismissals

    Ferve Ozturk.jpg

    The U.S. Supreme Court's decision in Czyzewski v. Jevic that a bankruptcy court lacks the power to approve a priority-violating structured dismissal may give unsecured priority wage holders, and particularly judgment creditors, a seat at the negotiating table together with secured and unsecured creditors committees, says Ferve Ozturk of BakerHostetler.

  • Are Your In-House Lawyers Happy?

    Aric Press

    What is the mood of the nation’s in-house lawyers? Aric Press — a partner at Bernero & Press LLC and former editor-in-chief of The American Lawyer — shares the findings of a recent survey of more than 800 in-house counsel.

  • Post-Escobar Courts Reaching Consensus On FCA Materiality

    Courtney Saleski

    Following the U.S. Supreme Court's Escobar decision last year, some litigators were skeptical that district courts would actually dismiss qui tam False Claims Act cases on materiality grounds. However, four circuit courts have cited Escobar’s demanding materiality standard when granting the defendants’ pretrial motions, say attorneys with DLA Piper.

  • The Bumpy Road To Protection For Internal Whistleblowers

    Ryan S. Hedges

    The crux of the whistleblower protection debate centers on whether the Dodd-Frank Act protects whistleblower reports that are made internally within a company but not to the U.S. Securities and Exchange Commission. Even if the U.S. Supreme Court chooses to limit Dodd-Frank’s anti-retaliation provisions to SEC reports, it is unclear how much employers stand to gain, say Ryan Hedges and Brooke Conner of Vedder Price PC.

  • Questioning General Contractor Liability In Texas

    Pierre Grosdidier

    The San Antonio Court of Appeals' recent decision in Joeris General Contractors v. Cumpian is important because it exposes the difficulty of determining whether a general contractor has incurred a duty of care by exercising control over its subcontractors, says Pierre Grosdidier of Haynes and Boone LLP.

  • Limiting Presidential Powers At The High Court

    Steven M. Swirsky

    The U.S. Supreme Court’s recent ruling in National Labor Relations Board v. SW General certainly has the potential to genuinely impact the Trump administration. However, the real consequences of the court’s ruling to employers, unions and others with business before the board may become apparent after NLRB general counsel Richard Griffin's four-year term expires in November, say Steven Swirsky and Laura Monaco of Epstein Becker & Green PC.

  • Google, NASA, Planes And A Stronger Legal Team

    Nicholas Cheolas

    Why did minor mechanical issues bring down two airplanes, while a catastrophic engine explosion did not bring down a third? The answers lie, in part, in research conducted by NASA in the wake of those crashes and, more recently, by Google. And those answers can help organizations build better teams to meet today’s legal industry challenges, says Nicholas Cheolas of Zelle LLP.