• June 28, 2017

    Trump Picks Burlington Stores GC To Lead EEOC

    President Donald Trump has selected Burlington Stores Inc. general counsel Janet Dhillon to serve on the U.S. Equal Employment Opportunity Commission and take over as its chair, the White House said late Wednesday.

  • June 28, 2017

    ACA Watch: What BigLaw Lobbyists Think Happens Next

    With Affordable Care Act repeal efforts in limbo, Law360 on Wednesday chatted up BigLaw lobbyists for insights on the latest horse-trading and a “big surprise” promised by President Donald Trump. Here’s what they’re hearing.

  • June 28, 2017

    2nd Circ. Won't Rehear Title VII Sex Orientation Precedent

    The Second Circuit won’t reconsider its decision finding Title VII doesn’t protect against discrimination based on sexual orientation, despite arguments that the court needed to provide clarity to employees and employers in the face of a landmark ruling in the other direction from the Seventh Circuit.  

  • June 28, 2017

    Phone-Sex Worker Hits Employer With OT, Wage Claims

    A phone-sex worker filed a collective action against her employer Tele Pay USA in California federal court Tuesday, claiming the company has violated the Fair Labor Standards Act by paying her less than minimum wage, no overtime and shorting her for “off-the-clock” work.

  • June 28, 2017

    Pharmavite Gets OK On $1.9M Don-Doff, Wage, Break Deal

    A California judge on Wednesday granted preliminary approval to supplement maker Pharmavite LLC’s $1.9 million agreement resolving wage and break claims for a putative class of about 1,000 Golden State workers, after confirming why workers required to wear full uniforms would receive fourfold settlement shares.

  • June 28, 2017

    SEC Whistleblower Program Is Business As Usual, Chief Says

    The head of the U.S. Securities and Exchange Commission’s Whistleblower Office said Wednesday that her program is proceeding full steam ahead after the change in administration, while admonishing companies to ensure they don’t retaliate against or impede employees who raise the alarm about possible securities violations.

  • June 28, 2017

    Fla. Justices Question State Atty's Stance In Capital Cases

    A Florida state attorney challenging the governor's unilateral reassignment of 23 homicide cases after she refused to seek the death penalty in a high-profile murder case faced heavy questioning Wednesday in the Florida Supreme Court on whether she made a “blanket policy” possibly exceeding her authorized discretion.

  • June 28, 2017

    Texas Jury Finds Fracking Worker At Fault For Head Injury

    A Harris County jury recently cleared Continental Resources Inc. of any responsibility for an incident in which an employee of Schlumberger Technology Corp. was hit in the head with a crane while gearing up for a hydraulic fracturing operation, finding instead the injured worker was mostly responsible for his injuries.

  • June 28, 2017

    Puerto Rico Oversight Board Must Rethink Plan In Bond Row

    The judge presiding over Puerto Rico’s historic debt restructuring told the board in charge of alleviating the territory’s fiscal crisis on Wednesday to rework its plan to resolve a key creditor dispute over rights to sales tax revenues, seeing fundamental problems with how it would select representatives with opposing interests.

  • June 28, 2017

    Tribal Court Has 1st Crack At Public School Case: 9th Circ.

    The majority of a Ninth Circuit panel on Wednesday reversed a lower court decision that prohibited tribal forum proceedings on employment-related claims against two Arizona public school districts operating schools on leased Navajo Nation land, saying the conduct at issue occurred on tribal land.

  • June 28, 2017

    Trump NLRB Picks May Rein In Employee Speech

    The nomination of a longtime management-side labor attorney to round out the NLRB not only indicates many blockbuster Obama-era decisions are on thin ice, but also signals a shift away from employees having protection for arguably offensive or profane speech, allowing businesses more latitude to forbid objectionable conduct, experts say.

  • June 28, 2017

    Calif. AG's Discovery Bid In IMDb Suit Draws Judge's Rebuke

    A California federal judge slammed the state attorney general’s bid for discovery in the government's defense of a state law that would ban IMDb from publishing actors’ ages, blasting the requests as “disturbing” against the backdrop of First Amendment concerns brought up by the case.

  • June 28, 2017

    Union Punted Over Harley Buyout Plan, Says NLRB Judge

    An NLRB administrative judge dismissed on Tuesday a complaint from a union representing workers at a Pennsylvania Harley-Davidson facility, ruling that the union had given implicit consent to a buyout plan it later contested. 

  • June 28, 2017

    4th Circ. Seeks W.Va. Justices' Input On Workers' Comp Case

    The Fourth Circuit on Wednesday asked for the West Virginia high court's guidance on issues at the heart of Zurich American Insurance Co.'s appeal of a lower court's decision that it must split payments of workers' compensation benefits to a worker severely injured at a coal mine with another insurer.

  • June 28, 2017

    Health Co. Job Applicants Get Cert. In Background Check Row

    A Florida federal judge on Wednesday certified a class of Pyramid Healthcare Solutions Inc. job applicants and employees in a lawsuit claiming that the company ran afoul of the Fair Credit Reporting Act by failing to properly inform them about background checks.

  • June 28, 2017

    NJ Doc Hits Robert Wood Johnson With Disability Bias Suit

    A former professor of surgery at Rutgers University’s Robert Wood Johnson Medical School in New Jersey has filed suit against the school, its university hospital and several staff members, claiming that he was wrongfully fired for taking medical leave.

