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Employment

  • March 21, 2019

    Ex-Intel Engineer In Trade Secrets Case Must Give Up Docs

    An engineer accused of stealing "revolutionary" secrets from Intel Cop. before jumping ship for rival computer chipmaker Micron Technology Inc. must return any confidential documents he took from the company, a California federal judge said Wednesday.

  • March 21, 2019

    Whistleblower Doctor Trio Nabs $35M In FCA Kickback Sequel

    Three whistleblower doctors have helped secure a $35 million False Claims Act deal with a Maryland hospital chain accused of paying for patient referrals, the U.S. Department of Justice said Thursday, marking a sequel to an earlier kickback settlement sparked by the same trio.

  • March 21, 2019

    Ill. Supreme Court Tosses Union's $2M Real Estate Bill

    An Illinois Teamsters union local should not be liable for the outstanding balance on a property it leased for office space because the union didn’t follow statutory procedure to execute the agreement in the first place, the state’s highest court ruled Thursday.

  • March 21, 2019

    DC Circ. Prods UPS Unit On Grievance Against Union Vote

    A D.C. Circuit panel on Thursday scrutinized a UPS subsidiary's claim that the National Labor Relations Board rushed a unionization vote for a few dozen of the delivery company's Pennsylvania-based truck drivers without giving the company a chance to make its case against the drive.

  • March 21, 2019

    NJ Housing Official Says Accused Rapist Defamed Her

    A New Jersey housing official who alleged she was raped by a campaign staffer who later got a lucrative job in Gov. Phil Murphy’s administration said Wednesday his denial of her sexual assault claim to prosecutors, lawmakers and the media amounts to defamation.

  • March 21, 2019

    Don Imus’ Ex-Sportscaster Loses Ageism Suit On Appeal

    A New York appellate panel has rejected a sportscaster’s age discrimination claims against his former boss Don Imus, finding they don't jibe with state human rights laws because the ex-employee was working in Florida when he was fired.

  • March 21, 2019

    Full 11th Circ. Clarifies Worker Comparison Test For Bias Suits

    Workers without direct proof for their job discrimination claims don’t have a case unless they’re similar in every relevant way to the colleagues they say received better treatment, a majority of the full Eleventh Circuit said Thursday in a lengthy ruling rejecting a fired Georgia cop’s race and sex bias claims.

  • March 21, 2019

    9th Circ. Backs Anheuser-Busch In Suit Over Stolen Recipes

    A former Anheuser-Busch employee cannot escape the brewer’s trade secret suit accusing him of stealing beer recipes and passing them on to class action attorneys looking to sue the company over allegedly watered-down beer, the Ninth Circuit ruled Wednesday.

  • March 21, 2019

    CH Robinson's Arbitration Pacts Stall OT Class Outreach

    An Illinois federal judge has tentatively blocked a C.H. Robinson worker from notifying colleagues who signed arbitration agreements of her proposed overtime misclassification collective action, citing a recent Fifth Circuit ruling that such workers typically can’t join group litigation.

  • March 21, 2019

    JetBlue Made Worker Expose Breasts For Drug Test, Says Suit

    A former JetBlue Airways employee claims she was wrongly detained and forced to expose her breasts while giving a urine sample for a drug test after a work accident in a lawsuit the airline removed Thursday to federal court in Florida.

  • March 21, 2019

    Ex-Oracle Worker Can Arbitrate Pay Dispute, 9th Circ. Says

    A former worker who hit Oracle Inc. with a putative class action over sales commission pay can send the dispute to arbitration, a Ninth Circuit panel said Thursday, noting that the case put the tech titan in the atypical position of fighting against arbitrating employment matters.

  • March 21, 2019

    Tesla, Contractor To Face Trafficking Claim In Visa Fraud Suit

    A California federal judge on Wednesday dumped most of an amended suit alleging Tesla and its contractor committed visa fraud to illegally import low-cost foreign labor, but allowed one of the plaintiffs' human trafficking claims to survive.

  • March 21, 2019

    Tesla Says Ex-Worker Wrote 'You Sly Dog' As He Stole Info

    Tesla has accused four former employees of stealing company trade secrets and taking them to a competitor, telling a California federal court that one even emailed himself confidential information with the note, "you sly dog you."

  • March 21, 2019

    Rejected J&J Job Seeker Must Arbitrate Claim, 3rd Circ. Told

    A Johnson & Johnson unit on Thursday urged the Third Circuit to toss a would-be employee's proposed class claims that he was unfairly denied a job due to an erroneous criminal background check, arguing that his agreement to arbitrate claims with a temporary employment staffing agency extended to the pharmaceutical company.

  • March 21, 2019

    DOL Officially Publishes OT Rule, Triggering Comment Period

    Although its proposed overtime rule was unveiled two weeks ago, the U.S. Department of Labor on Thursday officially set it for publication in Friday's Federal Register, which will start the 60-day clock for public comments that is likely to yield hundreds of thousands of responses.

