Employment

  • July 30, 2021

    Munger Tolles Helped CEO Prep To Testify In Criminal Trial

    Applied Material Inc.'s current CEO testified during a criminal trial Friday that Munger Tolles & Olson LLP partners, who represent Applied in civil trade secret theft litigation that precedes the criminal case, helped him prepare to testify in the government's criminal case against four former Applied employees.

  • July 30, 2021

    Employment Authority: Vaccine Policies & NLRB Policy Shift

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with stories on how vaccine mandates for federal, state and local government employees will spur more private companies to implement similar policies, as well as the issues surrounding mandatory vaccinations in unionized workplaces. We also take a look at changes to state wage and hour laws that may crop up and the impending policy shift at the NLRB after two new members were confirmed.

  • July 30, 2021

    House Dems Revive Push To Ban Workplace Arbitration

    House Democrats have reintroduced the Restoring Justice For Workers Act, which would ban mandatory arbitration clauses that prevent workers from bringing employment bias, pay and other claims in court.

  • July 30, 2021

    Feds Join Medicare Advantage FCA Suits Against Health Giant

    The federal government said on Friday that it has officially joined in on a half-dozen lawsuits claiming various Kaiser Permanente entities defrauded Medicare Advantage by exaggerating patient illnesses.

  • July 30, 2021

    NCAA To Mull Major Reforms With 'Constitutional Convention'

    The NCAA said Friday it will consider major structural changes to its governance of college sports through a "constitutional convention" after the organization suffered a major defeat at the U.S. Supreme Court earlier this year and has been pushed to allow athletes to be paid for their names, images and likenesses.

  • July 30, 2021

    Gov't Reaches Deal To End Trump-Era Trans Military Ban

    The Biden administration and transgender military members and advocacy groups told a federal court in Washington state that they've reached a settlement deal to end a lawsuit over a contentious Trump-era policy barring transgender people from joining or serving openly in the military.

  • July 30, 2021

    Lowe's Must Face NJ Suit Over Worker-Customer Skirmish

    A New Jersey state appeals court on Friday revived claims against Lowe's over a physical altercation between a sales associate and a customer, finding that a trial judge should have let jurors decide whether the employee's lack of training led to the incident.

  • July 30, 2021

    5th Circ. Judge Assails Disparate Impact In Race Bias Case

    A Trump-appointed Fifth Circuit judge took aim at the idea that "neutral policies" with a disproportionate negative impact on minorities violate federal discrimination law, likening the notion to critical race theory and arguing both can engender racial bias.

  • July 30, 2021

    Wawa, Consumers Get Nod For $12M Data Breach Deal

    A Pennsylvania federal judge on Friday gave her preliminary nod to a $12 million gift-card-and-cash settlement for customers of the Wawa convenience store chain in a lawsuit over a March 2019 data breach, over objections raised by employees who also sued.

  • July 30, 2021

    EEOC, US Men's Team Back Women's Soccer Pay Bias Appeal

    The U.S. Equal Employment Opportunity Commission and the union representing U.S. Men's National Team soccer players urged the Ninth Circuit on Friday to overturn a ruling that axed a high-profile equal pay lawsuit from members of the U.S. Women's National Team.

  • July 30, 2021

    5th Circ. Nixes Suit Against Railway Co. Over Severed Fingers

    The Fifth Circuit has thrown out claims by a railroad worker against Norfolk Southern Railway Co. over an accident in which he lost three fingers while working at a Norfolk facility, saying he hasn't shown that the company was his employer.

  • July 30, 2021

    Judge Willing To Vacate Soccer Teen's Ruling Per Settlement

    An Oregon federal judge said Thursday she would vacate orders that cleared the way for teenage soccer phenom Olivia Moultrie to go pro if it resolves the 15-year-old's antitrust claims against the National Women's Soccer League, but that she needs an assist from the Ninth Circuit to do so.

  • July 30, 2021

    Mass. Dealerships Say Volvo Shorts Them On Service Pay

    A pair of Massachusetts Volvo dealers Thursday accused the Swedish automaker of underpaying them for maintenance they perform under prepaid service plans in violation of a Bay State law designed to level the playing field between dealerships and powerful manufacturers.

  • July 29, 2021

    Lawmakers Unveil Overhaul Of Judiciary Workplace Rights

    A bipartisan group of U.S. lawmakers on Thursday introduced a new comprehensive proposal to provide the 30,000 federal judiciary workers with the same rights and protections against discrimination, sexual harassment and other misconduct afforded to other government workers and those in the private sector.

