More Employment Coverage

  • June 29, 2022

    Trenam Law Can't Rep PE Firm In Fight With Ex-CEO

    A Florida appeals court affirmed Wednesday that a Tampa law firm can't represent a private equity company in a suit and counter-suit with its shareholder. 

  • June 29, 2022

    11th Circ. Ends Ex-Cop's Case Over Flying Confederate Flag

    The Eleventh Circuit said Wednesday a former Roswell sergeant can't sue the city, its police chief or the city administrator for firing her after she flew a Confederate battle flag at her home while her police cruiser was parked outside.

  • June 29, 2022

    Feds Scrap Trade Secrets Case Against Ex-ADI Worker's Wife

    Federal prosecutors in Boston dismissed charges against the wife of a former Analog Devices Inc. engineer after the husband largely beat a case alleging he stole company trade secrets to jump-start his own computer chip business.

  • June 28, 2022

    No Escrow Payout For Exec After Trade Secret Conviction

    A Texas drilling executive who was convicted and sent to jail for conspiring to steal trade secrets won't be able to collect his half-million-dollar share of a drilling company he sold to the global engineering firm WS Atkins Inc., after an appeals court in Houston on Tuesday reversed his initial win in a lower court.

  • June 28, 2022

    One Mystery Word Has Set Off A Race For Rural EB-5 Deals

    As the EB-5 community publicly searches for answers to major questions regarding the law's crucial regional center program, developers behind the scenes are scrambling to line up more rural projects as players speculate about the meaning of a single word buried in a law from earlier this year.

  • June 28, 2022

    McDonald's Defeats Ex-Workers' No-Poach Claims

    An Illinois federal court on Tuesday granted a bid from McDonald's to escape claims from ex-workers over the fast-food chain's alleged past use of no-poach provisions in its franchise agreements, saying there was too much competition for their labor to support an antitrust case.

  • June 28, 2022

    Ambulance Co. Must Face Death Claim Over Paraplegic's Fall

    An ambulance company can't evade claims it caused the death of a paraplegic man after he fell from one of its stretchers, a Georgia appeals court panel has ruled, saying the wrongful death claims aren't time-barred because they piggyback on negligence claims already filed.

  • June 28, 2022

    Constangy Opens NJ Office With Top FordHarrison Atty

    Employment law firm Constangy Brooks Smith & Prophete LLP is expanding its East Coast presence by opening its second New Jersey office and bringing on former FordHarrison LLP partner Salvador Simao to oversee it.

  • June 27, 2022

    Judge Trims Ford Dealer's Workers' Comp Coverage Suit

    A California federal judge said a Ford dealership can pursue allegations that its insurer breached policy obligations when handling its claim for coverage of a workers' compensation suit that stems from a 2019 deadly workplace shooting, but dismissed other claims surrounding the underlying civil action.

  • June 27, 2022

    Tyson Workers Ask 5th Circ. To Revive COVID Safety Suit

    A group of Tyson Foods Inc. workers has asked the Fifth Circuit to revive and send back to state court their lawsuit accusing the company of negligently exposing them to COVID-19 at the beginning of the pandemic, echoing other Tyson workers' arguments that their claims don't belong in federal court.

  • June 27, 2022

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court drew a step closer last week to filling an empty seat on the bench, a debt maven fought for control of a cosmetics company, and new cases came in involving cryptocurrency, building products, business software, and of course, private equity. Here's your weekly roundup of news from Delaware's Chancery Court.

  • June 27, 2022

    Calif. Ruling Steadies Fraught EB-5 Landscape For Now

    A California federal judge has ordered the federal government to allow previously licensed EB-5 regional centers to continue operating while one of the immigrant investment centers challenges an agency mandate to seek reauthorization after March legislation revamped the program.

  • June 27, 2022

    Mich. Bill Would Offer Employers Student Loan Payment Credits

    Michigan would grant income tax credits to employers that make student loan payments on behalf of certain employees under a bill introduced in the state House.

  • June 27, 2022

    NJ Atty Says County Fired Him For Crossing Sheriff

    The former county counsel of Sussex County, New Jersey, hit the county with a whistleblower lawsuit alleging he was fired in retaliation for opposing a request by the county sheriff to pay his personal legal bills with county dollars and objecting to an immigration-related ballot question.

  • June 27, 2022

    McGlinchey Adds Liability, Employment Atty In New Orleans

    McGlinchey Stafford PLLC announced last week that it hired an employment and litigation attorney as a member in its New Orleans office.

  • June 27, 2022

    Firms Look To Cover Out-Of-State Abortion Care After Dobbs

    A growing number of law firms are offering to cover the costs of out-of-state reproductive care for their employees in the wake of last week's U.S. Supreme Court ruling overturning Roe v. Wade.

  • June 24, 2022

    Mortgage Lender Seeks Win In FHA Whistleblower Fraud Suit

    A mortgage lender asked a California federal court to award it a win in a whistleblower suit accusing the company of writing unqualified Federal Housing Administration loans to boost profits, arguing that the whistleblower hasn't shown any fraudulent activity.

  • June 24, 2022

    Dallas Jury Hits Spectrum With $337.5M Verdict In Murder Suit

    A Dallas jury has found that Spectrum owes $337.5 million to the family of an 83-year-old woman who was stabbed to death by a Spectrum internet installer and could increase Spectrum's liability when it returns to court to consider punitive damages.

  • June 24, 2022

    Ex-XFL Commissioner, League Founder Drop Termination Suit

    Former XFL Commissioner Oliver Luck and the football league founder and World Wrestling Entertainment Inc. CEO Vince McMahon have mutually agreed to drop a lawsuit over Luck's pay after his firing in 2020.

