Employment

  • June 30, 2022

    Ex-Hedge Fund Star Awarded $52M In Defamation Arbitration

    D.E. Shaw & Co. on Wednesday was ordered to pay its former managing director Daniel Michalow $52 million following arbitration in which he lobbed defamation and gender discrimination claims against the prominent hedge fund, according to a Financial Industry Regulatory Authority filing.

  • June 30, 2022

    NJ Allowed To Cancel Atlantic City Arbitration Award

    A New Jersey law giving the state oversight of localities in financial distress also gives the Garden State the power to vacate an arbitration award in a dispute between Atlantic City and law enforcement, a state appellate court ruled Thursday.

  • June 30, 2022

    Thomas Dissents On Denial Of NY Health Worker Vax Case

    Even though the U.S. Supreme Court shot down New York health care workers' challenge to a COVID-19 vaccine requirement, three justices disagreed, with Justice Clarence Thomas saying there was "considerable confusion" over mandates like the Empire State's.

  • June 30, 2022

    CFPB Scraps Earned-Wage Access Co.'s 'Sandbox' Approval

    The Consumer Financial Protection Bureau on Thursday rescinded a Trump-era regulatory waiver approval for earned-wage access provider PayActiv Inc., granting what the agency said was a company request for termination amid changes to its fee structure and a brush with enforcement officials.

  • June 30, 2022

    Cushman-Newmark Merger Could Spur Uptick In Conflicts

    A rumored merger between commercial real estate companies Cushman & Wakefield PLC and Newmark Group will likely create additional deals conflicts as well as employee shakeups, yet while the deal involves two brokerage powerhouses, some experts say the matter is unlikely to face antitrust hurdles.

  • June 30, 2022

    Prior Settlement Doesn't Nix Wage Claims, Calif. Justices Say

    A nurse can still sue a hospital for wage and hour violations after settling similar labor claims against the staffing agency that hired her, the California Supreme Court ruled Thursday, saying the two entities are not directly connected.

  • June 30, 2022

    NJ Casino Workers Ready To Strike Over Wage Impasse

    New Jersey casinos owned by Caesars Entertainment, MGM Resorts and Hard Rock International are in danger of losing millions of dollars and a workforce just ahead of the July Fourth holiday weekend, an Atlantic City-based labor union said Thursday, as 6,000 employees prepare to strike for better wages by a Friday deadline if a deal isn't reached.

  • June 30, 2022

    Fed. Circ. Sides With Veteran Seeking Pay For Secondary Pain

    An Air Force veteran with job-related hearing loss can seek higher disability pay after the Federal Circuit ruled that a lower court erred in denying that his ear pain, caused by hearing devices, was connected to his service.

  • June 30, 2022

    Trade Court Backs Denial Of Benefits To Ex-AT&T Workers

    The U.S. Court of International Trade upheld the U.S. Department of Labor's denial of benefits to former AT&T workers Thursday, ruling that the agency made clear that its decision was driven by verified statements from the company.

  • June 30, 2022

    Keurig Says Exec Who Joined Rival May Spill Tea On Strategy

    Keurig is suing a former top executive who left to work for kitchen appliance rival SharkNinja, arguing he violated various employment agreements by joining a competitor and allegedly taking confidential and proprietary information with him that "would be extremely useful" to his new employer.

  • June 30, 2022

    Ex-Ga. Judge Can't Avoid Computer Hacking Charges

    A former Georgia state judge must face criminal computer hacking charges because her contention that they constitute impermissible double jeopardy was raised too late, the Georgia Court of Appeals held Thursday.

  • June 30, 2022

    Amazon Quota OK For Tom Brady, Judge Says In Age Suit Ax

    A California federal magistrate judge has dismissed a proposed class action claiming Amazon imposed onerous work quotas that discriminate against workers over 40, saying the allegations assume no one over 40 can meet those quotas, but "if Tom Brady worked at this Amazon warehouse, he would not be adversely impacted."

  • June 30, 2022

    Pollock Cohen, Ex-Atty Resolve Settlement Payment Spat

    A dispute over settlement payments between an attorney and Pollock Cohen LLP has been dismissed from federal court after the parties reached a settlement.