  • July 29, 2021

    Biden Says Federal Workers Must Get Vaccinated Or Mask Up

    President Joe Biden on Thursday unveiled additional measures to encourage more Americans to get vaccinated, including directing millions of federal employees to get fully vaccinated against COVID-19 or wear a mask on the job and comply with regular testing.

  • July 29, 2021

    Insurer Says Ill. Produce Store's Policy Blocks BIPA Coverage

    Philadelphia Indemnity Insurance Co. filed suit Thursday asking a federal judge to declare it has no duty to defend two Illinois produce markets against underlying claims that their time-tracking practices violated a former employee's biometric privacy rights.

  • July 29, 2021

    Ill. Justices Sink Energy Co.'s Suit Over Ex-Execs' Departure

    The Illinois Supreme Court ruled Thursday that a lower court wrongly revived an energy company's claim that two of its former business developers usurped a corporate opportunity for a power plant project because the project ultimately failed.

  • July 29, 2021

    Purdue Pharma Gets OK For $22M Worker Bonus Program

    A New York bankruptcy judge Thursday gave Purdue Pharma the go-ahead to pay up to $22.1 million in retention bonuses to midlevel workers, rejecting calls to delay the decision until after next month's Chapter 11 plan confirmation hearing.

  • July 29, 2021

    Ex-MSC Cruises Crewman Fights Arbitration In Injury Suit

    A former crewman on an MSC Cruises vessel who claims the ship's doctor ignored his kidney condition has told a Florida federal judge that he shouldn't have to go to arbitration, saying conflicting dispute-resolution clauses in his employment and collective bargaining agreements cancel each other out.

  • July 29, 2021

    Full 9th Circ. Won't Hear Challenge To Wash. Sick Leave Law

    The Ninth Circuit on Thursday declined to reconsider a ruling allowing Washington state to enforce its sick leave law against airlines, rejecting an air industry lobbying group's last-ditch effort to get the court to find that federal law trumped the state statute.

  • July 29, 2021

    Fired IRS Worker's Arbitration Bid Untimely, Fed. Circ. Says

    A former Internal Revenue Service customer service representative cannot challenge her termination, given with a day's notice, after a split Federal Circuit said Thursday that her attempt to arbitrate the agency's decision under her collective bargaining agreement was too late.

  • July 29, 2021

    Culture Amp Reaches $1.5B Valuation In Funding Round

    The employee experience platform Culture Amp, which applies data analytics and behavioral science to performance management, grabbed $100 million in its latest funding round, bringing its valuation to $1.5 billion, the company said Thursday.

  • July 29, 2021

    Sen. Urges Review Of Nassar's Prison Account Spending

    U.S. Sen. Roger Wicker of Mississippi called Wednesday for the attorney general to review federal prison policies that allowed serial sex abuser Larry Nassar, the former USA Gymnastics doctor, to spend thousands of dollars on himself while failing to pay restitution to victims, calling it an "egregious miscarriage of justice."

  • July 29, 2021

    Pa. Justices Take Up Case Over Workers' Comp Claim Limits

    The Supreme Court of Pennsylvania agreed to take a rare interlocutory appeal to decide if a former auto shop worker's claims for toxic benzene exposure were barred under the state's workers' compensation law, or if his potentially long-simmering disease could've started early enough to trigger an exemption to that law.

  • July 29, 2021

    Scarlett Johansson Sues Disney Over 'Black Widow' Release

    "Black Widow" star Scarlett Johansson launched an offscreen battle against Marvel-parent Disney in California state court Thursday, saying its decision to immediately release the film on its streaming service rather than allow for an exclusive theatrical run violated their contract and slashed her earnings on the film.

Expert Analysis

  • Will You Be Ready If Your Class Action Goes To Trial?

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    Despite conventional wisdom, class actions sometimes do go to trial — as TransUnion v. Ramirez, decided last month by the U.S. Supreme Court, illustrates — so attorneys must prepare by studying past class action trials, focusing on how the courts and lawyers approached procedural and evidentiary questions, says Ross Weiner at Risk Settlements.

  • Key I-9 Compliance Steps To Prepare For Office Reopenings

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    Employers should take specific steps before offices reopen to ensure they can timely update employment eligibility verification documents completed remotely amid the pandemic and that their verification protocols can adapt to changing conditions, say Melissa Allchin and Matthew Gorman at Baker McKenzie.

