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Employment
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June 11, 2024
Immigration Firm Says Rival Poached Workers And Stole TM
A Washington immigration law firm specializing in visas for domestic violence and sex trafficking victims is accusing a competing Texas firm of poaching its employees and stealing a Spanish phrase covered by its trademark — "Arreglar sin salir!" — which translates to "fix without leaving."
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June 10, 2024
Weinstein Calls Accuser 'Brazen Liar' In Calif. Criminal Appeal
Harvey Weinstein told a California appellate court that prejudicial rulings deprived him of a fair trial in the Golden State, arguing in his opening brief that the jury wrongfully heard evidence of uncharged sex assault offenses but never heard evidence that would have exposed his accuser as a "brazen liar."
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June 10, 2024
Ex-LA Chinatown Bank CFO Gets 3 Years For Embezzlement
The former chief financial officer of a bank based in Los Angeles' Chinatown has been sentenced to three years in prison after pleading guilty to bank fraud for embezzling more than $700,000 from his employer.
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June 10, 2024
Pension Fund Repays PBGC $8M In Excess Financial Aid
The U.S. Department of Justice announced Monday that a pension provider for workers in graphic communications has paid back more than $8 million in excess funds it received through a financial assistance program administered by the Pension Benefit Guaranty Corp.
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June 10, 2024
Feds Want Ex-Army Officer's FTCA Claims Cut From Suit
A former major general's defamation lawsuit against the U.S. Army over an alleged domestic assault should be partially tossed, the federal government told a Pennsylvania federal judge Friday, arguing that soldiers can't sue the Army for incidents that happened while they were serving.
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June 10, 2024
9th Circ. Won't Revive Ex-City Worker's Accommodation Suit
The Ninth Circuit declined Monday to revive an employee's suit alleging the city he worked for used an argument he had with police officers as a cover-up to fire him because he requested leave to treat a knee injury, ruling that the worker lacked proof of prejudice.
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June 10, 2024
Uber Black Drivers Aren't Like Plumbers, Philly Jury Told
Uber Black drivers on Monday tried for a second time to convince a Pennsylvania federal jury that the ride-sharing company owes them the same perks as employees, saying they're nothing like plumbers, the quintessential independent contractors.
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June 10, 2024
Parexel Says Staffing Firm Liable For Temp's Alleged Fraud
Clinical research company Parexel International says a Boston-based staffing agency is liable for damages caused by a rogue temporary employee who engaged in "egregious fraud" involving multiple drug trials, according to a complaint filed in Massachusetts state court.
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June 10, 2024
5th Circ. Upends Dallas School District Win In Age Bias Suit
The Fifth Circuit reinstated a lawsuit from a Dallas school district worker who said she was passed over for promotions and fired because she was in her mid-50s, saying a trial court held her to too high a standard when it threw out her lawsuit.
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June 10, 2024
Migrant Cleaners Rebuff Colo. Hotel's Bid To Ditch Wage Suit
The migrant contractor staff that cleaned a Colorado luxury hotel slammed the hotel's efforts to escape claims of underpaying its workers, telling a Colorado federal court Monday that the hotel set the terms of their employment.
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June 10, 2024
Chemical Manufacturer Beats Rehire Order In Fight With Union
A Texas federal judge has vacated an arbitration award ordering a chemical and ammunition manufacturer to rehire an employee who it accused of lying about receiving confidential information from a union steward, finding the award didn't draw its essence from the union contract.
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June 10, 2024
Full 9th Circ. Rules AB5 And Its Exemptions Are Lawful
The California Legislature had a plausible reason for creating certain carveouts from a state law governing whether workers are employees or independent contractors, the full Ninth Circuit ruled Monday, departing from a panel's decision that Assembly Bill 5 disfavors companies such as Uber.
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June 10, 2024
Goldberg Segalla Adds Toxic Torts, Workers' Comp Attys
Goldberg Segalla LLP has added two attorneys working in practice areas such as toxic torts and workers' compensation as partners in its offices in Manhattan and Garden City, New York, the firm announced Monday.
