Employment

  • March 05, 2021

    Judge Won't Freeze Pollock Cohen Funds In Ex-Atty's Pay Suit

    A federal judge said Friday he had no power to freeze Pollock Cohen LLP's assets for a lawsuit filed by a former attorney seeking a slice of settlements reached by the firm in his cases after he was let go.

  • March 05, 2021

    BREAKING: Biden Sacks EEOC General Counsel After She Refuses To Quit

    President Joe Biden on Friday fired U.S. Equal Employment Opportunity Commission general counsel Sharon Fast Gustafson, shortly after she declined the administration's request that she resign.

  • March 05, 2021

    Legal Industry Continues Steady Job Growth In February

    The legal industry has now recovered more than half of the 73,200 jobs it lost last spring as the coronavirus pandemic first hit, with the sector gaining approximately 7,200 jobs in February, according to preliminary data released Friday by the U.S. Department of Labor.

  • March 05, 2021

    Conn. Court Nixes 'Perry Mason Moment' In Workers' Suit

    Connecticut workers suing over employment discrimination cannot use a secret recording of their boss that allegedly contradicts his sworn account, a Connecticut federal court has ruled, saying the workers' lawyer tried to manufacture a plot twist straight out of the legal drama Perry Mason but entered the recording into evidence too late for it to be considered.

  • March 05, 2021

    Lin Wood Drops Alston & Bird In Pay Fight With Former Attys

    High-profile Atlanta libel attorney L. Lin Wood dropped Alston & Bird LLP as his defense counsel Thursday in a contract breach suit brought against him by lawyers who quit his law firm, asking a Georgia state court for an emergency stay of proceedings to find new representation.

  • March 05, 2021

    Firm Denies Extreme Conduct In Impaired Atty's Bias Suit

    Swanson Martin & Bell LLP asked an Illinois federal judge Thursday to trim a former nonequity partner's lawsuit alleging he was fired after developing a degenerative neurological condition, saying he can't show the firm's alleged conduct was extreme or outrageous enough to support his claim of intentional infliction of emotional distress.

  • March 04, 2021

    7th Circ. Decertifies Class In Sex Harassment Suit

    The Seventh Circuit on Thursday reversed a lower court's order certifying a modified class of female correctional workers suing Cook County, Illinois, for sexual harassment, finding the class "cannot stand" because it is too diverse and because the workers have not identified a common question that unites them.

  • March 04, 2021

    GM, Fiat Chrysler Spar Over RICO Standing In 6th Circ.

    A Sixth Circuit panel on Thursday questioned whether General Motors can continue pursuing allegations that rival automaker Fiat Chrysler strategically bribed former United Auto Workers senior officials to saddle GM with higher labor costs, indicating it's difficult to draw direct connections between Fiat Chrysler's actions and GM's collective bargaining results.

  • March 04, 2021

    PwC Trial Judge Limits Whistleblower's Integrity Questions

    A California federal magistrate judge overseeing a bench trial on whether PricewaterhouseCoopers LLP fired an auditor in retaliation for purported whistleblowing refused Thursday to allow the ex-employee's counsel to question PwC's expert witness on the company's auditing track record or on the U.S. Securities and Exchange Commission's impartiality.

  • March 04, 2021

    Whistleblowers Tell Texas Panel To Toss Paxton's Challenge

    The whistleblowers suing Texas Attorney General Ken Paxton for firing them after they reported his alleged wrongdoing to the FBI told a Texas appellate court on Thursday to toss an appeal lodged Monday that halted proceedings because it is meritless and the panel doesn't have authority to hear it.

  • March 04, 2021

    NH High Court Says Insurers Must Cover Workers' Medical Pot

    New Hampshire's state workers' compensation insurers must reimburse eligible patients for their prescribed medicinal marijuana treatments, the state's Supreme Court ruled this week.

  • March 04, 2021

    NCAA Shouldn't Get Antitrust Exemption, High Court Told

    The NCAA has it backward in trying to overturn a decision that struck down its rules restricting education-related benefits for college athletes, according to the athletes challenging the NCAA's amateurism system, who told the U.S. Supreme Court it should not exempt the NCAA from antitrust scrutiny.

  • March 04, 2021

    Alsup Denies Class Cert. In Cable Installers' Wage Suit

    U.S. District Judge William Alsup on Wednesday denied class certification to a group of cable installation company workers after arbitration agreements whittled the putative class from 238 members to 16, a size the judge said was too small to certify.

