Employment

  • February 14, 2020

    Fashion Mogul Accused Of Rape And Orchestrating Cover-Up

    Ten women accused Canadian fashion executive Peter J. Nygard and his companies of sex trafficking and rape in New York federal court on Thursday, alleging that for decades he lured underage girls to his Bahamian mansion and used his privately held New York-based companies to cover up the abuse.

  • February 14, 2020

    5th Circ. Says Sanctions Can Be Undone After Late Settlement

    The Fifth Circuit has determined that in light of a post-judgment settlement, a district court has authority to vacate a sanctions award in a wrongful termination suit by a former chemistry professor at the University of Texas-Pan American against his former student and others.

  • February 14, 2020

    San Diego Nears Halt Of Instacart Worker Classification

    A California judge indicated he will grant San Diego's request for an injunction forcing grocery delivery service Instacart to stop classifying its delivery workers, known as "shoppers," as independent contractors instead of employees.

  • February 14, 2020

    Calif. Seeks To Nix Uber, Postmates' AB 5 Challenge For Good

    The state of California urged a federal judge to toss Uber and Postmates' suit challenging a new law making it harder for workers to be classified as independent contractors, arguing the case should be dismissed for the same reasons the judge rejected the companies' efforts to pause the litigation.

  • February 14, 2020

    3 Takeaways From The Calif. Supreme Court's Apple Ruling

    The California Supreme Court has ruled that state law requires retailers to pay workers for time they spend waiting to be searched, handing a loss to Apple and exposing businesses to potentially costly class actions. Here, Law360 runs down the big takeaways from the court’s decision.

  • February 14, 2020

    NLRB Memo Faults Google For Chiding Diversity Policy Critic

    Google illegally disciplined an outspoken software engineer after he complained that workers who criticize the tech giant’s inclusion and diversity policies are unfairly targeted for harsh treatment by colleagues, the National Labor Relations Board's advice division said in new guidance memos made public Friday.

  • February 14, 2020

    Gov't Drops IP Theft Charges Against Ex-Jawbone Workers

    The government dropped criminal charges accusing four former Jawbone employees of stealing its trade secrets and defecting to rival wearable fitness device maker Fitbit Inc., less than two weeks after a California federal jury in Silicon Valley cleared an ex-Jawbone executive of similar charges.

  • February 14, 2020

    UT Urges Toss Of Law Professor's Gender Pay Bias Suit

    The University of Texas at Austin on Friday asked a Texas federal judge to dismiss sex discrimination and retaliation claims brought by a female law professor, arguing she waited too long to file her claims and hasn't shown causation.

  • February 14, 2020

    Ex-Citi Broker Wants $3.5M Arbitration Award Reinstated

    A former Citigroup broker urged the Eleventh Circuit on Friday to reinstate a $3.45 million arbitration award for wrongful termination, arguing that the district judge erred by overruling the arbitration panel and its interpretation of the broker’s employment contract.

  • February 14, 2020

    Jackson Lewis Nabs Ex-Proskauer ERISA Litigator In La.

    Jackson Lewis PC has scooped up Proskauer Rose LLP's former New Orleans office leader to be the co-head of the labor and employment powerhouse's Employee Retirement Income Security Act litigation group.

  • February 14, 2020

    Whistleblower Appeals Canon FCA Ruling To 5th Circ.

    A whistleblower accusing Canon of bilking the federal government lodged an appeal Friday to the Fifth Circuit of a ruling that tossed her lawsuit because she based her claims on publicly disclosed allegations from a separate suit that was already resolved.

  • February 14, 2020

    Ex-Parchem Worker Dodges Trade Secrets Theft Suit

    A New York federal judge on Friday tossed Parchem Trading Ltd.'s suit accusing a former employee of using trade secrets to get business from Bristol-Myers Squibb Co. at her new job, finding that there wasn't evidence she used a purchase history list in her dealings with the pharma giant.

  • February 14, 2020

    Ex-United Worker Seeks To DQ Reed Smith Over Medical Docs

    A former United Airlines flight attendant who contends the company wrongfully terminated him has asked a California federal court to disqualify Reed Smith LLP from the litigation after its attorneys purportedly viewed his confidential medical records without permission.

  • February 14, 2020

    Law Student 'Labor Movement' Aims To Transform BigLaw

    Campaigns to pressure BigLaw firms to drop coercive employment contracts and get Paul Weiss to abandon Exxon Mobil are part of what some have called a growing "labor movement" among law students that plans to use its leverage to reshape the industry from within.

  • February 14, 2020

    Texas Justices Will Hear Injured Worker's $1.7M Dispute

    The Texas Supreme Court agreed Friday to hear W&T Offshore Inc.'s attempt to unwind a $1.7 million verdict for an injured offshore drilling platform worker the company says was a "borrowed employee" barred from suing it for negligence.

