Employment

  • October 15, 2021

    3rd Circ. Nixes Injunction In Baking Co.'s Trade Secrets Suit​

    A Third Circuit panel considering Mallet & Co.'s trade secret suit against rival baking equipment maker Synova LLC reversed an order blocking Synova from making certain products and employing former Mallet workers, finding Friday that Mallet must identify the particular trade secrets Synova allegedly misappropriated and demonstrate that they're protected.

  • October 15, 2021

    Chicago Radio Host Says Station Defamed Her In $10M Suit

    A Chicago morning radio host for popular station The Mix launched a $10 million defamation suit against its operator, claiming the company publicly portrayed her as a liar to protect her former co-host — its most successful personality — from sexual harassment allegations it knew were true.

  • October 15, 2021

    Texas Justices To Review SandRidge Electric Shock Suit

    The Texas Supreme Court agreed Friday to consider whether a lower court was right to revive a contractor's lawsuit seeking to hold an energy production company responsible for injuries he incurred when he was shocked while working near a live wire on the company's property.

  • October 15, 2021

    Employment Authority: Wage Chief Delay & NLRB Complaints

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with a look at questions surrounding the confirmation delays for President Joe Biden's pick to head the Labor Department's Wage and Hour Division, how a recent NLRB complaint against a Los Angeles restaurant could be a sign of things to come in the agency's enforcement efforts, and how attorneys on both sides of the bar are criticizing a shift in confidentiality standards at the New York State Division of Human Rights.

  • October 15, 2021

    Hotel Union Wants NJ Sheraton To Pay For Pandemic Layoffs

    A New York hospitality union has urged a New Jersey federal court to confirm three arbitration awards directing a Sheraton hotel to pay for severance and health fund contributions due to employees who were laid off as a result of the COVID-19 pandemic.

  • October 15, 2021

    7th Circ. Affirms Remand Of BIPA Suit Against Illinois Grocer

    A Seventh Circuit panel said Friday that a federal judge was right to remand a biometric privacy lawsuit against an Illinois grocery chain to state court, citing a home-state exception in the Class Action Fairness Act and saying the chain waited too long to remove the case.

  • October 15, 2021

    Police Union Sues Over Allegheny County Vaccine Mandate

    Allegheny County's police union claimed the government can't threaten to fire officers who don't get a COVID-19 vaccine, and asked a Pennsylvania court to bar the county's employee vaccine mandate permanently.

  • October 15, 2021

    Imminent NFL Race-Norming Deal To Be Sealed, For Now

    The anticipated agreement on how to remove controversial use of race-based norms from the NFL concussion settlement is nearing finalization, but it will be kept under seal, at least for now, a Pennsylvania federal judge ruled Friday after a request from the league, concussion class counsel Chris Seeger of Seeger Weiss LLP and attorneys for two Black former players.

  • October 15, 2021

    Cargill Meatpackers Seek Pay For COVID Screening Time

    Employees at a Cargill Meat Solutions Corp. meatpacking plant claim they should have been paid for extra time they spent being checked for COVID-19 symptoms before each shift and during their lunch breaks, according to a proposed class action filed in Pennsylvania state court.

  • October 15, 2021

    DOL Plan Could Make ESG Retirement Investing Hip — Again

    A new U.S. Department of Labor proposal would rip down Trump-era barriers that discouraged ESG investing by employee retirement funds, but it may only be the latest volley in a fiery debate over whether such investments are economically relevant — and whether they benefit or harm investors.

  • October 15, 2021

    Atkinson Andelson Adds Public-Focused Employment Partner

    A labor and employment lawyer with litigation experience who specializes in representing public entities has joined California firm Atkinson Andelson Loya Ruud & Romo as a partner.

  • October 15, 2021

    Counsel Sanctioned In Newark Health Dept. Bias Suit

    An attorney representing a health inspector of Haitian descent in a national origin and retaliation bias suit against the Newark health department was ordered by a New Jersey federal judge on Thursday to reimburse the defendants for legal fees and costs incurred through the litigation.

  • October 15, 2021

    Jones Day Derides Paralegal's 'Excuses' On Serving Bias Suit

    A fired Jones Day paralegal's "feeble justifications" shouldn't win her a second chance to serve the international law firm with her discrimination and harassment suit, the firm told a Boston federal judge Friday.

