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Employment

  • June 20, 2018

    Ex-Masimo VP’s 11th-Hour IP Arbitration Bid Earns Eye Roll

    A California appeals court has ruled that a former Masimo Corp. vice president cannot force the medical device maker to arbitrate claims that he stole trade secrets, saying he may have acted in bad faith by litigating for years and then seeking arbitration just weeks before trial.

  • June 20, 2018

    New FTC Weighing Need To Alter Policies For Digital Economy

    The Federal Trade Commission’s newly minted chairman, Joseph Simons, said Wednesday that the agency will conduct a series of hearings to help shape its policy approach to hot-button antitrust and consumer protection issues including privacy, big data and the potential for enforcement against large technology platforms.

  • June 20, 2018

    New Slaughter, Freshfields Data Show 60% Gender Pay Gap

    U.K. law firms Slaughter and May and Freshfields Bruckhaus Deringer LLP have released revised data to a parliamentary committee revealing that on average female partners and employees make 60 percent less than their male counterparts, a significantly larger pay gap than statistics they previously provided without including their partners.

  • June 20, 2018

    IHeartMedia Beats US Trustee's Objection To Exec Bonuses

    A Texas bankruptcy court Tuesday approved iHeartMedia Inc.'s plan to pay a dozen of its top executives up to $25 million in bonuses for 2018, overriding an objection by the U.S. Trustee's Office.

  • June 20, 2018

    Ogletree's Bid To Transfer Sex Bias Row Stalled As Suit Grows

    A San Francisco federal judge held off on deciding whether to transfer a $300 million gender discrimination suit against Ogletree Deakins Nash Smoak & Stewart PC to Orange County, California, saying Wednesday he’d let the proposed class amend its complaint to add equity shareholders, some of whom live in Northern California.

  • June 20, 2018

    Tops Markets’ Creditors Push For Probe Of Pre-Ch. 11 Moves

    The unsecured creditors of Tops Markets LLC are set to appear in New York bankruptcy court Thursday after calling for an investigation into the bankrupt grocery chain and payments made by its previous ownership group that saddled the company with unsustainable liabilities, arguing discovery provided by the debtors is inadequate.

  • June 20, 2018

    McGinnis Lochridge Adds Employment Partner In Dallas

    McGinnis Lochridge has snagged an employment litigator versed in labor-union relations and wage-and-hour suits from Haynes and Boone LLP for its recently opened Dallas office.

  • June 20, 2018

    Grocery Store Worker's Atty Loses Sanction Bid In OT Suit

    A New York federal judge on Wednesday blasted the attorney representing an employee behind a collective action alleging overtime pay violations at two Brooklyn grocery stores, striking his sanctions bid the same day it was filed and saying the court will instead consider whether he deserves punishment for repeated misconduct.

  • June 20, 2018

    Arena Football Union Sues Over Award For Injured Player

    The Arena Football League's players' union sued the league on Tuesday in Illinois federal court, seeking a court order that the defendant comply with an arbitration award in favor of an injured player whose medical costs and two-thirds pay rate under a collective bargaining agreement stopped being covered.

  • June 20, 2018

    Ex-Coach, University Of Texas Settle Discrimination Suit

    The University of Texas at Austin has reached a settlement with a former track coach who had brought a discrimination lawsuit against the school alleging she was forced out over a years-past relationship with a student, the parties said Wednesday.

  • June 20, 2018

    Restaurant Group Pushes NLRB On Joint Employer Issue

    The National Restaurant Association's legal arm has urged the National Labor Relations Board to adopt the trade group's proposed rule to clarify the joint employer doctrine, saying it supports the NLRB's recent efforts to engage in rulemaking rather than set policy based on precedent-setting decisions.

  • June 20, 2018

    NCAA Says Transferring Athletes Can Lose Scholarships

    After announcing new athlete-transfer rules last week, the NCAA said Tuesday that Division I colleges can revoke student-athlete scholarships when students ask to be added to a national transfer database that allows competing coaches to contact them.

  • June 20, 2018

    3rd Circ. Backs Coke's Win In Ex-Worker's Data Breach Suit

    The Third Circuit on Wednesday backed a Pennsylvania federal court’s decision to kill a former Coca Cola Co. employee's putative class action over identity theft that allegedly stemmed from the theft of old work computers, finding the former employee can’t show he was damaged as a result of Coke’s conduct.

  • June 20, 2018

    Tesla Accuses Ex-Worker Of Hacking, Stealing Trade Secrets

    Tesla Inc. hit a former process technician with a lawsuit in Nevada federal court Tuesday, accusing him of hacking into the company’s system, stealing gigabytes of Tesla’s confidential data and trade secrets and then transferring that information to third parties.

  • June 20, 2018

    Walmart Doesn't Have To Keep Disabled Worker: 10th Circ.

    Wal-Mart Stores Inc. didn't have to keep on a disabled maintenance employee who refused to clean the men's restroom in a Colorado store, the Tenth Circuit ruled Wednesday, finding the store didn't have to accommodate her if she couldn't perform an essential job function.

  • June 20, 2018

    4 Noncompete Developments From 2018's First Half

    In the first half of 2018, judges have continued to rip up broad noncompete agreements, while the Trump administration has kept in place an Obama-era policy aiming to punish businesses that agree not to hire each other's workers. Here, Law360 looks at four recent developments in restrictive covenant law that attorneys should have on their radar.

