Employment

  • July 17, 2017

    McQueary's $5M Whistleblower Award Attacked As Duplicative

    A judge was accused on Monday of improperly heaping additional damages on Pennsylvania State University in a whistleblower suit brought by ex-football coach Michael McQueary, a key witness in the Jerry Sandusky sex abuse scandal, after he had already won a $7.3 million verdict over the school’s conduct toward him.

  • July 17, 2017

    Health Overhaul Looks Dead As 2 More GOP Senators Oppose

    Sens. Mike Lee, R-Utah, and Jerry Moran, R-Kansas, announced late Monday that they won't support a newly tweaked version of the Republican health care bill in their chamber, likely quashing the party's latest attempt to undo the Affordable Care Act.

  • July 14, 2017

    Rising Star: Sanford Heisler's Alexandra Harwin

    Sanford Heisler Sharp LLP’s Alexandra Harwin scored a favorable settlement for workers in a gender bias suit against Swiss pharmaceutical giant Novartis AG and is currently pursuing high-profile sex discrimination claims on behalf of female attorneys against BigLaw powerhouses Proskauer Rose LLP and Chadbourne & Parke LLP, making her one of five employment attorneys under 40 recognized by Law360 as Rising Stars.

  • July 14, 2017

    Law360 Names Top Attorneys Under 40

    We're pleased to announce Law360's Rising Stars for 2017, our list of 156 attorneys under 40 whose legal accomplishments transcend their age.

  • July 14, 2017

    Wells Fargo Settles Financial Advisers' Wage Suit For $3.5M

    A putative class of Wells Fargo Advisors LLC employees asked an Illinois federal judge to approve a $3.5 million settlement on Thursday and end the group’s Fair Labor Standards Act suit that said the banking giant set up its financial adviser trainees for expensive failure.

  • July 14, 2017

    Judge Sharp Reflects On His Exit From The Bench

    Stepping down from his lifetime appointment as chief judge in the Middle District of Tennessee to return to private practice was a complicated decision for former Judge Kevin Sharp, who told Law360 in an exclusive interview that his dissatisfaction with having to impose mandatory minimum sentences and his belief that he could have a greater social impact as a private practitioner each played a role in his leaving the black robe behind.

  • July 14, 2017

    NLRB Official Rejects Claim Of Compromised Union Election

    A National Labor Relations Board regional director has signed off on the election of a union to represent workers at three Head Start facilities in Ohio, saying a hearing officer correctly found there wasn’t any evidence that an exchange of money between a voter and a union observer was related to the election.

  • July 14, 2017

    Fugitive Atty Gets 12 Years For Social Security Scam

    A Kentucky federal judge Friday sentenced a fugitive lawyer in absentia to 12 years in prison for his part in a $550 million Social Security fraud scheme.

  • July 14, 2017

    Ex-Ole Miss Football Coach Accuses School Of Trash Talk

    The University of Mississippi conducted a smear campaign that scapegoated former football coach Houston Nutt for alleged rule violations that actually occurred under his successor's watch, according to a federal lawsuit Nutt has filed against the school. 

  • July 14, 2017

    3rd Circ. Revives Ex-Chesapeake Workers' Discrimination Suit

    The Third Circuit issued a published decision Friday reviving workplace harassment claims from a pair of former contract workers for Chesapeake Energy Corp., as it ruled that a single use of a racial epithet was sufficient to bring suit.

  • July 14, 2017

    Morgan Stanley Let Bosses 'Prey' On Women, Ex-Adviser Says

    A former financial adviser associate filed sexual harassment and retaliation claims against Morgan Stanley in California state court Thursday, claiming she was wrongfully terminated after being touched and harassed by managers in two different offices.

  • July 14, 2017

    Ohio State In Bed With Nike, Honda On Player IP, Suit Says

    Ohio State University and sports marketing company IMG College were hit Friday with antitrust class claims of conspiring with Nike and Honda to deny compensation to the school's former football players for use of their likenesses.

  • July 14, 2017

    Disneyland Applicants Win Cert. In Background Check Suit

    A California judge on Thursday certified two classes of prospective Disneyland employees who allege the company violated the Fair Credit Reporting Act by not giving them copies of their background checks before making a decision on their employment, depriving them of an opportunity to contest an inaccurate report.

  • July 14, 2017

    2nd Circ. Says Booz Retirees May Have Securities Fraud Suit

    The Second Circuit on Thursday partly resuscitated a suit against Booz Allen Hamilton Inc. by retirees of the government contractor who say they were ripped off when the company was split in 2008, saying the plaintiffs had no case under the Employee Retirement Income Security Act but that a securities class action is possible.

  • July 14, 2017

    Houston Hospital Ex-Finance Director Claims Discrimination

    The former director of financial clearance for the University of Texas MD Anderson Cancer Center filed a lawsuit in state district court in Harris County on Thursday, alleging that he was terminated after complaining about discrimination he was subjected to following medical leave for a hemorrhagic stroke.

  • July 14, 2017

    Del. Court Won't Disturb TIAA Class Action Coverage Verdict

    A Delaware judge has left intact a verdict that placed two insurers on the hook for retirement services giant TIAA's costs to defend against and settle a pair of class actions alleging intentional and costly fund-transfer delays, and that found a TIAA excess insurer did not receive proper notice.

  • July 14, 2017

    Salk Institute Sued By Top Scientists For Gender Bias

    Two tenured professors sued the Salk Institute for Biological Studies in San Diego for gender discrimination Thursday, alleging that women are “second-class citizens” compared to their male colleagues.

  • July 14, 2017

    Uber Wins Arbitration Bid In Ill. Driver Wage Fight

    An Illinois federal judge on Friday granted a bid from Uber Technologies Inc. to compel arbitration in a proposed class action alleging the ride-hailing service misclassified drivers as independent contractors, but refused to toss the case as a whole.

  • July 14, 2017

    9 Workers Object To Proposed $2.9M BAE Wage Settlement

    Nine ship workers filed an objection Thursday to a proposed $2.9 million settlement between BAE Systems San Diego Ship Repair Inc. and nearly 2,000 employees to resolve allegations of unpaid wages and missed lunch breaks, saying the deal is inadequate.

  • July 14, 2017

    Akerman Adds 4 Partners To Labor And Employment Group

    Akerman LLP is continuing the national expansion of its labor and employment practice group with the addition of four partners formerly with the U.S. Equal Employment Opportunity Commission, Holland & Knight, Fragomen and Blank Rome, the law firm announced Thursday.

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 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.