Employment

  • May 13, 2021

    3rd Circ. Questions Efforts In Ex-Janitor's FMLA Suit

    The Third Circuit on Thursday questioned if either Drexel University or a fired janitor put forth enough effort to ensure the ex-employee provided the required paperwork for Family Medical Leave Act-protected absences, as the onetime maintenance worker sought to revive her lawsuit claiming she was fired despite her legal entitlement to time off.

  • May 12, 2021

    Jenner & Block Partner Appointed To Monitor UAW Deal

    A Michigan federal judge on Wednesday granted the government's unopposed motion to appoint Jenner & Block LLP partner Neil Barofsky as an independent monitor to help carry out a consent decree that ended a sprawling probe into the United Auto Workers union.

  • May 12, 2021

    AT&T Beats Call Center Worker's 'Identical' Overtime Suit

    A Texas federal judge on Tuesday tossed a former call center employee's suit alleging that AT&T Services Inc. violated federal labor law when it didn't pay him for overtime, saying the claim is "virtually identical" to the employee's previous suit.

  • May 12, 2021

    Medical Device Co. Sues Over Ex-Worker's Move To Medtronic

    Medical device company Flowonix Medical Inc. has accused a former sales employee of breaking a noncompete and nonsolicitation agreement when he made the move to competitor Medtronic.

  • May 12, 2021

    Private Eyes Want $1.2M Deal OK'd In OT Wages Suit

    Private investigators asked a New York federal magistrate judge to give his initial nod Wednesday to a $1.2 million settlement ending a proposed class action accusing the private investigation firm CoventBridge of stiffing them on overtime wages and travel time pay.

  • May 12, 2021

    NJ Justices Pump Brakes On County Worker's Retaliation Trial

    A split New Jersey Supreme Court ruled Wednesday that a lower court must reevaluate an ex-Cape May County worker's state law whistleblower claim relating to the county's handling of Capehart & Scatchard PA's bid for a public contract, toppling an intermediate appeals court's order that would have sent the case directly to trial.

  • May 12, 2021

    MLS Says Player Must Return From Saudi Arabia Under CBA

    Major League Soccer filed a petition Wednesday asking a Manhattan federal judge to enforce its arbitration win against a former New York Red Bulls player whom it accused of abandoning his union-negotiated contract to play in Saudi Arabia's league.

  • May 12, 2021

    Wawa Gets Employee Pay Claims Trimmed In Data Breach Suit

    Convenience store chain Wawa Inc. can't duck employees' claims that their payment and personal information were stolen in a data breach, but claims the company also shorted them on overtime and made them work off-the-clock were tossed by a Pennsylvania federal judge Wednesday.

  • May 12, 2021

    Calif. Court Mostly Denies Bid For Tesla Plant Worker Data

    A Tesla contractor has mostly escaped whistleblowers' demands for visa records identifying allegedly trafficked migrant workers, after a California federal judge ruled that the company wasn't required to turn over everything in its possession under a settlement agreement.

  • May 12, 2021

    Geico Accused Of Pressuring Workers Out Of Claiming OT

    Insurance giant Geico was hit with a proposed collective and class action in Pennsylvania federal court Wednesday by a longtime employee who claims she and other regional claims adjusters are routinely overworked and underpaid.

  • May 12, 2021

    House Committee Approves Tax Haven Disclosure Bill

    The House Financial Services Committee approved legislation Wednesday that would require multinationals to publicly disclose country-by-country financial reporting, which its proponents say would document corporate abuse of tax havens.

  • May 12, 2021

    Tenn. Titans Accused Of Sacking Worker On COVID Leave

    The Tennessee Titans were hit with a lawsuit on Wednesday alleging that the NFL team ran afoul of the Families First Coronavirus Response Act and other federal labor laws by firing a field maintenance employee who took time off after contracting COVID-19.

  • May 12, 2021

    CBS Sports Settles Ex-Employee's Retaliatory Firing Suit

    CBS Corp. has reached a settlement to end a Black female former sports producer's lawsuit alleging she was fired in retaliation for filing a discrimination complaint with the U.S. Equal Employment Opportunity Commission, according to Tuesday filings in New York federal court.

  • May 12, 2021

    Biden Launches Labor Trade Case Against Mexican GM Plant

    The Biden administration brought a new labor case under the U.S. trade deal with Mexico on Wednesday, calling on the Mexican government to investigate "irregularities" in a recent union vote at a General Motors Co. facility in the northern city of Silao.