  • March 04, 2021

    Keep Amazon COVID-19 Suit In State Court, NY AG Tells Judge

    New York Attorney General Letitia James wants her lawsuit accusing Amazon of failing to adequately protect city workers from the coronavirus sent back to state court, arguing Wednesday that the claims have no federal ties.

  • March 04, 2021

    Pollock Cohen Says Ex-Atty Isn't Owed Bonus Pay After Firing

    Pollock Cohen LLP and three firm partners sought to toss a fired attorney's suit over bonus pay for a second time, telling a Pennsylvania federal court that he is not entitled to portions of settlements reached after he was let go.

  • March 04, 2021

    Ill. Judge Says Labor Law Blocks Worker's Finger Privacy Suit

    A southern Illinois federal judge has tossed a biometric privacy suit claiming a kitchen and bath surfaces manufacturer collected and used employees' fingerprint data without informed consent, finding the claims preempted under the Labor Management Relations Act.

  • March 04, 2021

    Emory Says Ex-Worker's 2 Discrimination Suits Split Claims

    Emory University asked a Georgia federal judge on Thursday to toss a sex discrimination suit brought by a male former employee, saying he's improperly claim splitting by pursuing the same argument in a separate federal action under the Americans with Disabilities Act.

  • March 04, 2021

    Faegre Drinker Scores Veteran International Employment Atty

    Faegre Drinker Biddle & Reath LLP has scored a heavyweight employment attorney to co-lead its international employment law team in New York, the firm announced Wednesday.

  • March 04, 2021

    Whole Foods Workers Appeal Loss In BLM Mask Ban Case

    Whole Foods Markets Inc. workers will ask the First Circuit to review a lower decision tossing nearly all their discrimination claims over the grocer's disciplining of employees who wore Black Lives Matter face masks to work, according to a notice filed this week.

  • March 03, 2021

    Ex-Cowen & Co. Banker Must Arbitrate Discrimination Suit

    A former Cowen & Co. LLC banker's claims that he was wrongfully terminated for raising concerns about the firm's potential dealings with a Russian oligarch must be arbitrated, a federal judge in Manhattan said Wednesday.

  • March 03, 2021

    Ex-SEC Accountant Backs Up PwC Auditing Standard At Trial

    A former U.S. Securities and Exchange Commission deputy chief accountant testified Wednesday to the reasonableness of PwC's auditing practices in a California federal bench trial over whether the accounting behemoth fired an auditor in retaliation for purported whistleblowing, telling the judge that PwC's practices conformed with professional auditing standards.

  • March 03, 2021

    Ex-Head Chef Says Calif. Hotel Wrongly Fired Him Over Injury

    The former executive chef of a posh California hotel and marina has lodged a state court lawsuit accusing the hospitality business of wrongfully terminating him after he suffered a work-related injury that required him to take legally protected medical leave.

  • March 03, 2021

    7th Circ. Hammers Southwest On FAA Arbitration Exemption

    During a second round of oral arguments Wednesday in a Southwest Airlines Co. employee's wage suit, two Seventh Circuit judges questioned whether the airline was interpreting precedent too narrowly as it argued the dispute was correctly sent to arbitration.

  • March 03, 2021

    Uber Beats 'Poorly Drafted' Suit Alleging Racist Rating System

    A California federal judge on Wednesday tossed a proposed class action alleging Uber Technologies Inc.'s in-app customer rating system enables racial discrimination against drivers, calling the complaint "too sparse and poorly drafted," but said it could be reworked.

  • March 03, 2021

    Alsup Says Apple Owes Calif. Workers For Bag Check Time

    U.S. District Judge William Alsup said Wednesday he'll enter an order finding Apple liable for paying a class of California retail store workers for time they spent working off the clock undergoing bag checks and told the parties that damages will be decided in a jury trial.

Expert Analysis

  • Ethics Tips For Attorneys Telecommuting Across State Lines

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    Attorneys working remotely from jurisdictions in which they are not admitted should take precautionary steps to avoid engaging in unauthorized practice of law, say John Schmidt and Michael Seaman at Phillips Lytle.

  • For Trucking Accident Plaintiffs, Access To Evidence Is Key

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    The country is relying more than ever on the trucking industry during the COVID-19 pandemic, but when trucking companies fail to properly manage drivers, plaintiffs attorneys can use statutes that enforce access to evidence to obtain justice for accident victims, says Sam Coffey at Coffey Trial Law.

