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Employment
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May 24, 2024
Biden's Judicial Impact And What's Left On The Wish List
President Joe Biden secured confirmation of his 200th federal judge Wednesday and has transformed the judiciary by picking more women and people of color than any other president. But the upcoming election season could derail his hopes of confirming many more judges.
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May 24, 2024
Off The Bench: NCAA Settles House NIL Class Action
In this week’s Off the Bench, the NCAA settles its court dispute with hundreds of thousands of athletes over name, image and likeness compensation, NFL rookie Marvin Harrison Jr. is taken to court over an endorsement contract, and former Super Bowl champion Antonio Brown’s post-career life is burdened further by bankruptcy. If you were sidelined this week, Law360 is here to catch you up on the sports and betting stories that had our readers talking.
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May 24, 2024
3rd Circ. Backs US Immunity Over Marine Recruit's Death
The Third Circuit has said that "tragedy does not trump sovereign immunity" in a precedential ruling finding that the federal government is immune from a wrongful death suit brought by a U.S. Marine Corps recruit's family after he crashed his car and died on the way to an event for the corps.
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May 24, 2024
Instant Messages Sink Early Win Bid In BlueCross Vax Case
A data scientist was denied her request for summary judgment Friday in her lawsuit alleging BlueCross BlueShield of Tennessee wrongly fired her for not getting vaccinated against COVID-19 due to religious objections, after a relative's instant messages cast doubt on the sincerity of her beliefs.
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May 24, 2024
Applicants Lack Fed. Standing For Wash. Pay Range Lawsuit
A Washington federal judge sent back to state court a lawsuit alleging an employer violated a new state requirement to include pay ranges in job advertisements, finding that a job listing without pay information does not harm job applicants enough to justify a federal lawsuit.
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May 24, 2024
NLRB Wants 2nd SpaceX Suit Paused Amid Venue Fight
The National Labor Relations Board asked a Texas federal judge to pause SpaceX's second challenge to the agency's constitutionality while another federal court deals with a persistent venue dispute in an earlier, nearly identical suit.
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May 24, 2024
Weinstein Atty Trying To Chill Retrial Testimony, DA Says
The Manhattan District Attorney's Office has argued that a lawyer for Harvey Weinstein violated ethics rules by publicly accusing one of the movie mogul's alleged rape victims of perjury in an "obvious" attempt to dissuade her from testifying again at an upcoming retrial.
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May 24, 2024
Biden Urges 1st Circ. To Find Debt Cap Challenge Moot
The Biden administration asked the First Circuit to affirm a finding that a government workers' union lacks standing to challenge the debt ceiling's constitutionality and that its case was further rendered moot by passage of a deal to suspend the spending limit until January.
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May 24, 2024
Nixon Peabody Adds Littler Duo As OSHA Practice Chairs
Nixon Peabody LLP has brought on a pair of Littler Mendelson PC attorneys who previously worked in California's Occupational Safety & Health division as practice co-chairs.
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May 24, 2024
Burn Charity Bookkeeper Did Not Steal Money, Estate Says
The estate of a Connecticut burn care charity's longtime bookkeeper has denied that she stole more than $655,000 before her death in August 2023, pushing back on claims in a state court lawsuit that seeks nearly $2 million in damages.
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May 24, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen an IT engineer seek permission to search a landfill hiding a hard drive supposedly storing millions of pounds in bitcoin, Glencore take on legal action by American Century Investments, gold payment app Glint bring a breach of duty claim against FRP Advisory, and an ongoing dispute between a solicitor and the Solicitors Regulation Authority. Here, Law360 looks at these and other new claims in the U.K.
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May 24, 2024
DraftKings' Noncompete Win Shuns Calif. Law, 1st Circ. Told
A former DraftKings Inc. executive who was blocked from taking a job in Los Angeles at rival sportsbook Fanatics told the First Circuit that a Massachusetts federal judge should have applied a worker-friendly California law to the trade secrets spat.
