Employment

  • February 29, 2024

    MoMA Says Assaults 'Unfortunate,' But Not Museum's Fault

    The Museum of Modern Art has asked a New York state court to toss a suit claiming that it failed to protect nude performers in an art exhibition from sexual assault, arguing that, while the incidents are regrettable, the facts of the case don't give rise to legal action. 

  • February 29, 2024

    Exxon Protected From Plant Fire Suits, Texas Court Rules

    Providing workers' compensation insurance to its subcontractors shielded ExxonMobil Corp. from personal injury lawsuits brought by workers hurt in a fire at one of its petrochemical plants, a Texas appellate court said Thursday, overriding a trial court ruling against the oil giant.

  • February 29, 2024

    Ousted Talent Agency CEO Sues Over 'Bogus' Firing

    Talent agency Verve's former CEO William Weinstein sued his fellow co-founders in California state court Thursday, alleging they fired him in bad faith for the "bogus" cause to cut him out of his equity shares and leaked his termination to the press in violation of the confidentiality provisions of their operating agreement.

  • February 29, 2024

    Houston Judge Again Declines Recusal In Back Wages Fight

    A Texas state judge again declined to recuse himself in a dispute between a Lewis Brisbois partner and his previous law firm after the partner filed a motion accusing the judge of allowing counsel for a Houston firm to "engage in numerous attacks" against him based on his sexuality.

  • February 29, 2024

    Black Detective Costume Not Protected Speech, Kraft Says

    A white manager who was fired by Kraft Heinz for wearing blackface as part of a Halloween costume in which he dressed as a character from the television show "Miami Vice" doesn't have a viable retaliation suit because his costume wasn't protected speech, the company told a Connecticut federal court.

  • February 29, 2024

    9th Circ. Revives Ex-Terminix Worker's PAGA Wage Suit

    A Ninth Circuit panel directed a lower court Thursday to consider a former Terminix worker's constitutional standing to bring representative wage claims while his individual claims undergo arbitration, saying arbitration does not revoke his right to bring representative claims.

  • February 29, 2024

    Ex-Philly Union Manager Gets Extortion Trial Delayed

    Former Philadelphia union leader John "Johnny Doc" Dougherty on Thursday successfully petitioned to delay his upcoming extortion trial to give his defense attorneys more time to prepare on the heels of his embezzlement conviction last year.

  • February 29, 2024

    Ex-JetBlue Flight Attendant's Subpoena Battle Heads To NY

    A former flight attendant for JetBlue Airways Corp. and her husband have dropped a legal battle that they launched Feb. 9 in Connecticut to force the airline to turn over subpoenaed documents in an underlying toxic tort case, but the federal court fight is set to continue next door.

  • February 29, 2024

    Black Ex-Davis Polk Atty To Appeal Loss In Retaliation Suit

    A Black former associate at Davis Polk & Wardwell LLP will appeal a jury's finding that the firm and two other defendants didn't retaliate against him after he raised concerns about racial bias and diversity.

  • February 29, 2024

    Architect Of Capitol Ex-Execs Must Merge Discrimination Suits

    A D.C. federal judge on Thursday directed four top executives ousted from the Architect of the Capitol to combine their separate employment discrimination lawsuits against the federal agency.

  • February 29, 2024

    Cleveland Defeats Firefighter's Bias Suit Over Beard Policy

    The City of Cleveland escaped a firefighter's suit alleging he was forced into retirement when he refused to shave his beard because of a skin condition affecting Black men, with an Ohio federal judge finding the city's clean-shaven policy was in line with federal firefighting equipment regulations.

  • February 29, 2024

    Colo. Firm Says Atty Abandoned Work While Seeking New Job

    A Denver debt collection law firm has accused a former senior associate of performing little to no meaningful work during a brief one-year tenure at the outfit while also pursuing a partnership role at another firm.

  • February 29, 2024

    10th Circ. Says NLRB's Remedies 'Inconsistent' With Law

    The National Labor Relations Board surpassed its powers when ordering a concrete company to make pension contributions and profit-sharing payments to workers without factoring in past compensation, the Tenth Circuit ruled, sending the case back to the board for a second look but finding the company violated federal labor law.

  • February 29, 2024

    Munck Wilson Adds IP Lawyer From Wood Smith

    A former Wood Smith Henning & Berman LLP attorney has made the move to Munck Wilson Mandala LLP in Los Angeles, bringing with her a history of working on intellectual property litigation and other commercial matters.

  • February 29, 2024

    Law Firm Recruited Objectors To Tank Vax Deal, Class Says

    Indianapolis-based law firm Kroger Gardis & Regas LLP is trying to unravel a settlement with Ascension Health Alliance because the firm wants to pursue its own class litigation, hospital staff told the Sixth Circuit in a brief filed Wednesday.

  • February 29, 2024

    Tesla Likely To Face 6,000-Member Class Action On Race Bias

    A California state judge said she's prepared to certify a nearly 6,000-member class of Black Tesla workers alleging the manufacturer failed to address rampant racist language and graffiti at a California factory, finding the workers presented enough evidence to proceed as a group.

  • February 29, 2024

    NJ Panel Says Ex-City Prosecutor Not Eligible For Pension

    A former municipal prosecutor was not a city employee but a professional service provider, a New Jersey appellate panel held Thursday, stripping him of seven years of pension participation and credits.

