Employment

  • July 19, 2019

    Equinox Insurer Denied Win In Sex Assault Suit Fees Row

    An insurer for Equinox Fitness beat a claim from another insurer of the luxury gym that it wasn’t paying its fair share of legal fees in an ongoing sexual assault lawsuit a Pilates instructor brought against another employee, according to a California federal court ruling Friday.

  • July 19, 2019

    Ill. Atty Says Sanctions Should Be Dropped Over Mix-Up

    The attorney for former Segerdahl Corp. employees accused of misappropriating trade secrets asked an Illinois federal judge on Friday to reconsider sanctions imposed against him, saying they were only granted because of a deadline mix-up.

  • July 19, 2019

    Texas Nurses Told To Go It Alone Or Drop Antitrust Suit

    A Texas federal judge has ordered San Antonio registered nurses to either drop their proposed class action or individually pursue antitrust claims that three area hospital systems colluded to suppress staffers' salaries.

  • July 19, 2019

    Cancer Center Ch. 11 Reopened, But Not For Antitrust Fight

    A New York bankruptcy judge told cancer treatment center chain 21st Century Oncology he won’t reopen its Chapter 11 case for the purpose of quashing the antitrust claims of a group of its former doctors and the indemnification claims of its ex-CEO.

  • July 19, 2019

    Ailing NFL Players And The Lawyer They Say Swindled Them

    The inside story of how an avaricious lawyer, an ex-con and an unlicensed doctor preyed on NFL players in hopes of getting rich off the league's landmark concussion settlement.

  • July 19, 2019

    DC Circ. Affirms Corn Starch Co. Violated NLRB Rules

    The D.C. Circuit Friday affirmed the National Labor Relations Board’s finding that a multinational corn starch manufacturing company committed a slew of labor violations at an Iowa corn processing plant by denigrating its union, dealing directly with employees, and threatening job losses.

  • July 19, 2019

    Employment Hires: Reed Smith, Fox Rothschild

    Reed Smith LLP has lured a team of employment law pros from Morgan Lewis & Bockius LLP, while a former Clark Hill PLC partner has jumped back to her old firm Fox Rothschild LLP, headlining Law360's latest roundup of lateral moves in the labor and employment arena.

  • July 19, 2019

    Ex-CSX Worker's Injury Suit Derailed By Case's Location

    The Pennsylvania Superior Court issued a published decision Friday finding that the state was not the proper forum for a lawsuit brought by a former Consolidated Rail Corp. and CSX Transportation Inc. worker over injuries he suffered during the course of his four-decade career at a rail yard in New York.

  • July 19, 2019

    Wash. High Court Gives Special Protection To In-House Attys

    The Washington Supreme Court has ruled that in-house attorneys are allowed to sue their employers, despite attorney ethics rules that would otherwise prohibit such suits, saying that the state's ethics rules have not kept up with the modern realities of the practice of law.

  • July 19, 2019

    Trump Labor Pick Scalia Seen As Deregulatory Force

    Years spent challenging rules issued by the U.S. Department of Labor and other federal agencies have made Gibson Dunn & Crutcher LLP attorney and George W. Bush DOL veteran Eugene Scalia — the president’s planned pick to helm the DOL — a lean, mean, deregulating machine.

  • July 19, 2019

    Tennis Player Wins Appeal Of French Open Match Sanction

    The director of the Grand Slam Board on Friday reversed a sanction for professional tennis player Anna Tatishvili that was imposed for her failure to meet a “professional standard” after she lost her opening match at the 2019 French Open upon her return from injury.

  • July 19, 2019

    Real Housewife Settles Pay-Seizure Suit With Vineyard Vines

    "Real Housewives of New Jersey" star Margaret Josephs has settled a New York state court lawsuit over clothier Vineyard Vines’ bid to intercept her Bravo pay to help satisfy a $610,000 federal copyright infringement judgment, a lawyer for the reality star said Friday.

  • July 19, 2019

    Massachusetts Cases To Watch: Midyear Report

    Boston courthouses have been hopping as spring has turned to summer and high-profile white collar cases, the anticipated verdict in a landmark education and employment case, and a pair of cases dealing with courthouse immigration arrests have been filling up the Bay State's dockets. Here, Law360 highlights some of the most important cases to watch in the second half of 2019.