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May 24, 2024
McElroy Deutsch Seeks Win Against Ex-CFO After Guilty Plea
McElroy Deutsch Mulvaney & Carpenter LLP is urging a New Jersey state court to order its former chief financial officer to pay roughly $1.5 million damages for "unauthorized compensation" he paid himself and force him to disgorge $5.4 million in pay he received from the firm.
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May 24, 2024
CBS Says 1st Amendment Dooms White Writer's Bias Suit
CBS said a California federal judge should toss a straight white male worker's bias suit claiming he was passed over for writer roles in favor of more diverse candidates, arguing that the First Amendment allows it to tap writers based on their identity as a storytelling operation.
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May 24, 2024
Medical Courier Service Settles Drivers' Overtime Suit
A Georgia-based medical courier service accused of failing to pay its drivers their proper overtime wages has agreed to settle the case, according to an unopposed bid for settlement approval that calls the deal "approximately equal to plaintiffs' best possible day at trial."
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May 23, 2024
DLA Piper Must Share Prior Pregnancy Bias Claims With Court
A New York federal magistrate judge on Wednesday ordered DLA Piper to let her privately review previous pregnancy discrimination complaints against it as part of discovery in a former attorney's suit, an order that comes after the firm argued the burden of sharing them "far outweighs its likely benefit."
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May 23, 2024
House Money: The Path To A Landmark NCAA NIL Settlement
The NCAA is expected to pay more than $2.7 billion to settle a yearslong antitrust class action lawsuit featuring hundreds of thousands of former college athletes who alleged the organization owed them for years of unpaid name, image and likeness compensation. Here, Law360 walks you down the winding path that led to the massive reported settlement.
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May 23, 2024
PNC, Loan Officers Ink $12M Deal In Rest Break Suit
PNC Bank has agreed to pay nearly $12 million to end a class action alleging the bank didn't pay mortgage loan officers for time spent on breaks and failed to issue accurate wage statements, according to a joint motion filed Wednesday in California federal court.
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May 23, 2024
NCAA, Athletes Settle NIL Class Action Over Billions In Pay
The NCAA said Thursday it has reached a settlement with the former college athletes who had filed an antitrust class action demanding billions in potential compensation allegedly denied to them for decades before the U.S. Supreme Court overturned the NCAA's compensation ban.
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May 23, 2024
Conn. Marketing Co., Competitor Settle Exec Poaching Suit
The Connecticut-based healthcare marketing firm Primacy LLC has reached a settlement with a competitor it accused of poaching a top executive, weeks after bringing a trade secrets lawsuit in federal court.
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May 23, 2024
TRO Against Ex-TD Bank Employees Revised
A federal judge in Connecticut walked back part of a temporary restraining order against ex-TD Bank employees accused of siphoning $25 million in business to Raymond James Financial, saying the previous order may have been more restrictive than necessary.
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May 23, 2024
FirstKey Sanctioned For Trying To Coerce Workers In OT Suit
A Texas federal judge sanctioned FirstKey Homes LLC for issuing coercive communications to employees in an apparent effort to steer them from joining a proposed wage and hour class action, finding Wednesday the only purpose the company had was "attempting to undermine the collective action in this case."
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May 23, 2024
NC Fintech Atty Sues Paymentus For Gender, Age Bias
A former senior corporate counsel for cloud-based billing company Paymentus Corp. has slapped her former employer with a $100,000 age and gender discrimination suit in North Carolina federal court, saying she was paid less than her male colleagues and eventually fired for complaining, only to be replaced by a much younger male attorney.
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May 23, 2024
Lockheed Urges 11th Circ. To Affirm Win In Solvent Suit
Lockheed Martin Corp. asked the Eleventh Circuit on Wednesday to uphold a Florida district court's rejection of a proposed expert's testimony purporting to link a now-deceased former employee's multiple sclerosis to her work-related exposure to industrial solvents.
