Employment

  • April 16, 2021

    Liberty University Says Jerry Falwell Jr. Owes Over $40M

    Liberty University on Thursday slapped its former president and chancellor Jerry Falwell Jr. with a breach of contract suit in Virginia state court seeking over $40 million, the latest escalation in a heated dispute between the evangelical Christian university and the well-known son of its founder.

  • April 16, 2021

    Employment Authority: 4 Virus ADA Questions For The EEOC

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with an overview of the big COVID-19-related disability discrimination questions that businesses want the EEOC to address; how the revival of double damages may shake up unpaid-wage settlement talks with the Labor Department; and why a mailbox looms large in the expected challenges to the Amazon union vote.

  • April 16, 2021

    Ex-Tesla Engineer Admits To Downloading Code, Settles Suit

    A former Tesla Inc. engineer has admitted to downloading proprietary Autopilot source code to his personal account, and has agreed to pay the company an undisclosed sum to settle its trade secrets lawsuit, the parties said in a joint bid for dismissal filed in a California federal court.

  • April 16, 2021

    Ga. Fed. Courts Tout Safety As They Resume In-Person Trials

    The Middle District of Georgia wrapped a two-day, in-person jury trial without incident on April 13, giving the Georgia federal court system a measure of confidence as courts across the state prepare to resume in-person jury proceedings this month.

  • April 16, 2021

    Cosmetic Injection Startup Stiffed Staff, Pa. Suit Says

    Three people said they worked without pay for up to a year on the launch of a Pittsburgh-based beauty and cosmetic injection company, a marketing firm and an associated plastic surgery practice, according to a lawsuit they filed Friday in Pennsylvania state court.

  • April 16, 2021

    Interior Design Co. Employees Settle Pregnancy Bias Suit

    Two employees of One Kings Lane struck a deal with the interior design company and its owner, resolving a discrimination lawsuit alleging they were furloughed just weeks before they planned to take maternity leave, according to a New York federal judge's dismissal order Friday.

  • April 16, 2021

    3 Ways The Pandemic Is Reshaping Commercial Real Estate

    As the COVID-19 vaccine rollout continues, companies are making plans to have some of their employees return to the office while also scrambling to figure out what brick-and-mortar real estate will look like in the post-pandemic world. Here, Law360 looks at three ways the pandemic is reshaping the commercial real estate sector.

  • April 16, 2021

    Sanford Heisler Requiring COVID-19 Vax To Return To Office

    Civil rights firm Sanford Heisler Sharp LLP is requiring all of its employees to get a COVID-19 vaccine to return to the office, according to a firmwide memo obtained by Law360 on Friday.

  • April 16, 2021

    3rd Circ. Doubts Baking Co. Formulas Are Trade Secrets

    The Third Circuit on Friday appeared skeptical that information possessed by two baking equipment company employees who defected for a competitor amounts to trade secrets, given that the appeals judges couldn't find the purportedly proprietary information in the case's record.

  • April 15, 2021

    9th Circ. Revives Parts Of Northrop Pensioners' Benefits Suit

    The Ninth Circuit on Thursday upheld portions of a dismissal of an ERISA suit brought against Northrop Grumman and Alight Solutions over allegedly inaccurate benefit calculations, but revived state law claims against Alight and allowed the pensioners to pursue an amended complaint on certain ERISA claims.

  • April 15, 2021

    Nonprofit Accuses Darden Restaurants Of Sex And Race Bias

    Nonprofit advocacy group One Fair Wage has slapped Darden Restaurants Inc. with a discrimination suit in California federal court, accusing the operator of brands such as Olive Garden and the Capital Grille of subjecting workers to sexual harassment and racial bias due to its "subminimum" wage practices.

  • April 15, 2021

    Jury Says IBM Owes $11M To Manager Fired For Flagging Bias

    A Washington federal jury on Thursday sided with a former IBM sales manager who says he was fired for reporting discrimination against a subordinate, finding that the tech giant had indeed retaliated against and wrongly fired the manager, and that he's entitled to $11 million in damages.

  • April 15, 2021

    Buyer Blasts 'Gall' Of Hemp Co.'s THC Suit Dismissal Bid

    A woman who claims she failed a drug test and lost her job because of misrepresentations by health supplements business Total Life Changes LLC has fired back at the company's bid to shed her suit.