  • July 19, 2019

    Fraud Ring Posing As Gov't Officials, DHS Watchdog Warns

    The Department of Homeland Security’s watchdog has issued an alert about a scheme by an Atlanta-based transnational fraud ring that poses as government procurement officials to steal electronics from unsuspecting contractors.

  • July 19, 2019

    2nd Circ. Revives NYC Taxi Drivers' Unfair Suspension Suits

    The Second Circuit ruled Friday that New York City's practice of summarily suspending licenses for taxi drivers who've been arrested but not yet convicted deprives them of due process by denying them meaningful opportunities to challenge their suspensions.

  • July 19, 2019

    Whataburger Urges Fla. Court To Drop EEOC Bias Suit

    Whataburger has asked a Florida federal district court to toss a U.S. Equal Employment Opportunity Commission suit accusing the fast food chain of forcing an employee to quit after she refused to comply with a racially discriminatory directive to hire white job applicants.

  • July 19, 2019

    Ex-Merck Workers Get Green Light For $6.2M Sex Bias Deal

    A New Jersey federal judge signed off Friday on a $6.2 million settlement in a proposed class action against Merck & Co. Inc. over gender discrimination claims from female former sales representatives, saying the agreement is set to benefit roughly 3,000 class members.

  • July 19, 2019

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen the owner of a Manchester skyscraper that needed repair sue several underwriters at Lloyd's, a prominent cryptocurrency trader drag a U.K. digital currency exchange into court and an executive for Honeywell sue HSBC Bank PLC. Here, Law360 looks at those and other new claims in the U.K.

  • July 18, 2019

    Judge Lambastes Both Sides In JetBlue Discrimination Case

    A Florida federal judge denied a former JetBlue worker's request to pry additional information from the airline for her discrimination suit Thursday, but had harsh words for both sides, questioning the employee's diligence and the airline's sincerity in its objections.

  • July 18, 2019

    NJ Panel Nixes Ex-Prison Worker's $7.5M Jury Win

    A New Jersey state appeals court has axed a jury award that handed a former prison worker over $7.5 million as part of her whistleblower suit, kicking the case back to the lower court for a redo in front of a different judge.

  • July 18, 2019

    Trump To Nominate Gibson Dunn's Scalia For Labor Secretary

    President Donald Trump said Thursday he plans to tap Gibson Dunn & Crutcher LLP partner Eugene Scalia to be secretary of the U.S. Department of Labor, replacing the outgoing Labor chief Alexander Acosta.

  • July 18, 2019

    DOL Contract Watchdog Gets $6.6M Bias Win Over Enterprise

    A U.S. Department of Labor judge ordered Enterprise Rent-a-Car's Baltimore unit to pay $6.6 million to a class of black applicants he found were unfairly denied jobs based on their race, and blocked the car rental service from getting government contracts until it cleans up its act.

  • July 18, 2019

    Workplace Safety Commission Member Elevated To Chair

    President Donald Trump on Thursday tapped Occupational Safety and Health Review Commission commissioner and former Cozen O'Connor attorney James Sullivan Jr. to chair the agency, which resolves workplace safety disputes between employers and the U.S. Department of Labor.

  • July 18, 2019

    BNSF Not Liable For Worker's Fatal Crash, 7th Circ. Says

    BNSF Railway Co. was right to defeat a lawsuit that claimed it was liable for its employee's fatal snowstorm car crash because there is no way the railroad company could have been found negligent in the case, the Seventh Circuit has ruled.

  • July 18, 2019

    AIG Awarded Atty Fees After Harassment Suit Coverage Row

    A Florida federal judge ruled Wednesday that AIG unit National Union is entitled to collect attorney fees after fending off a medical services company's coverage claims stemming from a pair of harassment complaints, saying it would take “impermissible nitpicking” to conclude otherwise.

Expert Analysis

  • 2 High Court Admiralty Cases Diverge On Common Law's Role

    Author Photo

    Although the U.S. Supreme Court's recent admiralty ruling in Air & Liquid Systems v. DeVries indicates success in expanding the availability of common law protections to mariners, its decision in Dutra Group v. Batterton — decided just months later — counsels that new classes of remedies will now be harder to obtain under the common law, says Brian Maloney of Seward & Kissel.