  • October 15, 2021

    Jury Axes Sexual Harassment Claims Against MyPhillyLawyer

    A Pennsylvania federal jury cleared personal injury firm MyPhillyLawyer on Friday of allegations from a former paralegal that she was subjected to repeated sexual harassment from attorneys and other co-workers during her brief tenure with the firm three years ago.

  • October 15, 2021

    Goodwin Snags Another Litigator From Manatt In SoCal

    Goodwin Procter LLP nabbed another litigation partner from Manatt Phelps & Phillips LLP to join its Santa Monica office, continuing to bolster its West Coast litigation offerings.

  • October 14, 2021

    Texas Justices Block School District's Vax Mandate

    The Texas Supreme Court stayed the enforcement of San Antonio Independent School District's employee COVID-19 vaccine mandate, which was slated to go into effect Friday, deciding Thursday to maintain the status quo while an appellate court considers the state's challenge to the mandate.

  • October 14, 2021

    LA County Prosecutors Accuse Gascón Of 'Political Cronyism'

    The union representing Los Angeles County prosecutors has accused District Attorney George Gascón of "political cronyism" by appointing ineligible political supporters to certain protected positions in his office, asking a state court Thursday to grant an injunction while the prosecutors appeal the appointments.

  • October 14, 2021

    FBI's Ex-No. 2 McCabe Inks Deal Over 'Political' Firing

    Former FBI Deputy Director Andrew McCabe reached a settlement with the federal government of a suit alleging he was illegally fired for refusing to enact the political agenda of former President Donald Trump, telling a Washington, D.C., federal court on Thursday that the deal makes McCabe eligible for his full pension and other retirement-related benefits.

  • October 14, 2021

    Biden's 24/7 Plan To Unsnarl Supply Chain Not A Panacea

    The collective pledge by ports, railways and many private companies in the United States to operate 24/7 may remedy supply chain bottlenecks through the holidays, but experts warn that the agreement between the White House, labor unions and business isn't a panacea for worker shortages and logistical hurdles.

  • October 14, 2021

    9th Circ. Won't Revive Ex-HP Worker's No-Poach Claims

    The Ninth Circuit on Thursday refused to revive a laid-off HP Inc. worker's proposed class action alleging HP cut a "no-poach" deal with a 3D-printing rival that diminished employees' wages, a week after the panel questioned during oral arguments whether the plaintiff plausibly alleged such an agreement existed.

  • October 14, 2021

    Prof Says Navy Employment Can't Excuse Harassment

    A national defense expert suing Navy personnel for harassment and retaliation in Maryland federal court pushed back against their attempt to dodge her suit by claiming immunity as federal employees, saying the allegations are outside the scope of their employment.

  • October 14, 2021

    Software Ex-CEO Entitled To $5.4M And Tesla, Ga. Court Rules

    The founder and former CEO of a software company is entitled to $5.4 million in employment incentive payments and a Tesla of his choosing under his employment contract, the Georgia Court of Appeals held Thursday.

  • October 14, 2021

    Ill. Meat Processor, Staffing Co. Settle AG's Race Bias Claims

    An Illinois meat processing company and a staffing agency settled allegations that they engaged in "a brazen pattern of discrimination" against Black applicants, state Attorney General Kwame Raoul's office announced Thursday.

  • October 14, 2021

    Texas Judge Wants Unions' Input On United Vaccine Mandate

    A Texas federal judge lamented Thursday the lack of union involvement in a dispute between United Airlines and a proposed class of employees challenging the airline's accommodations for workers exempted from its vaccine mandate for religious or medical reasons.

  • October 14, 2021

    Pot Patient Says Food Co. Illegally Yanked Job Offer

    A Pennsylvania woman with a medical marijuana card has hit food services giant Compass Group USA Inc. with a discrimination suit in state court, alleging the company rescinded a job offer after she failed a prehire drug screen.

Expert Analysis

  • Extension Of The HSR Waiting Period Increases Acquirer Risk

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    Attorneys at K&L Gates look at the Federal Trade Commission's recent extension of the merger-review waiting period under the Hart-Scott-Rodino Act, and its effect on pending transactions, broader public policy and the Biden-era M&A market.

  • Opinion

    Copyright Law's Employment Test Is Frighteningly Outdated

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    In Horror Inc. v. Miller, the Second Circuit's recent analysis of whether the defendant was an employee or an independent contractor, and thus able to terminate his copyright, illustrates why copyright employment principles need to be updated in view of the post-COVID-19 work context, says Matthew Fagan at Kacvinsky Daisak.

