Massachusetts employers may easily work around newly rewritten state noncompete laws by using escape clauses in the legislation or by turning to nonsolicitation agreements, corporate counsel monitoring the legislation told Law360.
Law360 Employment EMPLOYMENT

Sunday, August 19, 2018 Follow Employment Law360

TOP NEWS

Analysis

Mass. Noncompete Law Overhaul Not As Strict As It Seems

Massachusetts employers may easily work around newly rewritten state noncompete laws by using escape clauses in the legislation or by turning to nonsolicitation agreements, corporate counsel monitoring the legislation told Law360. Read full article »

Ex-Clerk Says NY Courts Protected Judge Who Harassed Her

A former law clerk has accused the New York state judicial system of covering up for a judge who she says sexually harassed her, allegations she made in a suit filed in federal court against the jurist and 16 other judges, administrators and attorneys. Read full article »

Courts Can Hear Bias Suits Sans EEOC Complaint: 10th Circ.

Courts in the Tenth Circuit can hear employment bias cases even if the workers bringing them did not file a timely complaint with the U.S. Equal Employment Opportunity Commission before suing, an appeals panel said Friday in a sprawling order that narrowly revived a disability discrimination suit against BNSF Railway Co. Read full article »

Ex-Judge Was Falsely Accused Of Drinking At Work, Suit Says

The attorney for a former Newark, New Jersey, municipal judge who claims she was falsely accused of being drunk at work and then fired said on Friday that his client unequivocally denies drinking on the job. Read full article »

Legal Waiver Doesn't Bar Pregnancy Bias Suit, 6th Circ. Says

The Sixth Circuit on Thursday revived a sales worker’s pregnancy and pay bias suit that was filed despite her having agreed to waive legal claims on her last day of work, ruling Title VII and Equal Pay Act claims are not subject to a common law doctrine governing whether contracts signed under duress can be revoked. Read full article »

NLRB Dems Fight Post-Epic Review Of Wage Suit Ruling

Republican members of the National Labor Relations Board have wiped out an April ruling that a Texas restaurant group illegally fired a worker who brought a wage suit against it, drawing objections from the board’s Democrats. Read full article »

DISCRIMINATION

DOD Asks Court To Toss Challenge To HIV Policy

The U.S. Department of Defense on Thursday asked a Virginia federal court to dismiss a Guardman's challenge to its HIV policy, saying the long-standing policy is not being used alongside a recent retention policy to automatically discharge HIV-positive troops and that the court lacks jurisdiction to review the HIV policy, regardless. Read full article »

McDonald's Moves Hiring Credit-Check Suit To Federal Court

McDonald’s Corp. on Friday removed to Florida federal court a putative class suit accusing the fast food company of burying background check notices it issued to new hires in extraneous paperwork in violation of the Fair Credit Reporting Act. Read full article »

WAGE & HOUR

DC Circ. Revives Shepherds' Challenge To H-2A Practices

The D.C. Circuit partly revived a suit Friday brought by a group of livestock herders challenging the government’s practice of issuing temporary visas for longer-term labor. Read full article »

Cinemark Staffers Get Class Cert. In Labor Dispute

A California federal judge granted class certification Thursday to hundreds of Cinemark workers alleging the movie theater chain issued some wage statements that didn’t list overtime pay rates, the latest twist in winding, yearslong litigation. Read full article »

NCAA Reforms Fail To Fix Basketball's Corruption Problem

The NCAA recently enacted a set of sweeping reforms that provide modest benefits to the small percentage of student-athletes who pursue a professional basketball career, but experts say the changes do not adequately address the serious issues at the center of a federal corruption probe into college basketball. Read full article »

Timeshare Co. Recklessly Disregarded FLSA, OT Suit Says

A proposed class of employees hit a Florida timeshare company with a suit Friday in Florida federal court claiming willful violations of overtime wages under the Fair Labor Standards Act, saying the company failed to pay overtime and showed "reckless disregard" of the act's provisions. Read full article »

LABOR

Labor Unions Make NAFTA Pitch As Endgame Looms

The AFL-CIO spearheaded a call for robust labor protections in the revised North American Free Trade Agreement Friday, putting pressure on negotiators to improve the accord's worker accommodations as officials aim to deliver a political-level deal in the next few weeks. Read full article »

WHISTLEBLOWER

Lincare Inks $5M FCA Kickbacks Deal Over Waived Copays

Oxygen therapy giant Lincare Inc. will pay $5.25 million to resolve whistleblower allegations that it flouted the False Claims Act by paying kickbacks in the form of waived copayments owed by Medicare Advantage beneficiaries, the U.S. Department of Justice has announced. Read full article »

WRONGFUL TERMINATION

Dollar General Must Face Afghanistan Vet's Suit: 8th Circ.

