Employment

  • December 8, 2017

    Law360 MVP Awards Go To Top Attorneys From 78 Firms

    The elite slate of attorneys chosen as Law360’s 2017 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.

  • December 8, 2017

    Cancer Center In Ch. 11 To Shell Out $26M In FCA Deal

    21st Century Oncology LLC has agreed to pay $26 million to settle allegations that it violated the False Claims Act and Stark Law by paying off physicians who referred patients, according to an agreement recently filed in New York bankruptcy court.

  • December 8, 2017

    FTC Wants In On Oral Args Over Seattle's Uber Union Law

    The Federal Trade Commission asked the Ninth Circuit on Thursday to allow the agency to participate in oral arguments in a challenge to Seattle's ordinance allowing Uber and Lyft drivers to unionize, saying the law runs afoul of the so-called state action doctrine and could lead to too many antitrust exemptions.

  • December 8, 2017

    DC Circ. Doesn't Think Treasury Must Provide Privileged Docs

    The D.C. Circuit on Friday remanded back to district court an order that the U.S. Department of the Treasury must turn over evidence related to decisions it made in General Motors’ 2009 bankruptcy for a related pension plan dispute, saying the lower court had not explained why a privilege claim by the White House should be disregarded. 

  • December 8, 2017

    Waymo, Uber Won't Agree to Back Special Master's Findings

    Neither Waymo nor Uber will agree to a California federal judge's request that they not challenge a special master's findings in a dispute over a letter sent to Uber's lawyers, the companies said in separate Thursday filings in Waymo's broader case over Uber's alleged theft of self-driving car trade secrets.

  • December 8, 2017

    DC Metro's $6.5M Discrimination Deal Scores Early OK

    A D.C. federal judge on Thursday gave preliminary approval to a $6.5 million settlement in a certified class action alleging Metrorail’s criminal background check policy disproportionately discriminated against African-Americans.

  • December 8, 2017

    Prudential Denied Quick Win In Beneficiaries' ERISA Suit

    A Pennsylvania federal judge issued a mixed ruling in a suit accusing Prudential Insurance Co. of violating the Employee Retirement Income Security Act, granting the beneficiaries a win on their breach of fiduciary duty claim but throwing out state law claims and leaving the alleged ERISA violation up to a jury.

  • December 8, 2017

    Trustee Balks At Sporting Goods Co.'s Ch. 11 Bonus Plan

    The U.S. trustee objected Friday to the proposed key employee incentive and retention plans filed by bankrupt athletic equipment distributor Maurice Sporting Goods Inc., telling the Delaware bankruptcy court the documents describing the bonuses don’t provide enough information about who will be getting paid and how much.

  • December 8, 2017

    Harrah's Can't Use Tribe's Immunity, Ex-Casino Worker Says

    A man who worked at a pair of North Carolina tribal casinos urged a federal judge Thursday not to toss his proposed class and collective action alleging that employees weren’t paid for all the time they worked, saying the casino operator can’t shake the suit by claiming the tribe has sovereign immunity.

  • December 8, 2017

    Calif. Justices Urged To Undo Cup Maker's Win In OT Fight

    A former Dart Container Corp. employee asked the California Supreme Court on Thursday to overturn a decision that quashed his overtime case against the foam cup maker, claiming Dart's win conflicted with years of precedent holding that the Golden State has its own method of calculating overtime on flat-rate bonuses that's distinct from federal law.

  • December 8, 2017

    Hearst Interns Not Employees, 2nd Circ. Rules

    A group of Hearst Corp. interns can’t revive their proposed class action seeking minimum wages because they don’t qualify as employees under the Fair Labor Standards Act, the Second Circuit ruled Friday.

  • December 8, 2017

    Strip Club Stonewalling Wage Suit, Dancer Says

    The exotic dancer behind a proposed class action that alleged Penthouse Club Philadelphia misclassifies its dancers as independent contractors and has denied them wages asked a Pennsylvania federal court Thursday to sanction the club, saying it hasn't responded to her requests for evidence.

  • December 7, 2017

    Statoil's Claims Against Ex-Exec Headed For Arbitration

    A Texas federal judge held Wednesday that Statoil must arbitrate its claims that a former executive for one of its units schemed to steal trade secrets, but rejected his efforts to force the subsidiary into arbitration and to convince the court that an arbitration agreement he signed applies to nonsignatories.

  • December 7, 2017

    Fujitsu Agrees To $14M Deal Over Excessive Investment Fees

    Fujitsu has agreed to pay $14 million to end a nearly $150 million proposed class action alleging it paid more in fees to invest the retirement funds of nearly 23,000 current and former workers than it needed to, the workers told a California federal judge on Wednesday.

  • December 7, 2017

    'Bada Bing' Gets Bada Busted In NJ Liquor License Fight

    The owner of a New Jersey strip club that stood in for the "Bada Bing" on "The Sopranos" got an offer he couldn’t refuse from the Garden State’s attorney general Thursday when he was ordered to stop live entertainment at clubs his family owns after violating an earlier consent order.

  • December 7, 2017

    Justices See An Out In Masterpiece Case. Will They Use It?

    During Tuesday’s hearing in a blockbuster LGBT rights case, the Supreme Court hinted at a way out of the dispute without having to create new law on whether religious business owners can deny certain services to same-sex weddings. But court watchers aren’t sure they’ll take it.