  • May 11, 2021

    DC NFL Team Backs Ex-GC's Secrecy Bid In Wilkinson Suit

    The Washington Football Team backed its former general counsel's bid to seal arguments made in Virginia federal court litigation over a sexual harassment probe into the team, noting that, as a nonparty, the team never had a chance to consider some key documents in question.

  • May 11, 2021

    Full 5th Circ. Says Oil Rig Welder Not A Seaman

    The full Fifth Circuit declared Tuesday that a welder alleging he was injured while working on a drilling rig can't sue under the Jones Act, walking back an earlier circuit ruling in which a panel said it was precedent-bound to determine that the man qualified as a seaman.

  • May 11, 2021

    Ex-UAW Prez Williams Gets 21 Months In Embezzlement Case

    Former United Auto Workers President Dennis Williams was sentenced to 21 months in prison Tuesday for accepting luxurious gifts paid for with union funds, part of a sprawling embezzlement scheme that led to more than a dozen convictions.

  • May 11, 2021

    Wife Cannot Sue Spouse's Co. Over Her COVID-19 Infection

    A California federal judge dismissed an amended suit brought by a spouse looking to hold her husband's employer responsible for her COVID-19 infection, finding that the state's workers' compensation law bars her argument and further noting that the employer's duty to provide a safe work environment does not extend to non-employees.

  • May 11, 2021

    Ex-NFLer Injured 3 Mos. Into Career Sues Over Benefits Denial

    A former Kansas City Chiefs player sued the National Football League's player benefits plan in Georgia federal court Monday, alleging that he's wrongly been denied disability coverage for a 2014 injury suffered during his three-month stint in the league.

  • May 11, 2021

    Hindu Org. Accused Of 'Shocking' Labor Abuses At NJ Temple

    A Hindu organization was hit with a lawsuit on Tuesday by Indian nationals who claim that religious leaders forced them into manual labor at a New Jersey temple, resulting in one death and rendering the rest captive under threats of violence.

  • May 11, 2021

    Unions, Pa. AG Tell High Court To Reject Review Of Fees Suit

    Several unions and the Pennsylvania Attorney General's Office have urged the U.S. Supreme Court to reject a case seeking retroactive repayment of "fair share fees" collected before the justices struck down such fees in 2018, arguing that the unions had been following state law and the legal precedent at the time.

  • May 11, 2021

    Ga. Judge Declines To Recuse Himself From Trump Ally Suit

    A Georgia federal judge rejected attorney L. Lin Wood's request that he recuse himself from Woods' suit against Georgia officials over their request for him to undergo a mental evaluation, ruling Monday that he isn't biased after presiding over other suits Wood filed last year.

  • May 11, 2021

    Pepsi Must Cover Med Pot Costs After NJ High Court Ruling

    A New Jersey state appeals court on Tuesday said Pepsi Bottling Group must reimburse a onetime employee for his medical cannabis costs in light of a recent state Supreme Court decision that employers can be compelled to cover those expenses despite the federal marijuana prohibition under the Controlled Substances Act.

  • May 11, 2021

    Greenspoon Marder Adds Former Miami Mayor As Of Counsel

    Greenspoon Marder LLP on Monday announced the hiring of Xavier L. Suarez, a former Miami mayor and ex-Miami-Dade County commissioner, as of counsel out of its Miami office.

  • May 10, 2021

    Former XFL Commish Can't Rush Witness Bid In Firing Suit

    A Connecticut federal judge on Monday denied a request from a former XFL commissioner to speed up consideration of his bid to expand pretrial questioning in his termination suit, a bid league founder Vince McMahon has said is part of a "pattern of abusive and harassing discovery tactics and gamesmanship."

Expert Analysis

  • Uniformity Goal Eludes Defend Trade Secrets Act, 5 Years On

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    Five years after the enactment of the Defend Trade Secrets Act, work remains to be done on achieving uniformity across jurisdictions, because state law differences being imported into the DTSA are creating the same patchwork of law the act was intended to rectify, say attorneys at MoFo.

  • Judge's Rebuke Of Mass. AG Has Lessons For All Attorneys

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    A Massachusetts federal judge’s recent rebuke of the state Attorney General’s Office for refusing to respond to discovery requests in Alliance for Automotive Innovation v. Healey highlights six important considerations for attorneys who want to avoid the dreaded benchslap, say Alison Eggers and Dallin Wilson at Seyfarth.  