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June 10, 2024
Lin Wood's Ex-Colleagues Push To Keep Fraud Claims In Trial
Former law partners of controversial attorney Lin Wood have urged a Georgia federal court to block Wood's request to exclude unadjudicated allegations he committed fraud and contract breach, arguing that the details are relevant in an upcoming trial over the ex-colleagues' claims that Wood defamed them.
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June 10, 2024
Cozen O'Connor Booted From Pa. Equal Pay Case
Cozen O'Connor has been booted off a Pennsylvania school district's equal-pay lawsuit that was being overseen by a judge with personal ties to the firm, according to an order the judge issued Monday.
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June 10, 2024
Cooley Adds Comp Partners From Cadwalader, Wilson Sonsini
Cooley LLP announced the addition of two partners from Cadwalader Wickersham & Taft LLP and Wilson Sonsini Goodrich & Rosati PC on Monday, touting their combined five decades of experience in compensation and benefits.
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June 10, 2024
Duane Morris Rehires Employment Partner From Cooley
A labor and employment attorney who spent nearly two decades at Duane Morris LLP has rejoined the firm after working at Cooley LLP the past few years.
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June 10, 2024
Live Urgent Care In-House Atty Axed For Pregnancy, Suit Says
A former in-house attorney and compliance officer for Live Urgent Care LLC alleged in New Jersey state court on Friday that she was fired in retaliation for asking to take maternity leave and demanding a bonus she claims was never paid.
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June 10, 2024
Order Trims Cuomo Suit Over Harassment Probe Documents
A New York state judge has partially dismissed a petition brought by former Gov. Andrew Cuomo seeking dozens of unredacted transcripts of witness interviews as part of the state attorney general's sexual harassment investigation that led to his 2021 resignation.
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June 10, 2024
Cozen Sustains NY Growth With Ogletree Labor Expert
An experienced labor and employment attorney has jumped from Ogletree Deakins Nash Smoak & Stewart PC to Cozen O'Connor, continuing recent growth in the firm's New York office.
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June 10, 2024
Medical-Aesthetic Device Rivals Set For Sept. Poaching Trial
A Boston federal judge on Monday scheduled a post-Labor Day jury trial for medical-aesthetic device company Cynosure's $78 million poaching lawsuit against rival Reveal Lasers, urging the parties to "keep it simple, stupid," and to streamline their exhibits and damages claims.
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June 10, 2024
Catching Up With Delaware's Chancery Court
Big players and big moves dominated much of the past week in Delaware's Court of Chancery, as Tesla in particular and big corporations in general showed their pique over rulings that went toward stockholders or against conventional expectations.
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June 10, 2024
Mass. Nursing Home To Pay Record $4M Over Neglect Claims
A Massachusetts nursing home operator has agreed to pay a total of $4 million and hire an independent monitor to settle allegations that understaffing at its 16 facilities led to substandard care and patients being harmed, the attorney general’s office announced Monday. Next Step Healthcare LLC has agreed pay $750,000 directly to the state and dedicate the remaining $3.25 million toward increasing staffing levels.
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June 10, 2024
Justices Won't Revisit Salary Basis Carveout To Overtime Pay
The U.S. Supreme Court on Monday again declined to weigh in on the exemption to overtime pay under federal labor law for salaried workers in a case dealing with whether extra compensation on top of a salary does away with exemption status.
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June 07, 2024
Split 9th Circ. Revives LA Schools Vaccine Policy Row
A split Ninth Circuit panel on Friday reversed a California federal court's dismissal of a proposed class action challenging a recently rescinded Los Angeles Unified School District policy requiring employees to get the COVID-19 vaccine to keep their jobs, ruling that the district still has the potential to reinstate it.
Expert Analysis
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How FTC's Noncompete Rule May Affect Exec Comp Packages
In the event the Federal Trade Commission's final noncompete rule goes into effect as currently contemplated, companies will need to take stock of how they structure post-employment executive compensation arrangements, such as severance agreements and clawbacks, says Meredith O'Leary at King & Spalding.