  • June 20, 2018

    DC Voters OK Minimum Wage Hike For Tipped Workers

    Washington, D.C., voters on Tuesday approved a ballot initiative that incrementally raises the minimum wage for tipped workers until it reaches $15 per hour, eliminating the ability of employers in the district to pay those workers below the minimum wage if tips cover the difference.

  • June 20, 2018

    NLRB Counsel Backs Continued Use Of Temporary Injunctions

    National Labor Relations Board general counsel Peter Robb on Wednesday instructed regional offices to continue aggressively pursuing temporary injunctions to stop certain types of potentially unfair labor practices, affirming the use of those injunctions as an "important tool" for effectively enforcing federal labor law.

  • June 20, 2018

    Littler Mendelson Adds Norton Rose Immigration Atty

    Littler Mendelson PC has added as a partner in its Toronto office an employment and immigration attorney who previously headed Norton Rose Fulbright Canada LLP's business immigration and international mobility team in Toronto, the firm has announced.

  • June 19, 2018

    NLRB Wants To Tackle Union Group's Class Waiver Questions

    The National Labor Relations Board urged the Seventh Circuit on Tuesday to remand a Hobby Lobby appeal over whether its arbitration agreements pass legal muster, saying that while the blockbuster Epic Systems ruling wiped out the board's initial rationale, numerous unanswered questions remain. 

Expert Analysis

  • EU Begins Catching Up To US On Trade Secret Law

    Robert Williams

    The introduction of EU-wide minimum standards for the protection of trade secrets should be welcomed by U.S. businesses for two reasons, say Robert Williams and Will Smith of Bird & Bird LLP.

  • Series

    FLSA Turns 80: Modern-Day Wage Theft

    Lee Schreter

    The Fair Labor Standards Act fails to recognize that many of today’s employees are in the best position to record their own working time. Of course, this raises questions about how an employer can commit “wage theft” when an employee is actively choosing not to follow instructions and not to record all hours worked, say Lee Schreter and Pierre-Joseph Noebes of Littler Mendelson PC.

  • Kaepernick Case Raises Arbitrator Subpoena Power Issues

    Gregory Capps

    It has been widely reported that lawyers representing Colin Kaepernick in collective bargaining arbitration proceedings with the NFL may ask the arbitrator to compel President Donald Trump to appear for deposition. The case presents interesting issues about the power of an arbitrator to compel testimony of a nonparty, say attorneys with White and Williams LLP​​​​​​​.

  • China Agritech: More Than Meets The Eye

    Erica Rutner

    There is no doubt that the U.S. Supreme Court’s decision in China Agritech v. Resh squarely precludes the viability of untimely successive class actions. But what impact might it have on the viability of timely filed successive class actions? Erica Rutner of Lash & Goldberg LLP explores the question.

  • #MeToo At Law Firms And What We Can Do About It

    Beth Schroeder.JPG

    While some may say it’s ironic, it’s also embarrassing and enraging that the very industry that offers anti-harassment training, policies and counsel now finds itself the subject of #MeToo headlines. The American Bar Association recommendation that will bring about the greatest change is the call to provide alternative methods for reporting violations, says Beth Schroeder, chair of Raines Feldman LLP's labor and employment group.

  • Careless Employee: A Company's Biggest Trade-Secret Threat

    Audra Dial

    Companies clearly believe that training programs are the most meaningful way to reduce employee carelessness when it comes to protecting corporate assets. However, as new survey results demonstrate, these training programs are not enough to combat the careless insider, says Audra Dial of Kilpatrick Townsend & Stockton LLP.

  • How Will Weinstein Co. Bankruptcy Impact Accusers?

     Matthew LaGarde

    Due to the idiosyncrasies of American bankruptcy law, The Weinstein Company's recent bankruptcy filing could cause many of Harvey Weinstein’s accusers to receive pennies on the dollar relative to what they are owed under state and federal laws prohibiting workplace sexual harassment, say Matthew LaGarde and Jessica Westerman of Katz Marshall & Banks LLP.

  • Series

    FLSA Turns 80: A Closer Look At Conditional Cert. Standard

    Sari Alamuddin

    While the adoption of the two-stage standard for collective action certification may have been born of good intention, its current interpretation strains judicial resources and forces settlement regardless of the merits of Fair Labor Standards Act litigation, say Sari Alamuddin and Allison Powers of Morgan Lewis & Bockius LLP.

  • Knowledge Lawyers Can Help Firms Stay Ahead Of The Curve

    Vanessa Pinto Villa

    In a profession notoriously averse to change, it should come as no surprise that there is skepticism about the value of having attorneys perform nonbillable tasks. But U.S. law firms have slowly begun to incorporate knowledge lawyers into their operations — and the trend is likely to continue, says Vanessa Pinto Villa of Hogan Lovells.

  • Bristol-Myers Squibb: 1 Year Later

    Adam Pollet

    In the year since the U.S. Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court of California — limiting where plaintiffs can bring claims and curbing forum-shopping in mass tort litigation — courts have grappled with questions that the ruling did not address, and defendants have pursued jurisdictional defenses in class actions and federal cases that were not previously available, say attorneys with Eversheds Sutherland LLP.