More Employment Coverage

  • 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

    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

    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

    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

    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

    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

    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

    Ga. Court Won't Enforce BB&T Insurance's Non-Compete

    BB&T Insurance Services Inc. can't enforce overly broad restrictive covenants in its employment agreement against a former longtime executive who moved to a rival employer, the Georgia Court of Appeals held.

  • October 14, 2021

    Lowenstein Atty, Gov.'s Aide Pulled Into NJ Virus 'Favor' Suit

    A Lowenstein Sandler LLP attorney and the outgoing chief of staff to New Jersey Gov. Phil Murphy must face allegations they took part in firing a state health official for objecting to collecting COVID-19 test samples from the chief of staff's relatives, a state judge has ruled in the ex-official's whistleblower suit.

  • October 14, 2021

    Minn. High Court Blocks Payment For Worker's Medical Pot

    The Minnesota Supreme Court has found that the federal Controlled Substances Act preempts a workers' compensation court decision ordering a dental center to pay for an employee's medicinal cannabis, saying the company can't comply with both state and federal law at the same time.

  • October 13, 2021

    Ex-NBA Player Tony Allen Pleads Not Guilty In Fraud Case

    Retired NBA shooting guard Tony Allen, one of 18 former players charged with defrauding the league's health care plan through fake medical treatments, pled not guilty Tuesday and said through a lawyer he will "prepare his defense."

  • October 13, 2021

    H-E-B Gets Baker's Injury Suit Sent To Arbitration

    A Texas state appeals panel pushed out of court a negligence lawsuit filed by a Spanish-speaking worker who was struck by a forklift while on the job, finding that the law must presume the woman understood the binding arbitration agreement she signed with supermarket chain H-E-B even if she can't read English.

  • October 13, 2021

    DOL Aims To Undo 'Chilling' Trump-Era ESG Investment Rules

    The U.S. Department of Labor released a proposal Wednesday that would undo two Trump administration rules that imposed restrictions on how retirement plans could assess environmental, social and governance factors, such as climate change, in their investment decisions.

  • October 13, 2021

    Civil Suit Over Arbery Death Paused Due To Criminal Cases

    A federal magistrate judge has put on hold a civil suit over the killing of Ahmaud Arbery, an African American man shot by three white men while jogging in a Georgia suburb, to let criminal proceedings involving several defendants in the case play out.

  • October 13, 2021

    Judge OKs Civil Settlement In $30M Treasury Bond Fraud Suit

    An Illinois federal judge Wednesday signed off on a civil enforcement agreement for a former fixed income securities trader accused of a $30 million fraud scheme that bankrupted his Atlanta-based employer, then paused the case while related criminal proceedings play out.

  • October 12, 2021

    Biden Admin. Does Away With Worksite Immigration Raids

    The Biden administration said Tuesday that it would no longer raid workplaces to arrest undocumented workers en masse, putting an end to the Trump-era policy, which it said was used by "exploitative employers to suppress and retaliate against workers' assertion of labor laws."

  • October 12, 2021

    High-Ranking DOD Official Sues Over Suspension Limbo

    The U.S. Department of Defense official chosen to launch a new cybersecurity program for government contractors sued the department Tuesday in D.C. federal court, saying she was "left dangling" as to why she was placed on leave and her security clearance suspended.

  • October 12, 2021

    Former Delta Unit Can't Dodge Ex-Worker's BIPA Claims

    An Illinois federal judge on Monday refused to dismiss a former employee's proposed class action accusing an airport baggage handling company of violating the Illinois Biometric Information Privacy Act, saying the claims weren't preempted by federal aviation law or the state's workers' compensation statute.

  • October 12, 2021

    Sanofi Whistleblowers Were Legitimately Fired, NJ Court Told

    Sanofi Aventis US LLC urged a New Jersey state court judge on Tuesday to toss a whistleblower lawsuit by two employees alleging they were fired in retaliation for complaining about a coworker's job performance, arguing that the employees admitted to engaging in activity that violated company policy.

  • October 12, 2021

    SEC Official Warns Vast Swaths Of Economy Are 'Going Dark'

    U.S. Securities and Exchange Commissioner Allison Herren Lee said Tuesday that regulators should revise how "shareholders of record" — a key metric that determines when companies must file regular SEC disclosures — are defined to prevent the public from being left in the dark.

  • October 12, 2021

    Justices Want SG's Take In $420M Tata Trade Secrets Row

    The U.S. Supreme Court asked the solicitor general Tuesday to step into Epic Systems Corp.'s bid to undo a Seventh Circuit decision limiting the punitive damages that units of Indian superconglomerate Tata Group owe for stealing information about Epic's health care software.

  • October 12, 2021

    NYC Vaccine Orders Survive Scrutiny In 2 Court Rulings

    New York City can require COVID-19 vaccinations for both public school educators and patrons and employees of indoor commercial establishments, a pair of federal judges said in refusing to block two city mandates.

  • October 12, 2021

    Ex-Ga. Insurance Commissioner Gets 7 Years For $2M Fraud

    Georgia's former insurance commissioner was sentenced Tuesday to just over seven years in federal prison and ordered to pay restitution of $2.6 million on 37 counts of mail and wire fraud, money laundering, and aiding the filing of false tax returns.

  • October 12, 2021

    American Airlines Unit Can't Pause Discovery In BIPA Suit

    An Illinois federal judge said Tuesday that she will allow written discovery to proceed as she decides whether to permanently dismiss claims that an American Airlines unit's time-tracking practices violated employees' biometric privacy and send the matter to an adjustment board.

Expert Analysis

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • Will Kanter Transform Cartel Enforcement?

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    The Biden administration is expected to take an assertive posture on cartel enforcement, but its agenda will hinge on Jonathan Kanter, its nominee to lead the U.S. Department of Justice's Antitrust Division, who is viewed as a transformational figure in antitrust policy as he heads to his Oct. 6 Senate confirmation hearing, say Richard Leveridge and Adam Farra at Gilbert.

  • 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.

  • 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.

  • Ill. BIPA Ruling May Significantly Affect Insurers' Exposure

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    In Tims v. Black Horse Carriers, an Illinois state appeals court held that certain claims under the Illinois Biometric Information Privacy Act are subject to a one-year statute of limitations only, which may reduce commercial general liability insurers’ exposure to litigation under this act for several reasons, say attorneys at Kennedys.