  • February 29, 2024

    K&L Gates Lands Labor Ace In Dallas From Bell Nunnally

    K&L Gates LLP announced Thursday that it has bolstered its labor, employment and workplace safety group with a partner in Dallas who made the leap from Bell Nunnally & Martin LLP.

  • February 29, 2024

    Dish Satellite Retailer Misclassified Technicians, Suit Claims

    A satellite technician has slapped his employer with a proposed collective action in Georgia federal court claiming Prime Rangers Inc., an authorized Dish satellite television retailer, misclassified him and his colleagues as independent contractors and failed to pay them overtime wages.

  • February 29, 2024

    Defense Contractor Says Ex-Exec Took Sensitive Data To Rival

    A defense contractor accused a former executive of taking confidential business information and export-controlled data on the body armor it supplies to the U.S. military and local and state law enforcement to a rival, a foreign-owned business.

  • February 29, 2024

    No Early Wins In South Dakota Derailment Injury Suit

    A South Dakota federal judge won't let either a conductor or Rapid City, Pierre & Eastern RR Inc. notch early wins in a suit against the railroad over a 2019 derailment, saying there are factual questions about whether the railroad knew or should have known about the conditions on the track before the accident.

  • February 29, 2024

    Asking For Salary History Banned In Columbus, Ohio

    Employers in Columbus, Ohio, will no longer be able to ask job applicants about their salary history under a law set to take effect Friday.

  • February 28, 2024

    7th Circ. Revives Health System Worker's FMLA Suit For Trial

    A split Seventh Circuit panel on Wednesday revived a former OSF Healthcare System employee's suit accusing the company of wrongfully firing her after failing to adjust performance expectations while she worked reduced hours, ruling a factual dispute remains over how much leave she took, which could lead a jury to find in her favor.

  • February 28, 2024

    Musk, Ex-Twitter Staff Fail To Reach Deal In Severance Dispute

    Settlement talks between X Corp., formerly known as Twitter, and a group of former employees have fallen apart, the parties told a Delaware federal judge on Wednesday, asking the judge to lift a stay in their dispute over severance compensation.

  • February 28, 2024

    NJ Panel Frees National Boys & Girls Club From Abuse Claims

    The New Jersey state appeals court on Wednesday freed Boys & Girls Clubs of America from consolidated litigation over alleged sexual abuse in the '70s and '80s by a counselor then employed by the nonprofit's Hudson County chapter, ruling that the national organization had no control over the local unit's operations. 

Expert Analysis

  • 6 Ways To Minimize Risk, Remain Respectful During Layoffs

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    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.

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • NYC Workplace AI Regulation Has Been Largely Insignificant

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    Though a Cornell University study suggests that a New York City law intended to regulate artificial intelligence in the workplace has had an underwhelming impact, the law may still help shape the city's future AI regulation efforts, say Reid Skibell and Nathan Ades at Glenn Agre.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • Args In APA Case Amplify Justices' Focus On Agency Power

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    In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.

  • Mitigating Whistleblower Risks After High Court UBS Ruling

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    While it is always good practice for companies to periodically review whistleblower trainings, policies and procedures, the U.S. Supreme Court’s recent whistleblower-friendly ruling in Murray v. UBS Securities helps demonstrate their importance in reducing litigation risk, say attorneys at Arnold & Porter.

  • Using Arbitration And Class Waivers As Privacy Suit Tools

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    Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.

  • Future Not Looking Bright For Calif. Employee Nonsolicits

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    California's new legislation imposing potentially harsh consequences on employers for attempting to enforce noncompetes raises questions about the fate of employee nonsolicitation agreements — and both federal and state court decisions suggest the days of the latter may be numbered, say Anthony Oncidi and Philippe Lebel at Proskauer.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • Del. Ruling Stands Out In Thorny Noncompete Landscape

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    In Cantor Fitzgerald v. Ainslie, the Delaware Supreme Court last month upheld the enforceability of forfeiture-for-competition provisions in limited partnership agreements, providing a noteworthy opinion amid a time of increasing disfavor toward noncompetes and following a string of Chancery Court rulings deeming them unreasonable, say Margaret Butler and Steven Goldberg at BakerHostetler.

  • Class Actions At The Circuit Courts: February Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Reassessing Trade Secrets Amid Proposed Noncompete Ban

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    The Federal Trade Commission's proposed ban on noncompete agreements as well as state bans make it prudent for businesses to reevaluate and reinvigorate approaches to trade secret protection, including knowing what information employees are providing to vendors, and making sure confidentiality agreements are put in place before information is shared, says Rob Jensen at Wolf Greenfield.

  • NYC Cos. Must Prepare For Increased Sick Leave Liability

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    A recent amendment to New York City's sick leave law authorizes employees for the first time to sue their employers for violations — so employers should ensure their policies and practices are compliant now to avoid the crosshairs of litigation once the law takes effect in March, says Melissa Camire at Fisher Phillips.

  • Employer Best Practices In Light Of NY Anti-Trans Bias Report

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    A recent report from the New York State Department of Labor indicates that bias against transgender and nonbinary people endures in the workplace, highlighting why employers must create supportive policies and gender transition plans, not only to mitigate the risk of discrimination claims, but also to foster an inclusive work culture, says Michelle Phillips at Jackson Lewis.

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