  • Fed. Circ. Limits Gov't Contractors' Litigation Cost Claims

    Author Photo

    The Federal Circuit's July 16 decision in Bechtel National v. United States upholds the precedent set in Geren v. Tecom, making it harder for contractors to argue government agencies indicated their willingness to reimburse them for third-party litigation expenses through contract terms, say attorneys at Arnold & Porter.

  • The Potential Effects Of Calif. Contractor Reclassification Bill

    Author Photo

    If enacted, California’s Assembly Bill 5 would codify the so-called ABC test for independent contractors established in the California Supreme Court's Dynamex decision. Notably, the bill goes beyond the scope of Dynamex and could have an extraordinary impact on the state's economy, say attorneys at Littler.

  • Remembering Justice Stevens As A Law Firm Leader

    Author Photo

    Rothschild Barry's John Coffey, who joined Justice John Paul Stevens' law firm in 1965, shares what it was like to watch Justice Stevens practice law, mentor younger lawyers and land a malfunctioning plane.

  • A Guide To Prepping For Dallas Paid Sick Leave Requirements

    Author Photo

    Dallas' paid sick leave law — set to take effect in August — leaves many employer questions unanswered. But with the compliance deadline approaching quickly, employers shouldn't wait for the city to sort out details, say Felix Digilov and Amy Strauss at Fisher Phillips.

  • 5 Noteworthy Changes To Conn. Sexual Harassment Laws

    Author Photo

    Recent revisions to Connecticut's sexual harassment laws are significant, but some provisions are unclear and raise questions about the scope of employers’ obligations, say attorneys at Littler.

  • Answers To Key Legal Finance Ethics Questions

    Author Photo

    While there is discussion in some quarters about new regulations on commercial legal finance, the hands-off approach taken by the majority of courts and legislatures is an implicit recognition that it is already sufficiently regulated, says Danielle Cutrona of Burford Capital.

  • NY Laws May Prompt Uptick In Pay Equity Claims

    Author Photo

    New York recently signed into law a statewide prohibition on salary history inquiries and amended its equal pay law. Attorneys at Morgan Lewis explain the laws’ key provisions and discuss the important takeaways for employers.

  • Federal Agencies Need A Uniform Record-Keeping Process

    Author Photo

    The administrative record is very important to federal agency litigation — as showcased in last month's U.S. Supreme Court decision concerning the addition of a citizenship question to the 2020 census — yet there is no set of consistent principles to guide agencies in compiling these official records, say attorneys at WilmerHale.

  • New HRA Regulations Are Welcome, But Watch For Pitfalls

    Author Photo

    New regulations have expanded the use of health reimbursement accounts by allowing reimbursements for individual market insurance premiums. These new accounts bring potential for missteps under the Employee Retirement Income Security Act and the Affordable Care Act, say attorneys at Proskauer.

  • Verifying Confidence Intervals In The Wage-And-Hour Context

    Author Photo

    Using the example of a random sample of wage-and-hour class members, Brian Kriegler at Econ One Research explains how to overcome data challenges that seemingly impede the calculation of reliable confidence intervals for identifying data characteristics of a defined population.

  • Defense Of Copyright Claims: Don’t Let Your Proof Go Poof

    Author Photo

    The recent proliferation of communications platforms in which content literally disappears after a short period of time has increased the risk of companies losing out on important evidence that would be crucial in copyright litigation, says Evynne Grover of QBE North America.

  • The Role Of Dictionaries In Last Term's High Court Decisions

    Author Photo

    Since 32 of the 67 decisions issued by the U.S. Supreme Court during its October term cite dictionaries, it’s worth reviewing the opinions to learn which dictionaries the justices consulted and how they used them, say Bruce Wessel and Brian Weissenberg of Irell & Manella.

  • How To Evaluate The Rise In Legal Employment

    Author Photo

    Although the rate of employment for law school graduates — which had been falling steadily — saw a small increase over the last year, other factors, such as fewer graduates overall and potential future job growth stagnation, temper the good news for those pursuing law degrees, say Tiffane Cochran and Tyler Grimm of AccessLex Institute.

  • A New Direction For Commission-Only Compensation In Mass.

    Author Photo

    The Massachusetts Supreme Judicial Court's recent decision in Sullivan v. Sleepy’s changes the way employers can implement commission-only compensation plans and may signal the start of open season for overtime claims by certain commission-based employees, says Emily Crowley at Davis Malm.