The Eighth Circuit ruled Friday that Dollar General must face claims that it improperly failed to rehire a veteran of the war in Afghanistan who had been let go after he wasn’t able to return from leave because of injuries he sustained on military duty. Read full article »

Demolition Co. Founder Sues Over Termination Dispute

The co-owner of a demolition and environmental remediation firm launched an Illinois federal court suit against the company and its majority shareholders Thursday that alleges they schemed to push her out of the business and devalue her stake for their benefit. Read full article »

PEOPLE

Health Hires: Dorsey & Whitney, DLA Piper, Epstein Becker

Dorsey & Whitney LLP, DLA Piper, Epstein Becker Green, Spencer Fane LLP, Minerva Neurosciences and Carlton Fields are among the latest firms to boost their health and life sciences offerings with new hires.  Read full article »

EXPERT ANALYSIS

Wrongful Termination Claims And NLRB's Burden Of Proof

In Tschiggfrie Properties v. National Labor Relations Board, a three-member panel of the Eighth Circuit vacated the NLRB's decision involving an employee who was fired for abusing his employer's Wi-Fi and sleeping on the job. The ruling is a helpful reminder of the NLRB's burden of proof in a mixed-motive wrongful termination case, say Douglas Darch and Jenna Neumann of Baker McKenzie. Read full article »

Series

Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez. Read full article »

LEGAL INDUSTRY

Analysis

Despite Abuse Horrors, Attys Feel Duty To Defend The Church

Despite horrific details in a recently unveiled grand jury report about sexual abuse suffered by more than a thousand victims at the hands of Catholic clergy in Pennsylvania, attorneys who have represented the church say that public scorn hasn't swayed them from their duty to provide a vigorous defense. Read full article »

Feature

3rd Circ. Oral Argument Dip Troubling, Chief Judge Says

The Third Circuit appellate bar is trying to reverse a troubling decline in oral arguments before its panels, which its Chief Judge D. Brooks Smith in an exclusive interview with Law360 says could have been brought on by a "stunning" increase in pro se filings he traces to the Great Recession of the late aughts. Read full article »

Quinn Emanuel Says Ex-Partners Can't Duck Fee Arbitration

Quinn Emanuel Urquhart & Sullivan LLP reiterated on Thursday in New York court that its former partners who launched Selendy & Gay PLLC cannot escape arbitrating a dispute over a clause in their partnership agreement requiring them to remit fees earned from clients they took to their new firm. Read full article »

Stinson Leonard Grows In St. Louis With IP Boutique Tie-Up

Stinson Leonard Street LLP continued its expansion streak Thursday, announcing plans to acquire 28-strong St. Louis intellectual property boutique Senniger Powers LLP, following up on two new office openings earlier this year. Read full article »

Feature

3 Reasons Attys Should Learn A Foreign Language

Becoming fluent in a foreign language may seem daunting, but the challenge can offer big rewards, including career opportunities and personal satisfaction, for attorneys willing to take it on. Here, Law360 looks at three reasons why lawyers should learn languages other than their own. Read full article »

Feature

GC Cheat Sheet: The Hottest Corporate News Of The Week

The Sixth Circuit ruled the Fair Labor Standards Act doesn’t on its own thwart arbitration agreements, consumer groups fought back against industry attempts to amend a hastily enacted landmark privacy law in California and British police warned of an increase in cryptocurrency fraud. These are some of the stories in corporate legal news you may have missed in the past week.​ Read full article »

In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week. Read full article »