  • April 15, 2021

    Biden DOJ Transition Slowed By GOP, Garland Pushback

    Partisan gridlock and friction between the White House and Attorney General Merrick Garland over key appointees are contributing to a slow U.S. Department of Justice transition, according to experts and sources familiar with the matter, threatening to keep politically sensitive investigations and policy rollouts on ice in the coming months.

  • April 15, 2021

    Pa. Panel Boots Out-Of-State Rail Workers' Cases From Philly

    A Pennsylvania state appeals court agreed Thursday that a trial judge had properly deemed Philadelphia County an inconvenient forum for lawsuits filed on behalf of four out-of-state rail employees who blamed their cancers on unsafe working conditions.

  • April 15, 2021

    Rigzone.com Wants $3M In Atty Fees, Costs For $3M Jury Win

    Oil industry employment website Rigzone.com asked a federal judge in Texas on Wednesday to award it about $3 million in attorney fees and costs, on the heels of a jury verdict of about $3 million in a lawsuit where it alleged its creator stole its trade secrets to launch a competing website.

  • April 15, 2021

    Shepherds To Settle Conspiracy Claim After Attys Find Client

    Peruvian shepherds who allege that ranchers conspired to suppress their wages while on temporary work visas have reached a settlement over their remaining claims, after a Colorado federal court criticized their counsel for losing track of one of the workers.

  • April 15, 2021

    Pa. Logistics Co. Must Face Acct. Exec Trainees' FLSA Suit

    A Pennsylvania federal judge said Thursday PLS Logistics Services must face a proposed class action from account executive trainees alleging the transportation and logistics company denied them overtime, saying it's still too early in the litigation to dismiss the employees' claims.

  • April 15, 2021

    Insurer Says McDonald's Fingerprint Suits Aren't Covered

    An insurer is asking an Illinois state court to find it has no duty to defend or indemnify McDonald's and a franchisee in underlying lawsuits accusing them of implementing time-tracking practices that violate their Illinois employees' biometric privacy rights.

  • April 15, 2021

    11th Circ. Spikes Former LabCorp Worker's Age Bias Suit

    The Eleventh Circuit has backed the dismissal of an age bias suit from a former LabCorp manager who spent more than 40 years at the health care giant before she was fired, saying she couldn't overcome the company's assertion that she was fired after years of poor performance.

  • April 15, 2021

    Univ. Wins Block On Foreign Nurse Language Proficiency Test

    A Pennsylvania federal judge Wednesday granted Franklin University's request to bar the Commission on Graduates of Foreign Nursing Schools from implementing an English-language proficiency requirement for certain foreign nurses seeking to work in the United States.

  • April 15, 2021

    CalSTRS Drops $320M On 11-Building Industrial Portfolio

    California State Teachers' Retirement System has purchased 11 California industrial buildings from Crow Holdings for $320 million, according to an announcement on Thursday from Texas-based Crow.

  • April 15, 2021

    MAGA Atty Lin Wood Gets Help In Ex-Colleagues' Pay Suit

    Pro-Trump lawyer L. Lin Wood has appointed a Tennessee attorney to help him fight contract breach claims brought by former colleagues in Atlanta, after reporting having trouble getting Georgia lawyers to represent him because of controversy over his political views.

  • April 15, 2021

    Littler Punished Over Atty Lies In Wage-And-Hour Suit

    Lies from a Littler Mendelson PC lawyer defending a federal wage and hour suit in Alabama have cost the firm at least $63,600, an apology and possibly the client's case. 

  • April 15, 2021

    Pa. Judge Trims Labor Dept. Election Suit Against Philly Union

    A Pennsylvania federal judge has trimmed a U.S. Department of Labor lawsuit against the Philadelphia chapter of the International Brotherhood of Electrical Workers, ruling that some of the department's claims went beyond a union member's internal complaint over the June 2020 leadership election.

Expert Analysis

  • Why The Future Law Firm Model Is Industry-Based Offerings

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    Multidisciplinary, industry-based groups at law firms allow for more holistic legal advice, lead to sustainable client relationships, and are likely to replace practice group monoliths at many firms, say Jennifer Simpson Carr at Furia Rubel, Timothy Corcoran at Corcoran Consulting and Mike Mellor at Pryor Cashman.

  • Enforcement Takeaways From ABA Antitrust Meeting

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    Although many are calling for sweeping changes to antitrust laws, virtual sessions of the American Bar Association's 69th Antitrust Law Spring Meeting reveal that state and federal enforcers are already able to challenge big tech, acquisitions of small, nascent competitors, and wage-fixing and no-poach agreements, say attorneys at Perkins Coie.