  • March 21, 2019

    Philly Union Boss Slams Feds For 'Criminalizing' Politics

    A powerful Philadelphia union boss on Thursday accused federal prosecutors of engaging in a "feeble attempt at criminalizing the legislative process" in an indictment accusing him of bribing a member of the city council.

  • March 21, 2019

    'New Consol' Disputes Role In 1st Female Leader's Pay, Firing

    The Consol Energy Inc. that made Katharine Fredriksen the first female president of its coal operations was a different company from the one that fired her, so the "new Consol" shouldn't be liable for any of her gender discrimination claims prior to its formal creation, an attorney for the company said in Pennsylvania federal court Thursday.

  • March 20, 2019

    Microsoft Women Say Dukes Misapplied To Sex-Bias Claims

    Two female Microsoft workers claiming the tech giant discriminated against them based on their sex told the Ninth Circuit this week a Washington federal court incorrectly applied the U.S. Supreme Court's decision in Wal-Mart v. Dukes when it nixed their bid for class certification last year.

  • March 20, 2019

    Ex-Partner Appeals To Pa. Panel For Carlson Lynch Database

    An expelled partner from Pittsburgh-based Carlson Lynch LLP asked the Superior Court of Pennsylvania on Wednesday to lift a temporary stay preventing him from accessing the firm’s database of investigative material.

  • March 20, 2019

    Gov't Says Continued Block Of DOD 'Trans Ban' Is Wrong

    A day after a D.C. federal court told the government it can't yet implement its contentious military transgender policy, the Trump administration on Wednesday asked it to pause its preliminary injunction, arguing that the U.S. Supreme Court has already stayed two "materially indistinguishable" injunctions.

Expert Analysis

  • Courts May Be Shifting Outlook On Gender Bias Claims

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    The Fourth Circuit’s recent opinion in Parker v. Reema Consulting Services demonstrates how even an office rumor can give rise to Title VII liability, and may be indicative of a judiciary moving toward a more sympathetic approach to women's workplace discrimination claims, says Kathryn Barcroft of Solomon Law Firm PLLC.

  • Lenders Score Major High Court Victory In Foreclosure Case

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    The U.S. Supreme Court's unanimous ruling on Wednesday in Obduskey v. McCarthy & Holthus LLP removes nearly all activities taken by creditors seeking nonjudicial foreclosure of liens and mortgages from the ambit of the Fair Debt Collection Practices Act, says John Baxter of Nelson Mullins Riley & Scarborough LLP.

  • Tech Trends From SXSW Pose Unique Questions For Lawyers

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    These days, a popular theme in media is that lawyers' jobs will be taken by robots. However, based on the tech issues discussed at the South by Southwest technology conference in Austin, Texas, last month, robots may in fact need lawyers, says Nick Abrahams of Norton Rose Fulbright.

  • Opposite Rulings Refine Scope Of Texas Sovereign Immunity

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    Last week, the Texas Supreme Court reached opposite conclusions in two sovereign immunity cases, reflecting the excruciating parsing of statutory text required to determine whether a claim against a local government is barred or is encompassed by a statutory waiver of immunity, says Lyndon Bittle at Carrington Coleman Sloman & Blumenthal LLP.

  • An Employment Lawyer's Guide To M&A Due Diligence

    Excerpt from Lexis Practice Advisor
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    In the context of corporate mergers and acquisitions, there are several employment-related elements to consider. Attorneys with Proskauer Rose LLP share guidance on discovering, managing and preventing potential liabilities resulting from a target company’s labor and employment practices.

  • Liability For CEO Misconduct Expands After #MeToo

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    The Nevada Gaming Commission's recent $20 million fine against Wynn Resorts for failing to act after reports of its former CEO's alleged sexual misconduct demonstrates how #MeToo has altered the classic economic assessment for harassment claims, says Dove Burns of Obermayer Rebmann Maxwell & Hippel LLP.

  • In Bar Admissions Process, It's Candor Or Bust

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    You passed the bar exam and are ready for the character and fitness committee interview. Time to think about how to discuss that minor incident in college, that misdemeanor in high school or that mental health issue that you have totally under control, says Richard Maltz of Frankfurt Kurnit Klein & Selz PC.

  • Opinion

    Student Loan Repayment Relief Is Sound Fiscal Policy

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    Legislation currently making its way through Congress, expanding the tax exclusion for employer-provided educational assistance to include student loan payments, would assist millions of Americans with the cost of higher education and benefit the economy as a whole, says David Mark at LendKey Technologies Inc.

  • Trump's NDA Use Raises 1st Amendment Questions

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    With respect to the First Amendment, the reported terms of President Donald Trump's nondisclosure agreements for White House staff do not conform with legal precedent because they extend past employees’ service and do not narrowly target classified or confidential information, says Leonard Samuels of Berger Singerman LLP.

  • Series

    Judging A Book: Bashant Reviews 'Doing Justice'

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    My initial reaction to "Doing Justice" was that author Preet Bharara may have bitten off more than he could chew — an accusation leveled against him when he served as U.S. attorney for the Southern District of New York — but I found the book full of helpful gems, says U.S. District Judge Cynthia Bashant of the Southern District of California.