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8 Legal Issues Influencing Investors In The Creator Economy
The rapidly expanding digital creator economy — funding for which more than doubled in the U.S. in the first quarter — comes with its own set of unique legal issues investors must carefully consider before diving in, say Louis Lehot and Alan Pate at Foley & Lardner.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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What CRA Deadline Means For Biden Admin. Rulemaking
With the 2024 election rapidly approaching, the Biden administration must race to finalize proposed agency actions within the next few weeks, or be exposed to the chance that the following Congress will overturn the rules under the Congressional Review Act, say attorneys at Covington.
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Rebuttal
Time For Congress To Let Qualified Older Pilots Keep Flying
While a previous Law360 guest article affirmed the current law requiring airline pilots to retire at age 65, the facts suggest that the pilots, their unions, the airlines and the flying public will all benefit if Congress allows experienced, medically qualified aviators to stay in the cockpit, say Allen Baker and Bo Ellis at Let Experienced Pilots Fly.
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What's Notable In JAMS' New Mass Arbitration Rules
The Judicial Arbitration and Mediation Services’ recently released guidelines, coming on the heels of similar American Arbitration Association amendments, suggests that mass arbitrations will remain an efficient means for consumers to vindicate their rights against companies, say Jonathan Waisnor and Brandon Heitmann at Labaton Keller.
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Fostering Employee Retention Amid Shaky DEI Landscape
Ongoing challenges to the legality of corporate diversity, equity and inclusion programs are complicating efforts to use DEI as an employee retention tool, but with the right strategic approach employers can continue to recruit and retain diverse talent — even after the FTC’s ban on noncompetes, says Ally Coll at the Purple Method.
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Justices Clarify FAA But Leave Behind Important Questions
The U.S. Supreme Court's decision last month in Bissonnette v. LePage firmly shuts the door on any argument that the Federal Arbitration Act's Section 1 exemption is limited to transportation workers whose employers transport goods on behalf of others, but two major issues remain unresolved, say Joshua Wesneski and Crystal Weeks at Weil.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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What 100 Federal Cases Suggest About Changes To Chevron
With the U.S. Supreme Court poised to overturn or narrow its 40-year-old doctrine of Chevron deference, a review of 100 recent federal district court decisions confirm that changes to the Chevron framework will have broad ramifications — but the magnitude of the impact will depend on the details of the high court's ruling, say Kali Schellenberg and Jon Cochran at LeVan Stapleton.
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FTC Noncompete Rule May Still Face Historical Hurdles
The Federal Trade Commission's final rule banning noncompetes might face challenges that could have been avoided with more cautious consideration of the commission's long history of failed lawsuits that went beyond the agency's statutory authority, as well as the mountain of judicial precedent justifying noncompete agreements in employment contracts, say attorneys at BakerHostetler.
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Justices' Title VII Ruling Requires Greater Employer Vigilance
The U.S. Supreme Court’s recent Muldrow v. St. Louis ruling expands the types of employment decisions that can be challenged under Title VII, so employers will need to carefully review decisions that affect a term, condition or privilege of employment, say attorneys at Morgan Lewis.
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Game-Changing Decisions Call For New Rules At The NCAA
From a newly formed college players union to coaches transferring at the drop of a hat, the National College Athletic Association needs an overhaul, including federal supervision, says Frank Darras at DarrasLaw.
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What Makes Unionization In Financial Services Unique
Only around 1% of financial services employees are part of a union, but that number is on the rise, presenting both unique opportunities and challenges for the employers and employees that make up a sector typically devoid of union activity, say Amanda Fugazy and Steven Nevolis at Ellenoff Grossman.
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A Guide To Using The DTSA For Misappropriation Recourse
Excerpt from Practical Guidance
Nicholas Armington at Mintz explains the ins and outs of drafting a misappropriation complaint under the Defend Trade Secrets Act, and how and why companies should think strategically about federal and state law when filing a claim.