  • December 7, 2017

    Fed. Court Has Jurisdiction In NYT Severance Row With Union

    A New York federal judge on Thursday rejected a contention by the National Labor Relations Board and a union that he can’t decide whether certain former employees of a New York Times subsidiary are eligible for benefits under a buyout plan, saying the court has several bases for jurisdiction over the case.

  • December 7, 2017

    High Court Asked To Review Rail Stock-Options Tax Case

    The government Wednesday asked the U.S. Supreme Court to review a Seventh Circuit decision finding income from stock options provided to employees of a Canadian railroad company to be taxable compensation. The U.S. said a circuit split over the issue needed to be resolved.

  • December 7, 2017

    Laborers Slap Industrial, Marine Contracting Cos. With OT Suit

    Two companies that provide services to industrial and marine contractors were hit with a proposed class and collective action on Wednesday in Massachusetts federal court alleging that they have failed to properly pay overtime to laborers, many of whom are recent immigrants to the United States.

  • December 7, 2017

    Heller Ehrman's BigLaw Fee Fight Hits Calif. High Court

    The California Supreme Court dove deep into the financial rights of law firms on Thursday when the trustee of dissolved firm Heller Ehrman LLP argued it’s entitled to the hourly profits of ex-partners for cases they continue at new firms like Jones Day and Orrick Herrington & Sutcliffe LLP.

Expert Analysis

  • Series

    Judging A Book: Tunheim Reviews 'Miles Lord'

    Chief Judge John Tunheim

    Litigator Roberta Walburn’s rollicking new book, "Miles Lord: The Maverick Judge Who Brought Corporate America to Justice," is a really good read — a fascinating story about a life lived in the heat of battle and usually at the edge of what might have been considered appropriate for a federal judge, says Chief U.S. District Judge John Tunheim of the District of Minnesota.

  • Class Waiver Oral Arguments Show Room For Compromise

    Scott Oswald

    Following arguments Monday at the U.S. Supreme Court, the outcome of Epic Systems Corp. v. Lewis and its two consolidated cases is a toss-up. A 5-4 pro-employer decision may be the safe bet, but the court showed tantalizing signs that it could reach a broader consensus, says Scott Oswald of The Employment Law Group.

  • A Shift In Accommodating Employee Medical Marijuana Use

    Lino Lipinsky

    A Connecticut federal court's recent decision in Noffsinger v. SSC Niantic Operating, and other recent rulings in favor of employees and job candidates who use medical marijuana, reflects a significant shift in the law. However, it should not be seen as signifying a newfound judicial tolerance for marijuana use, says Lino Lipinsky of Dentons.

  • Technology Assisted Review Can Work For Small Cases

    john_tredennick_bg.png

    For as long as e-discovery lawyers have been using technology assisted review, a belief has persisted that it cannot be used economically or effectively in small cases. But TAR can be highly effective in small cases, typically reducing the time and cost of a review project by 60 to 80 percent, say John Tredennick, Thomas Gricks III and Andrew Bye of Catalyst Repository Systems LLC.

  • Univ. Section 403(b) Retirement Plans: Litigation Update

    Michael Graham

    A series of recent lawsuits that focus on universities’ Section 403(b) retirement plans are similar to the 401(k) plan excessive fee cases against for-profit companies that have been common over the past decade. If any of these new suits are successful, then retirement plans offered by a host of nonprofit entities may be ripe candidates for legal challenges as well, say Michael Graham and Charles Stevens of Michael Best & Friedrich LLP.

  • What Employers Should Know About Trump's New Travel Ban

    Elizabeth Espín Stern

    Yet another round of travel restrictions recently issued by the Trump administration is creating further anxiety across nationalities in employers’ work corps. Elizabeth Espín Stern and Paul Virtue of Mayer Brown LLP share several employer best practices for navigating the complexities.

  • Did Trump Ask The NFL To Break The Law?

    David Gottlieb

    President Donald Trump has publicly advocated for NFL owners to fire players who refuse to stand for the national anthem at football games. This raises the question: Would it be unlawful to fire an employee for refusing to do so, if the basis were to protest perceived societal racial injustice? asks David Gottlieb of Wigdor LLP.

  • Examining Title VII And ADA Claims At 3rd Circ.

    George Hlavac

    The Third Circuit's recent decision in Williams v. Pennsylvania Human Relations Commission is the first time it has addressed whether stand-alone Title VII and ADA claims can be vindicated through Section 1983. The ruling aligns the Third Circuit with all other federal circuit courts that have ruled on this issue, say George Hlavac and John Buckley of Norris McLaughlin & Marcus PA.

  • Self-Driving Trucks Get Closer To Hitting The Road

    Lawrence Hamilton

    The U.S. House of Representatives recently passed bipartisan legislation in support of autonomous vehicles, but specifically excluded commercial motor vehicles. Labor unions and other stakeholders fear that deployment of autonomous trucks could lead to widespread job losses. However, safety considerations may ultimately bring self-driving commercial vehicles into service, say attorneys with Holland & Knight LLP.

  • New Sedona Principles Stress Information Governance

    Saffa Sleet

    The Sedona Conference Working Group's updated Sedona Principles provides a timely reminder that the legal industry needs to be thinking more seriously about the interconnectedness between e-discovery and information governance, says Saffa Sleet of FTI Consulting Inc.