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May 23, 2024
Wash. Atty Stops Practicing Law After Assaulting Associate
A family law attorney in Washington state has resigned from practicing law after a series of criminal offenses, including a misdemeanor sexual assault and an attempted hate crime involving a colleague after a work-sponsored event, according to state bar association disciplinary records made public this week.
Expert Analysis
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Litigation Inspiration: A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Generative AI Adds Risk To Employee 'Self-Help' Discovery
Plaintiffs have long engaged in their own evidence gathering for claims against current or former employers, but as more companies implement generative AI tools, both the potential scope and the potential risks of such "self-help" discovery are rising quickly, says Nick Peterson at Wiley.
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5 Ways To Hone Deposition Skills And Improve Results
Excerpt from Practical Guidance
Depositions must never be taken for granted in the preparations needed to win a dispositive motion or a trial, and five best practices, including knowing when to hire a videographer, can significantly improve outcomes, says James Argionis at Cozen O'Connor.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Navigating Trade Secret Litigation In A High-Stakes Landscape
Recent eye-popping verdicts are becoming increasingly common in trade secret litigation — but employers can take several proactive steps to protect proprietary information and defend against misappropriation accusations in order to avoid becoming the next headline, say Jessica Mason and Jack FitzGerald at Foley & Lardner.
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Opinion
UK Whistleblowers Flock To The US For Good Reason
The U.K. Serious Fraud Office director recently brought renewed attention to the differences between the U.K. and U.S. whistleblower regimes — differences that may make reporting to U.S. agencies a better and safer option for U.K. whistleblowers, and show why U.K. whistleblower laws need to be improved, say Benjamin Calitri and Kate Reeves at Kohn Kohn.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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Opinion
There Is No NCAA Supremacy Clause, Especially For NIL
A recent Tennessee federal court ruling illustrates the NCAA's problematic position that its member schools should violate state law rather than its rules — and the organization's legal history with the dormant commerce clause raises a fundamental constitutional issue that will have to be resolved before attorneys can navigate NIL with confidence, says Patrick O’Donnell at HWG.
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Employer Pointers As Wage And Hour AI Risks Emerge
Following the Biden administration's executive order on artificial intelligence, employers using or considering artificial intelligence tools should carefully assess whether such use could increase their exposure to liability under federal and state wage and hour laws, and be wary of algorithmic discrimination, bias and inaccurate or incomplete reporting, say attorneys at ArentFox Schiff.
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The Pros And Cons Of Protecting AI As Trade Secrets
Despite regulatory trends toward greater transparency of artificial intelligence models, federal policy acknowledges, and perhaps endorses, trade secret protection for AI information, but there are still hurdles in keeping AI information a secret, say Jennifer Maisel and Andrew Stewart at Rothwell Figg.
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Complying With Enforcers' Ephemeral Messaging Guidance
Given federal antitrust enforcers’ recently issued guidance on ephemeral messaging applications, organizations must take a proactive approach to preserving short-lived communications — or risk criminal obstruction charges and civil discovery sanctions, say attorneys at Manatt.
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Race Bias Defense Considerations After 11th Circ. Ruling
In Tynes v. Florida Department of Juvenile Justice, the Eleventh Circuit affirmed that the McDonnell Douglas test for employment discrimination cases is merely an evidentiary framework, so employers relying on it as a substantive standard of liability may need to rethink their litigation strategy, says Helen Jay at Phelps Dunbar.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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How Echoing Techniques Can Derail Witnesses At Deposition
Before depositions, defense attorneys must prepare witnesses to recognize covert echoing techniques that may be used by opposing counsel to lower their defenses and elicit sensitive information — potentially leading to nuclear settlements and verdicts, say Bill Kanasky and Steve Wood at Courtroom Sciences.
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6 Ways To Minimize Risk, Remain Respectful During Layoffs
With a recent Resume Builder survey finding that 38% of companies expect to lay off employees this year, now is a good time for employers to review several strategies that can help mitigate legal risks and maintain compassion in the reduction-in-force process, says Sahara Pynes at Fox Rothschild.