  • June 24, 2022

    Supreme Court Overturns Roe v. Wade

    The U.S. Supreme Court on Friday upheld a Mississippi abortion ban and overturned the constitutional abortion right established nearly 50 years ago in Roe v. Wade, setting the stage for a widespread rollback of abortion rights in many statehouses around the country.

  • June 23, 2022

    Insurer Wants Out Of Gaming Co.'s Equity Dispute Settlement

    An RSUI unit doesn't have to cover Rush Street Gaming's settlement with an executive who said he was denied an equity stake after the casino company went public, the insurer told an Illinois federal court, saying a liability policy excludes coverage for claims related to compensation and employment agreements.

  • June 23, 2022

    Chancery Lets Co. Booted From Amazon Project Pursue Suit

    A development group tossed from an Amazon data center project worth more than $500 million over fraud allegations has kept alive much of a Delaware Chancery Court action challenging its removal and accusing its partners of trying to gain control of the deal.

  • June 23, 2022

    11th Circ. Says Tampa Electric Didn't Violate OSHA Guidelines

    Tampa's electric utility can't be held liable for Occupational Safety and Health Administration violations after its workers didn't wear masks while responding to an ammonia leak at a power plant, the Eleventh Circuit has determined.

  • June 23, 2022

    Ex-ADI Engineer Tries To Sink Lone Trade Secrets Conviction

    A former Analog Devices Inc. engineer who was acquitted on all but one charge alleging he stole company trade secrets to jumpstart a side business selling computer chips argued Thursday the lone guilty finding wasn't supported by evidence.

  • June 23, 2022

    Construction Worker Reported To ICE Wins $650K At Trial

    A Boston federal jury has found a construction company and its owner liable for retaliating against an employee by reporting him to immigration authorities after his on-the-job injury triggered a workplace investigation, awarding $650,000 in damages.

Expert Analysis

  • What's At Stake In Justices' FCA Qui Tam Dismissal Review

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    The Supreme Court's decision next term in U.S. v. Executive Health Resources could hold that the government cannot dismiss a qui tam action in which it initially declined intervention, which would mean the government must expend more resources vetting False Claims Act cases and give relators free rein as prosecutors of their cases, say attorneys at Ropes & Gray.

  • Justices Should Resolve FCA Cases' Rule 9(b) Circuit Split

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    The U.S. Supreme Court should agree to hear three related False Claims Act cases and resolve the circuit split over the level of detail Rule 9(b) requires in qui tam complaints, or the viability of such actions will increasingly depend on where they are filed, say Kenneth Abell and Katherine Kulkarni at Abell Eskew.

  • Thinking Strategically About The Weekend's Impact On Jurors

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    Clint Townson at IMS discusses how experienced trial lawyers and consultants can utilize the strategic value of weekends in their favor by accounting for how the weekend break affects juror cognition and decision making as part of an integrated trial strategy.

  • Now's The Time To Address Archaic Law School Curricula

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    With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.

  • Employer Abortion Policy Considerations In A Post-Roe World

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    Restricted abortion access in many states after the U.S. Supreme Court’s expected reversal of Roe v. Wade may cause corporate recruitment and retention concerns, but before implementing policies that help employees access reproductive care, employers should consider their workforce’s values, legal risks and potential political backlash, says Meredith Kirshenbaum at Goldberg Kohn.

  • High Court Rulings Highlight Arbitration Jurisprudence Shift

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    A study of recent U.S. Supreme Court decisions — including last month's Morgan v. Sundance opinion — suggests a move away from the strong federal preference for arbitration toward a strict textual interpretation of the Federal Arbitration Act, say Chelsea Priest and Margaret Allen at Sidley.

  • Lessons From Lawyer Fee-Sharing Agreements Gone Wrong

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    The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.

  • 8 Steps To Creating A Legal Ops Technology Road Map

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    Legal departments struggling to find and implement the right technologies for their operations should consider creating a road map that summarizes their approach to technology changes, provides clearly defined metrics for success, and serves as the single source of truth for stakeholders, says Melanie Shafer at SimpleLegal.

  • Labor Law Lessons In Amazon's NY COVID Suit Win

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    A New York state court’s recent decision in James v. Amazon, dismissing allegations the company illegally retaliated against workers who raised concerns about COVID-19 safety policies, offers important reminders about federal labor law preemption and scope, says Hannah Redmond at Bond Schoeneck.

  • The Importance Of Data And Data Analysis In Litigation

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    Understanding, analyzing and effectively presenting large data sets is an increasingly important skill in litigation as it allows plaintiffs to dramatically scale up the scope of cases and is often critical to defeating motions to dismiss and motions for summary judgment, says David Burnett at Motley Rice.

  • Justices' Airline Ruling Bolsters Arbitration Course Correction

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    The U.S. Supreme Court’s decision last week in Southwest v. Saxon, together with its May ruling in Morgan v. Sundance, limits the reach of mandatory arbitration and sends a strong message to the federal judiciary, with potentially broad applications in the employment context, says University of Denver professor and Outten & Golden counsel Nantiya Ruan.

  • 2 New Defenses To Federal Shareholder Derivative Claims

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    Increasingly, plaintiffs are bringing Securities Exchange Act claims in derivative suits because they perceive these claims to have advantages compared to traditional fiduciary duty claims, but there are several reasons why plaintiffs are wrong and the flawed assumptions underlying these claims should be tested in court, say Brian Lutz and Michael Kahn at Gibson Dunn.

  • Avoiding Endless Liability From 'Take Home' COVID Claims

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    The Ninth Circuit’s recent certification in Kuciemba v. Victory Woodworks is the latest in a series of cases exploring whether companies can be sued when a third party contracts COVID-19 from an employee’s workplace exposure — and employers will need to take certain steps to avoid seemingly boundless chains of liability, say Karen Wentzel and Cristen Hintze at Squire Patton.