  • Anti-Retaliation Refresher Following Facebook Whistleblower

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    A former Facebook employee’s recent sharing of internal documents with government agencies and the press reminds that whistleblowers are shielded by strong anti-retaliation protections — with certain limitations, depending on the type and scope of material taken and the parties that receive it, says Alia Al-Khatib at Katz Marshall.

  • Girardi Scandal Provides Important Ethics Lessons

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    The litigation and media maelstrom following allegations that famed plaintiffs attorney Thomas Girardi and his law firm misappropriated clients' funds provides myriad ethics and professional responsibility lessons for practitioners, especially with regard to misconduct reporting and liability insurance, says Elizabeth Tuttle Newman at Frankfurt Kurnit.

  • Series

    Embracing ESG: Jabil GC Talks Compliance Preparation

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    Tried-and-true compliance lessons from recent decades can be applied to companies’ environmental, social and governance efforts, especially with regard to employee training and consistent application of policies — two factors that can create a foundation for ESG criteria to flourish, says Robert Katz at Jabil.

  • Corporate Boards' Role In Workplace Vaccine Mandates

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    Company boards may have a role to play in workplace COVID-19 vaccination mandates, given their duty to manage risks and the growing recognition of employees’ importance to the corporate mission — and effective oversight is key to ensuring a vaccine program doesn't introduce new issues, says Jen Rubin at Mintz.

  • 3 Ways CLOs Can Drive ESG Efforts

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    Chief legal officers are specially trained to see the legal industry's flaws, and they can leverage that perspective to push their companies toward effective environmental, social and governance engagement, says Mark Chandler at Stanford Law School.

  • Opinion

    Why Congress Should Pass Whistleblower Protection Law

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    It’s crucial that lawmakers enact the Whistleblower Protection Reform Act — which remedies the Dodd-Frank Act’s weak safeguards for those who report federal securities law violations — to ensure courageous tipsters continue to step forward when they spot wrongdoing, say Jason Zuckerman and Matthew Stock at Zuckerman Law.

  • Opinion

    Copyright Termination, Work-For-Hire Doctrine Need Review

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    A recent flurry of litigation by Marvel against former writers shows the necessity of court and agency review of the copyright termination right and the outdated work-for-hire doctrine, which could have far-reaching consequences for today's independent contractors, say Carolyn Martin and Ethan Barr at Lutzker & Lutzker.

  • How Law Firms Can Rethink Offices In A Post-Pandemic World

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    Based on their own firm's experiences, Kami Quinn and Adam Farra at Gilbert discuss strategies and unique legal industry considerations for law firms planning hybrid models of remote and in-office work in a post-COVID marketplace.

  • Opinion

    Time To Restore Arbitration's Promise Of Efficiency For All

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    As companies like Amazon.com turn away from mandatory arbitration clauses, it may seem that the popularity of this litigation alternative is waning, but there are effective ways for parties to fine-tune their arbitration agreements to ensure the process remains quick and inexpensive, says Janice Sperow at Sperow ADR.

  • Manufacturers Face Evolving COVID-19 Legal Challenges

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    Product manufacturers must adopt new strategies to defend against pandemic-related legal challenges, including discovery delays in health care litigation, novel consumer protection claims, aggressive government enforcement actions and supply chain disputes, says Stephanie Laws at Maslon.

  • Series

    Embracing ESG: Baker Hughes CLO Talks Sustainability Team

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    For businesses focused on addressing environmental, social and governance considerations, a legal team that can coordinate sustainability efforts across the company can help to manage risk and compliance issues, anticipate and prepare for change, and identify new opportunities, says Regina Jones at Baker Hughes.

  • What Mainstreaming Of Litigation Finance Means For Industry

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    The rush of new capital and investors into the litigation funding space is expected to bring heightened competition on price and other key deal terms, but litigants will need to be more in tune with individual financiers' proclivities, says William Weisman at Therium Capital Management.

  • Opinion

    Arbitration's Supposed Benefits Don't Measure Up

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    Arbitration is a sham, not because it is worthless, but because most of its benefits can be obtained in litigation, and other benefits that lack a parallel in litigation do not incur mutually to the parties, says Paul Stephan at Cohen Milstein.

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