Podcast

Podcast

Law360's Pro Say: Disabled Attys Fight For A Place In BigLaw

The legal profession can be a lonely place for attorneys with disabilities. They are often overlooked in diversity discussions, and may feel pressure to downplay their disability out of fear of facing bias and stigma. On this week's Pro Say podcast, we dive into these challenges and highlight how disabled attorneys are fighting for their place in the law.  Read full article »

Kavanaugh Will Meet With Top Senate Opponent

U.S. Supreme Court nominee Brett Kavanaugh will come face-to-face with his opposition Monday as he sits down with Sen. Dianne Feinstein, D-Calif., the ranking member of the Senate Judiciary Committee and the lawmaker leading the fight against his confirmation. Read full article »

JOBS
Search full listings or advertise your job opening
Law360 Pro Say Podcast

Listen to our new podcast here

LAW FIRMS

Akerman

Anderson Kill

Baker McKenzie

Ballard Spahr

Bartlit Beck

Boies Schiller

Buchalter PC

Butler Rubin

CJ Lake LLC

Capstone Law APC

Carlton Fields

Carmagnola & Ritardi

Clark Hill

Cohen Seglias

Cooley

DLA Piper

Dentons

Dorsey & Whitney

Epstein Becker Green

Estes Thorne

Fish & Richardson

Fisher Patterson

Fox Rothschild

Gibson Dunn

Graybill & Hazlewood

Greenberg Traurig

Hogan Lovells

Holland & Knight

Hughes Hubbard

Hunton Andrews Kurth

Jomarron Lopez

King & Spalding

Kirkland & Ellis

Kleinbard LLC

Kline & Specter

Knobbe Martens

Lackey Hershman

Latham & Watkins

Lite DePalma

Littler Mendelson

Locke Lord

Mayer Brown

McDermott Will

Meyer Darragh

Mintz Levin

Mirick O'Connell

Monty & Ramirez

Morgan & Morgan

Morgan Lewis

Morrison & Foerster

Nelson Mullins

Nichols Kaster

Nixon Peabody

Norton Rose Fulbright

Olsson Frank

Paul Hastings

Perkins Coie

Proskauer Rose

Quinn Buseck

Quinn Emanuel

Rainone Coughlin

Reed Smith

Rimon PC

Robins Kaplan

Rumberger Kirk

Saul Ewing

Selendy & Gay

Senniger Powers

Sidley Austin

Spencer Fane

Stinson Leonard

Stradley Ronon

Tabet DiVito

Thompson & Knight

Vladeck Raskin

Waller Lansden

Wenzel Fenton

White and Williams

Williams & Connolly

Willkie Farr

WilmerHale

Winston & Strawn

Zuckerman Spaeder

COMPANIES

Adecco SA

Adidas AG

Airbnb Inc.

American Bar Association

American Civil Liberties Union

American Federation of Labor and Congress of Industrial Organizations

Apple Inc.

Apria Healthcare Group

Archdiocese of Washington

BNSF Railway Co.

CBOE Holdings Inc.

Cinemark Holdings, Inc

Consumer Federation of America

Dollar General Corporation

EMD Serono Inc.

Electronic Frontier Foundation

Entergy Corp.

Epic Systems Corp.

Google Inc.

HSBC Holdings PLC

Hansen Medical, Inc.

Humana Inc.

Kelly Services, Inc.

Lambda Legal Defense & Educational Fund

Lincare Holdings Inc.

McDonald's Corporation

Monsanto Co.

NBCUniversal Inc.

National Basketball Association

National Collegiate Athletic Association

National Governors Association

New York University

Novartis AG

Pfizer Inc.

Quicken Loans Inc.

Robert Half International Inc.

Stallergenes Greer PLC

State Bar of California

The American Law Institute

The City University of New York

The ERISA Industry Committee

USA Basketball

Villanova University

WeWork LLC

GOVERNMENT AGENCIES

Equal Employment Opportunity Commission

Federal Bureau of Investigation

Food and Drug Administration

Internal Revenue Service

Judicial Conference of the United States

Massachusetts Legislature

NAFTA

National Labor Relations Board

Securities and Exchange Commission

U.S. Air Force

U.S. Attorney's Office

U.S. Department of Defense

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. Department of Labor

U.S. Supreme Court