  • June 30, 2022

    6th Circ. Says 20-Year Delay Dooms Home Depot Bonus Suit

    A Home Depot manager sat for too long on claims that the company cheated him out of a bonus that was allegedly promised to him in exchange for taking the fall in the wake of a racial discrimination investigation, the Sixth Circuit held.

  • June 30, 2022

    NJ High Court Restores Union Carbide Asbestos Verdict

    The New Jersey Supreme Court on Thursday reinstated a $2.38 million verdict against a Dow Chemical unit in an asbestos liability case, finding the company didn't do enough to warn employees about its product risks by telling employers and hoping the message trickled down.

  • June 30, 2022

    Doc Who Misgendered Patients Loses Dismissal Appeal

    A doctor fired for refusing to use transgender patients' names and preferred pronouns was rightfully dismissed despite expressing a belief protected by U.K. law, an appeals tribunal has ruled, saying judges could distinguish between his beliefs and how they manifested at work.

  • June 30, 2022

    Staffing Co. Says No New Classes Belong In Fla. Wage Suit

    A staffing company urged a Florida federal judge to reject its day laborers' bid to certify two additional classes in litigation alleging the business overcharged workers for transportation to job sites and failed to pay them for time waiting for assignments, saying the judge's initial holding was correct.

  • June 30, 2022

    Norton Rose Fulbright Names New Employment, Tax Heads

    Norton Rose Fulbright has reshuffled the leadership of its employment and tax practices, respectively promoting the head of the firm's Houston office and its head of tax for Europe, the Middle East and Africa to the top roles.

  • June 30, 2022

    Justices Reject Airline Group's Wash. Sick Leave Law Fight

    The U.S. Supreme Court on Thursday declined to hear the U.S. airline industry's challenge to a Ninth Circuit ruling that cleared the way for Washington state to enforce its paid sick leave law against airlines.

  • June 30, 2022

    High Court Won't Hear Truckers' Challenge To Calif. AB 5 Law

    The U.S. Supreme Court said Thursday it won't review whether a federal law regarding motor carriers' prices, routes or services preempts a controversial California worker classification law, killing the chance of a ruling that the petitioners said could impact hundreds of thousands of trucking owner-operators.

  • June 29, 2022

    Wells Fargo Faces Top Dem's Wrath, Investor Suit Over Hiring

    Wells Fargo has been hit with a proposed investor class action tied to allegations that the bank conducted fake job interviews to satisfy internal diversity guidelines, a claim that is also fueling a top Democratic lawmaker's call for a regulatory crackdown on the bank to end its "pattern of bad behavior."

  • June 29, 2022

    Feds Say Customer Service Rep Stole $88M In Software Codes

    Prosecutors in Oklahoma say a customer service representative working at a workplace telephone tech company secretly sold at least $88 million of the company's licensed software through an unauthorized reseller that eventually became one of the largest dealers of the company's software in the world.

  • June 29, 2022

    Chick-Fil-A Branch Wrongly Fired Harassed Worker, Suit Says

    An Atlanta-area Chick-Fil-A franchise allegedly fired a transgender worker after she complained about a co-worker hitting on her, with the worker saying in her complaint the franchise owner told her she should be honored that "being a transgender woman, that someone liked her enough to hit on."

  • June 29, 2022

    Uber Drivers' Microsoft BIPA Claims Sent Back To State Court

    An Illinois federal judge on Wednesday severed two claims and remanded them to state court in a lawsuit brought by two Uber drivers accusing Microsoft of violating the state's biometric privacy law.

  • June 29, 2022

    Trenam Law Can't Rep PE Firm In Fight With Ex-CEO

    A Florida appeals court affirmed Wednesday that a Tampa law firm can't represent a private equity company in a suit and countersuit with its shareholder. 

Expert Analysis

  • Opinion

    What High Court Got Wrong In Wash. Nuclear Workers Ruling

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    The U.S. Supreme Court's unanimous decision in the Hanford nuclear cleanup site case invalidated a Washington state workers' compensation statute by addressing three issues — mootness, discrimination against the federal government, and congressional waiver of immunity — but made errors on all three, says Henry Drummonds at Lewis and Clark Law School.