  • Thought Leadership's Critical Role In Law Firm Diversity

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    Minority attorneys are often underrepresented in conferences, media interviews and other law firm thought leadership campaigns, which affects their visibility with potential clients and their ability to advance at their firms, says John Hellerman at Hellerman Communications.

  • 9th Circ. Ruling Offers Defendants Hope On Remand Appeals

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    The Ninth Circuit's recent decision in Academy of Country Music v. Continental Casualty comes as welcome news for defendants in many types of litigation because it outlines a possible avenue for appeal when an attempt to remove a case from state court to federal court has resulted in a remand order, say attorneys at Dechert.

  • Opinion

    The Right Approach To Personal Jurisdiction In Class Actions

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    Since the U.S. Supreme Court's 2017 decision in Bristol-Myers Squibb Co. v. Superior Court, three approaches to personal jurisdiction over absent class members have emerged in the lower courts, but only one comports with due process and limitations on procedural devices imposed by the Rules Enabling Act, say David Kouba and Andreas Moffett at Arnold & Porter.

  • Opinion

    It's Time To Modernize Amateurism In College Sports

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    Recent U.S. Supreme Court oral arguments in a case challenging the NCAA’s freedom from antitrust constraints — together with proposed federal legislation and U.S. Golf Association rules favorable to student-athletes — signal a coming, needed sea change in the definition of amateurism in college sports, says Geoffrey Lottenberg at Berger Singerman.

  • What Associates Should Consider Before Switching Practices

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    The current high demand for midlevel associates provides them a rare opportunity to potentially explore new practice areas, but associates should first ask themselves six questions to begin figuring out why a change sounds appealing, says Stephanie Biderman at Major Lindsey.

  • 4 Effective Ways To Prioritize Client Advocacy

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    To truly support a client going through a complicated lawsuit or a painful experience, lawyers must think beyond interpreting legal guidelines and navigating court proceedings, says attorney Scott Corwin.

  • Remote Law Firm Culture Should Prioritize Associate Training

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    Due to the pandemic, the gap between law school and the first day on the job has never been wider, but law firms can leverage training to bridge that intimidating gap and convey the unique value of their culture in a virtual environment, say Melissa Schwind at Ward and Smith, and William Kenney and Jaron Luttich at Element Standard.

  • Virtual Litigation May Unravel The Narcissistic Lawyer

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    The virtual courtroom limits a narcissistic lawyer's ability to intimidate witnesses and opposing counsel, boast to clients or engage in grandstanding — an unexpected benefit of the global pandemic as some aspects of remote litigation are likely here to stay, says Jennifer Gibbs at Zelle.

  • 2 Ways High Court Could Reshape Patent Assignor Estoppel

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    Whether or not the U.S. Supreme Court in Minerva Surgical v. Hologic repudiates a doctrine precluding patent assignors from attacking the validity of the patent rights they assigned in employment or other agreements, it should provide much-needed clarity on it, say David Fox and Christopher Kennerly at Paul Hastings.

  • ABA Remote Work Guide Raises Bar For Atty Tech Know-How

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    A recent American Bar Association opinion on lawyers' ethical duties of competence and confidentiality when working remotely should be viewed as part of a larger movement by which attorneys are being exhorted to develop competence in 21st century technology, say Jennifer Goldsmith at Ironshore and Barry Temkin at Mound Cotton.

  • Lateral Hire Conflict Screening Lessons From DLA Piper Case

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    While a Texas federal court recently denied a motion to disqualify DLA Piper from representing Apple in a patent dispute after the law firm hired an attorney who formerly represented opponent Maxwell, the case is a reminder that robust conflict checks during lateral hiring can save firms the time and expense of defending disqualification motions, says Hope Comisky at Griesing Law.

  • Navigating Dems' Whistleblower-Friendly Stance

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    Employers are likely to face robust whistleblower enforcement from newly Democratic state and federal governments, but compliance programs that include clear reporting channels, protocol and protections can mitigate risk while improving productivity and morale, say Gregory Keating and Daniel Green at Epstein Becker.

  • 3 Cybersecurity Questions To Ask Before A Remote Mediation

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    Lawyers preparing to mediate or arbitrate a case through videoconference should take steps to ensure they and their alternative dispute resolution providers are employing reasonable security precautions to protect digital client data and conform to confidentiality obligations, say F. Keith Brown and Michael Koss at ADR Systems.

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