  • Tide Is Turning Against FCA Case Dismissals

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    The U.S. Supreme Court’s recent decision not to resolve a circuit split over the proper standard for deciding government motions to dismiss whistleblower suits is a Pyrrhic victory for potential defendants, given bipartisan pressure in the Senate and from the White House to reign in such dismissals, say attorneys at McGuireWoods.

  • Law Firms, Know Who's Responsible For Your Cloud Security

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    Lawyers generally know that files go into the cloud and that the files are then secured and protected, but it's necessary for firms to take a closer look at their cloud supply chain and then come up with a responsibility matrix that helps mitigate any potential risks or weaknesses, says Martin Ward at iManage.

  • Benefits For Law Firms Venturing Into New Services

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    By offering more services, law firms can deepen and strengthen their client relationships and truly become an extension of their clients' teams while generating new revenue streams, and while there are risks associated with expanding into consulting, they may be worth it, says Lou Ramos at Major Lindsey.

  • How Anti-Corruption Push Affects US Cos. Operating Abroad

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    A recent Biden administration memo, and an anticipated increase in enforcement related to transnational fraud, money laundering and corruption, means that U.S. companies and financial institutions with operations abroad should take concrete steps to stave off U.S. Department of Justice scrutiny, says Andrey Spektor at Bryan Cave.

  • Green Investments Are Not Immune To ESG Scrutiny

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    As investment informed and motivated by environmental, social and governance considerations accelerates, companies and investors in the green technology sector must keep in mind that regulators, consumers and communities will not grant them free passes on the full range of ESG concerns, say Michael Murphy and Kyle Guest at Gibson Dunn.

  • Series

    Embracing ESG: Exelon GC Talks Diversity Initiatives

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    Executing a commitment to diversity, equity and inclusion programming, through recruitment, inclusive legal pipelines and community empowerment via pro bono efforts, can ensure a strong environmental, social and governance proposition, says Gayle Littleton at Exelon.

  • Rebuttal

    FCA Relator Pursuit Of DOJ's Declined Cases Is Vital

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    While a recent Law360 guest article suggests that the U.S. Department of Justice consider dismissing all False Claims Act cases it declines, that policy would undermine the FCA's broad remedial purpose of empowering private citizens to combat fraud against the government, say Jacklyn DeMar at Taxpayers Against Fraud Education Fund and Renée Brooker at Tycko & Zavareei.

  • Revamping Law Firm Marketing Lists — With Partner Buy-In

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    Jackson Lewis’ Paige Bowser shares lessons from the firm's recent overhaul of an outdated email marketing database, including tips for getting partners on board, ensuring compliance with privacy laws and augmenting outreach strategies.

  • Recent High Court Decisions Signify 1st Amendment Direction

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    The U.S. Supreme Court’s recently concluded term saw a flurry of First Amendment cases, providing lessons for how the court, with its 6-3 conservative split, may rule next term on issues of free speech, religious freedom, association rights and more, as questions regarding social media and technological advances loom, says Samuel Mitchell at Michael Best.

  • The Murky World Of Legal Rankings Gets Some Clarity In NJ

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    New Jersey's new, stringent approach to legal rankings will make accolade advertising more transparent, benefiting both attorneys and clients and offering legal marketers a new set of best practices amid evolving standards, say Penny Paul at Lowenstein Sandler and Susan Peters at Greybridge.

  • Series

    Embracing ESG: Cigna Counsel Talks Employee Wellness

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    Building employee well-being into corporate environmental, social and governance priorities required our legal team to focus more closely on cross-functional collaboration within the company and increased communication with our board of directors and shareholders, says Julia Brncic at Cigna.

  • Courts' Clashing Standards For Evidence At Class Cert.: Part 2

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    While federal circuits continue to split on whether to approach fact and expert evidence differently at class certification, and there is no sign of a U.S. Supreme Court ruling to resolve the issue, applying an admissibility standard to one and not the other appears illogical, say attorneys at McGuireWoods.

  • Hybrid Work Models Are Key To Gender Parity In Law Firms

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    To curb the historically high rates of attrition among female lawyers, Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks suggest firms must normalize hybrid work schedules, and they recommend best practices to promote engagement among all attorneys, regardless of where they work.

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