  • Inside DC Bar's New Guidance On Multiple Representation

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    The D.C. Bar recently cleared the way for lawyers to represent both a party and a witness in the same case in guidance that could prove influential as multiple representation in employment cases becomes increasingly common, says Alan Kabat at Bernabei & Kabat.

  • 6 Ways Legal Employers Can Help Pandemic-Weary Parents

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    Parenting during the pandemic has introduced a series of competing personal and professional obligations for attorneys and professional staff, and even organizations that are supportive of their parent employees can take steps to do better, says Meredith Kahan at Saul Ewing.

  • How Cos. Can Weather Growing DOJ Labor Antitrust Scrutiny

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    In light of of the U.S. Department of Justice's increasing antitrust scrutiny of labor markets and President Joe Biden's vow to eliminate most noncompetes, companies should customize their compliance plans and review employee agreements to mitigate risk, say Eric Grannon and Adam Acosta at White & Case.

  • Pandemic Force Majeure Interpretations May Be Shifting

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    A New York federal court's ruling in JN Contemporary Art v. Phillips Auctioneers, deeming COVID-19 to be a natural disaster that triggers a force majeure clause, appears to loosen previously strict contours of contractual interpretation and could create a legal quandary for obligees, say Kimberly Daily and Matthew Rawlinson at Eversheds Sutherland.

  • Renewable Energy Cos. Need New Risk Management Tools

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    As President Joe Biden seeks to ramp up renewable energy development, the industry's risk managers must not only rely on traditional insurance and contractual warranties, but also explore new risk management products like proxy revenue swaps, say Leslie Thorne and Andrew Van Osselaer at Haynes and Boone.

  • Inside The Immigration Reform Bill's Business Provisions

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    Provisions in the recently introduced U.S. Citizenship Act that aim to reduce the employment-based green card backlog and attract STEM students are welcome business immigration reforms, but the business community is skeptical of its more restrictive provisions, say attorneys at Akin Gump.

  • A Cautionary Tale On Duplicative Noncompetes

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    Duplicative or overlapping noncompete provisions in employment contracts can hinder enforcement of choice of forum and other restrictive covenants, the Delaware Chancery Court recently showed in AG Resource Holdings LLC v. Terral, and could mean preclusive judgments and duplicative litigation costs for companies, say attorneys at Dechert.

  • Remote Working Tips For Lawyer Trainees And Their Firms

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    The prospect of joining a law firm during the pandemic can cause added pressure, but with a few good practices — and a little help from their firms and supervising attorneys — lawyer trainees can get ahead of the curve while working remotely, say William Morris and Ted Landray at King & Spalding.

  • Employer-Friendly Changes May Revive H-1B Visa Program

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    Recent H-1B visa program improvements that are favorable to employers — such as e-registration and more predictability in U.S. Citizenship and Immigration Services decision making — may lead companies to reconsider this visa category as a resource for adding foreign-national talent to their workforce, says Matthew Minor at Hammond Neal., says Matthew Minor at Hammond Neal.

  • What Biden's Ethics Pledge Means For Gov't Revolving Door

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    Attorneys at Nossaman look at how President Joe Biden’s ethics pledge goes beyond those of his predecessors by imposing post-employment shadow lobbying and golden parachute restrictions on his administration’s appointees — and how a House bill proposing expansion of federal ethics law could affect enforcement.

  • Opinion

    Punishing Bar Exam Policies On Menstrual Products Must Go

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    Law graduates across the states are sitting for the grueling two-day bar exam this week despite menstruation-related barriers, such as inadequate menstrual product and bathroom access, which could be eradicated with simple policy tweaks, say law professors Elizabeth Cooper, Margaret Johnson and Marcy Karin.

  • Mitigating BIPA Suit Risk Under Alternative Liability Theories

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    A recent Illinois federal court decision allowing a suit to proceed against Enterprise Leasing and its parent company for violating the state's Biometric Information Privacy Act shows why even companies that don't directly use biometric data must take proactive contractual measures to mitigate alternative liability exposure, says David Oberly at Blank Rome.

  • It's Time For Law Firms To Start Loving And Leveraging Data

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    The volume and diversity of data managed by law firms today — from client files to internal financial records — may seem daunting, but when properly organized, good data can help practitioners stay competitive by providing sharper insight into firm resources and cost of work, say Jaron Luttich and Barry Wiggins at Element Standard.

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