  • Ethics Considerations For Attorneys Joining Nonprofit Boards

    Excerpt from Practical Guidance
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    Many charitable organizations offer attorneys board positions to benefit from their specialized legal knowledge, but there are ethical considerations and liability dangers that demand lawyers set boundaries about their roles and responsibilities, says Patrick Sturm at LexisNexis.

  • What's At Stake In Justices' FCA Qui Tam Dismissal Review

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    The Supreme Court's decision next term in U.S. v. Executive Health Resources could hold that the government cannot dismiss a qui tam action in which it initially declined intervention, which would mean the government must expend more resources vetting False Claims Act cases and give relators free rein as prosecutors of their cases, say attorneys at Ropes & Gray.

  • Opinion

    Justices Should Resolve FCA Cases' Rule 9(b) Circuit Split

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    The U.S. Supreme Court should agree to hear three related False Claims Act cases and resolve the circuit split over the level of detail Rule 9(b) requires in qui tam complaints, or the viability of such actions will increasingly depend on where they are filed, say Kenneth Abell and Katherine Kulkarni at Abell Eskew.

  • Thinking Strategically About The Weekend's Impact On Jurors

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    Clint Townson at IMS discusses how experienced trial lawyers and consultants can utilize the strategic value of weekends in their favor by accounting for how the weekend break affects juror cognition and decision making as part of an integrated trial strategy.

  • Opinion

    Now's The Time To Address Archaic Law School Curricula

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    With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.

  • Employer Abortion Policy Considerations In A Post-Roe World

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    Restricted abortion access in many states after the U.S. Supreme Court’s expected reversal of Roe v. Wade may cause corporate recruitment and retention concerns, but before implementing policies that help employees access reproductive care, employers should consider their workforce’s values, legal risks and potential political backlash, says Meredith Kirshenbaum at Goldberg Kohn.

  • High Court Rulings Highlight Arbitration Jurisprudence Shift

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    A study of recent U.S. Supreme Court decisions — including last month's Morgan v. Sundance opinion — suggests a move away from the strong federal preference for arbitration toward a strict textual interpretation of the Federal Arbitration Act, say Chelsea Priest and Margaret Allen at Sidley.

  • Lessons From Lawyer Fee-Sharing Agreements Gone Wrong

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    The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.

  • LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue

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    A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.

  • 8 Steps To Creating A Legal Ops Technology Road Map

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    Legal departments struggling to find and implement the right technologies for their operations should consider creating a road map that summarizes their approach to technology changes, provides clearly defined metrics for success, and serves as the single source of truth for stakeholders, says Melanie Shafer at SimpleLegal.

  • Labor Law Lessons In Amazon's NY COVID Suit Win

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    A New York state court’s recent decision in James v. Amazon, dismissing allegations the company illegally retaliated against workers who raised concerns about COVID-19 safety policies, offers important reminders about federal labor law preemption and scope, says Hannah Redmond at Bond Schoeneck.

  • The Importance Of Data And Data Analysis In Litigation

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    Understanding, analyzing and effectively presenting large data sets is an increasingly important skill in litigation as it allows plaintiffs to dramatically scale up the scope of cases and is often critical to defeating motions to dismiss and motions for summary judgment, says David Burnett at Motley Rice.

  • Justices' Airline Ruling Bolsters Arbitration Course Correction

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    The U.S. Supreme Court’s decision last week in Southwest v. Saxon, together with its May ruling in Morgan v. Sundance, limits the reach of mandatory arbitration and sends a strong message to the federal judiciary, with potentially broad applications in the employment context, says University of Denver professor and Outten & Golden counsel Nantiya Ruan.

  • 2 New Defenses To Federal Shareholder Derivative Claims

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    Increasingly, plaintiffs are bringing Securities Exchange Act claims in derivative suits because they perceive these claims to have advantages compared to traditional fiduciary duty claims, but there are several reasons why plaintiffs are wrong and the flawed assumptions underlying these claims should be tested in court, say Brian Lutz and Michael Kahn at Gibson Dunn.

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