  • How 5-Year-Old Defend Trade Secrets Act Has Met Its Goals

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    Case law and data reveal that, five years after its enactment, the Defend Trade Secrets Act has opened up federal courts to litigants and has proven effective against extraterritorial misappropriation, while concerns about inconsistency and overuse of ex parte seizures have not borne out, say attorneys at Crowell & Moring.

  • Opinion

    Federal Minimum Wage Should Be Indexed For Local Markets

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    The Biden administration should implement an indexed minimum wage based on the average wages in each local labor market instead of mandating a $15 federal minimum wage in all metro areas, which could grossly distort service sector compensation and discourage bidding on federal contracts, says Stephen Bronars at Edgeworth Economics.

  • Font Considerations To Give Your Legal Briefs An Edge

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    Following the D.C. Circuit’s recent notice discouraging use of the font Garamond in legal briefs, Jason Steed at Kilpatrick looks at typeface requirements and preferences in appellate courts across the country, and how practitioners can score a few extra brief-writing points with typography.

  • Discerning Need For 2nd COVID Workers' Comp Claim In Calif.

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    Diana Tsudik at Gilson Daub explains how California employers can determine whether an employee’s second round of industrial COVID-19 leave requires a new workers' compensation claim form, and how a secondary filing could unnecessarily expose the company to double liability for one injury.

  • Tips For Navigating The Visa Processing Backlog

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    The pandemic has caused U.S. embassies and consulates to fall far behind in visa processing, but new information from the U.S. Department of State can help practitioners determine where a client is in line and whether it's time to use other tools to reduce wait time, says Dominique Pando Bucci at Kurzban Kurzban.

  • Make Profitability Management Part Of Your Law Firm Culture

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    As the legal industry continues to change in the post-pandemic world, law firms should adapt to client demands by constantly measuring and managing the profitability of their services, says Joseph Altonji at LawVision.

  • Series

    Winner's Playbook: Behind The Scenes Of Lamps Plus

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    The U.S. Supreme Court issued a major decision on class arbitration in Lamps Plus v. Varela two years ago. Now, attorneys at Lewis Brisbois and Mayer Brown explain how their work for Lamps Plus developed the law on interpreting arbitration agreements that exclude language expressly addressing class arbitration.

  • The Biden Administration Is Sharpening The TSCA's Sword

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    The Trump administration implemented the 2016 amendments to the Toxic Substances Control Act in a way that critics felt benefited chemical companies, but the Biden administration can be expected to use the amendments to broaden risk reviews and impose new requirements on the regulated community, say attorneys at Kilpatrick.

  • 4 Trends In Discoverability Of Litigation Funding Documents

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    Recent rulings shed light on how courts and international arbitration tribunals decide if litigation funding materials are discoverable and reaffirm best practices that attorneys should follow when communicating with funders, say Justin Maleson at Longford Capital and Michele Slachetka and Christian Plummer at Jenner & Block.

  • Bio-Rad Ruling Highlights IP Assignment Clause Limits

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    The Federal Circuit's recent holding in Bio-Rad v. International Trade Commission, that an assignment clause wasn’t enough to claim patent ownership where the conception date followed former inventors’ employment, shows companies and workers the importance of specificity in drafting contractual limitations, say Bryan Vogel and Derrick Carman at Robins Kaplan.

  • Cannabis Legalization's Effects On Insurance Industry

    Excerpt from Practical Guidance
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    Resolution of the legal uncertainty presented by the dueling federal and state approaches to cannabis will pave the way for legal cannabis businesses to access the insurance protections the industry needs for everything from workers' compensation to auto insurance to general liability, says Christy Thiems at the American Property Casualty Insurance Association.

  • 7 Lessons For Young Lawyers Starting Their Careers

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    This year's law graduates and other young attorneys must recognize that the practice of law tests and rewards different skills and characteristics than law school, and that what makes a lawyer valuable changes over time, says Vernon Winters, retired partner at Sidley.

  • Opinion

    Justices Should Clarify Securities Fraud Loss Causation

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    At its May conference, the U.S. Supreme Court should agree to review BofI Securities Litigation, to clear up a circuit split on how to assess loss causation in securities fraud cases, as shareholder class actions increasingly focus on external events that led to a stock drop, says Lyle Roberts at Shearman & Sterling.

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