  • June 28, 2017

    3rd Circ. Urged To Boot Radiation Suit From Federal Court

    The Third Circuit was urged during oral arguments Wednesday to find that a case over a University of Pennsylvania researcher’s death following his exposure to radiation did not fall under the ambit of a law giving federal courts jurisdiction over claims stemming from nuclear incidents.

  • June 28, 2017

    NFL Film Exec Ignored Years Of Sex Abuse, Actress Says

    An executive with the film production affiliate of the National Football League ignored repeated reports by a former voice-over actress of sexual harassment and abuse and eventually fired her, she claims in a suit against him, her alleged abuser and the film companies in New Jersey federal court Tuesday.

  • June 28, 2017

    Panda Express Settles Immigrant Discrimination Claims

    The parent company of Panda Express will pay more than half a million dollars to settle claims that the nationwide fast-food chain excessively checked the immigration documents of already-verified employees, the Department of Justice’s Civil Rights Division announced Wednesday.

  • June 28, 2017

    Berkshire Unit Beats Claims It Hacked Law Firm Client Info

    A pair of proposed worker class actions accusing Berkshire Hathaway Homestate and two other insurers of hacking their lawyers’ databases were permanently dismissed Tuesday, as a California federal judge said Stored Communication Act claims were inadequately pled.

Expert Analysis

  • Takeaways From Mechanic's 10th Circ. Sex Harassment Suit

    Yvette Davis

    The Tenth Circuit's recent decision in Jones v. Needham, where it reversed the dismissal of a sexual harassment claim based on "quid pro quo" set of facts, highlights for employers that labels or categories are irrelevant to harassment claims, exhausting administrative remedies is much easier than most employers might appreciate, and more importantly, employers must be vigilant and proactive, says Yvette Davis of Haight Brown & Bonesteel LLP.

  • Potential Impact Of Senate Health Care Bill: A Closer Look

    Eric Schillinger

    The Better Care Reconciliation Act introduced by Senate Republicans last week proposes many of the same changes as the American Health Care Act passed by House Republicans in May. These changes would significantly reduce the tax, administrative and legal-compliance costs borne by group health plan sponsors, but several challenges have raised the specter of uncertainty for interested stakeholders, says Eric Schillinger of Trucker Huss APC.

  • When Trade Secrets Cases Go Criminal: Part 2

    Joshua Robbins

    While the California federal judge's criminal referral in the trade secrets lawsuit between Uber and Waymo may not be typical, it provides important lessons about the criminal issues that lawyers should understand when litigating civil trade secrets cases, say Joshua Robbins and Adam Sechooler of Greenberg Gross LLP.

  • How Discovery Has Changed Under New Federal Rules

    Brandee Kowalzyk

    In December 2015, an amendment to Rule 26 of the Federal Rules of Civil Procedure was implemented with the intent of putting reasonable limits on civil discovery. The many subsequent cases that have applied the amended rules provide guideposts for litigants and practitioners, say Brandee Kowalzyk and Christopher Polston of Nelson Mullins LLP.

  • The Stakes In High Court's Dodd-Frank Whistleblower Case

    Alexis Ronickher

    The U.S. Supreme Court’s decision in Digital Realty Trust v. Somers will resolve a nearly two-year-old circuit split regarding the Dodd-Frank Act’s whistleblower protections. Both whistleblowers and publicly traded companies will lose if the Supreme Court holds that Dodd-Frank does not protect internal whistleblowers, say Alexis Ronickher and Matthew LaGarde of Katz Marshall & Banks LLP.

  • Weekly Column

    Innovating For Wise Juries: Pre-Voir Dire Questions

    Stephen Susman

    The simple practice of asking jurors important and substantive questions early can help make trial by jury a more reliable form of dispute resolution, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Revisiting Enforcement Of EEOC Subpoenas At 9th Circ.

    Mark Wiletsky

    In April, the U.S. Supreme Court remanded U.S. Equal Employment Opportunity Commission v. McLane back to the Ninth Circuit to apply an abuse of discretion standard of review. Unsurprisingly, the Ninth Circuit relied on its earlier analysis to once again conclude that the district court should have enforced the EEOC’s subpoena, says Mark Wiletsky of Holland & Hart LLP.

  • When Trade Secrets Cases Go Criminal: Part 1

    Joshua Robbins

    A fairly routine civil trade secrets lawsuit between Uber and Waymo recently took a more dramatic turn, with a criminal referral from the presiding judge. Grand juries, federal agents and indictments are not standard fare for the lawyers who typically handle trade secrets disputes. But they may become more familiar in the years to come, say Joshua Robbins and Adam Sechooler of Greenberg Gross LLP.

  • Limits On 'Self-Help' Discovery In FCA Cases

    Tom McConville

    It is not uncommon for an employee to take company documents that the employee believes will support a claim under the False Claims Act. Courts have allowed such activity, but this right is not unlimited. Where courts draw the line, however, is not uniform, say attorneys with Orrick Herrington & Sutcliffe LLP.

  • An Interview With Floyd Abrams

    Randy Maniloff

    It was a privilege to spend a half-hour on the phone with the nation's foremost First Amendment lawyer. Floyd Abrams and I discussed his career, his new book and what he sees in his free-speech crystal ball. And he was a very good sport when I asked if it is constitutionally protected to yell inside a movie theater: “Citizens United is a terrible decision and should be set on fire,” says Randy Maniloff of White and Williams LLP.