  • February 14, 2020

    SkyWest Flight Attendants Say Calif. Ruling Bolsters Pay Spat

    Current and former SkyWest flight attendants said Thursday that their Illinois suit seeking unpaid wages for work they did while on the ground is bolstered by a California Supreme Court decision that Apple's off-the-clock employee bag searches counted as compensable work time.

  • February 14, 2020

    More Post-Gazette Unions Claim They Had 'Implied' Contracts

    Eleven weeks after a Pennsylvania federal judge ruled that the Pittsburgh Post-Gazette still had to follow the grievance and arbitration sections of a union's expired contract before laying off workers, other unions representing employees at the newspaper filed suit Thursday seeking similar treatment for a dispute over health care.

  • February 14, 2020

    Ex-College Prez Must Provide Data For Residence Inquiry

    A New Jersey state judge on Friday sharply warned that the ex-president of Essex County College must give the institution electronic tracking data related to where she lived while serving in that role, or she'll be cut from a suit alleging she and the college's former general counsel were fired in a retaliatory scheme.

  • February 14, 2020

    Ohio Board Tells In-House Attys Noncompetes Unethical

    The Ohio Board of Professional Conduct has issued an opinion that in-house attorneys cannot sign noncompete agreements that would restrict their practice of law after leaving the company they work for, saying that such an arrangement would both violate state ethics rules and be against the public interest.

  • February 14, 2020

    Motorola Wins $764M In Radio Trade Secret Trial

    Illinois federal jurors awarded Motorola Solutions LLC roughly $764 million Friday, finding Chinese rival Hytera Corp. infringed copyrights and misappropriated trade secrets to create and market a competing digital two-way radio.

  • February 14, 2020

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen ING take Santander to court; a corporate consultant sue asset managers and Nationwide, among others; and two Lloyd's syndicates prime an insurance dispute with a Syrian bank. Here, Law360 looks at those and other new claims in the U.K.​​​​​​​

  • February 13, 2020

    8th Circ. Sides With Iowa Dealership In Sex Discrimination Suit

    The Eighth Circuit ruled Thursday in favor of an Iowa used-car dealership accused of sex discrimination and retaliation, finding that a former sales associate hadn't alleged severe or pervasive enough behavior to affect her employment and also hadn't fully exhausted her administrative options before filing suit.

  • February 13, 2020

    Motorola Overshot With $764M Trade Secret Suit, Rival Says

    Motorola Solutions LLC cast too wide a net in its $764 million digital radio trade secret theft suit and is trying to pin a few employees' bad acts on an entire company, Chinese rival Hytera Corp. told Illinois federal jurors Thursday.

  • February 13, 2020

    Cupid In The Cubicles: 4 Valentine's Day Tips For Employers

    Office romances may be inevitable, but unrequited affection and soured relationships don't have to lead to litigation. This Valentine’s Day, Law360 looks at four ways employers can avoid legal heartbreak when Cupid visits the workplace.

  • February 13, 2020

    Pa. Court Weighs Law's Intent In Trans Name-Change Suit

    A Commonwealth Court of Pennsylvania panel wondered Thursday what legislators wanted to accomplish by barring certain felons from legally changing their names, as the court considered a case brought by three transgender women with convictions who were stuck with their male names.

Expert Analysis

  • Calif.'s Top Anti-SLAPP Appellate Rulings From Last Year

    Author Photo

    California’s anti-SLAPP statute remains one of the strongest laws protecting free speech in the nation — and last year, it was the focus of 42 published opinions and nearly 200 unpublished opinions from the state's appellate courts, says Thomas Burke of Davis Wright.

  • Foreign Cos. Beware: Motorola Case Expands DTSA's Reach

    Author Photo

    An Illinois federal court recently opened a pathway for domestic trade secret owners to seek civil relief for acts of misappropriation occurring abroad, potentially increasing foreign companies' litigation exposure, says Anand Patel of Paul Hastings.

  • Opinion

    Legal Prediction Is Demanding But Not Impossible

    Author Photo

    The New Jersey Supreme Court’s recent decision in Balducci v. Cige incorrectly concluded that predicting the length and cost of a case is nearly impossible, and overlooked artificial intelligence's ability to do so, says Joseph Avery with Claudius Legal Intelligence.

  • Back Pay Ruling Shows Nuanced Test For Extended Liability

    Author Photo

    An Ohio federal court’s recent decision in Santiago v. Meyer Tool demonstrates that the standard for determining extended back pay liability in wrongful termination cases may depend on why the employee left his subsequent job, and highlights a circuit split on the issue, say Lynn Kappelman and John Ayers-Mann at Seyfarth.

  • Origin Marking And Duty Preference Rules After USMCA

    Author Photo

    There are three changes the U.S.-Mexico-Canada Agreement makes to the North American Free Trade Agreement’s country-of-origin and preference provisions that may not get as much attention as other sections of the deal but are just as critical to any company doing business in the NAFTA region, say Craig Lewis and Molly Newell at Hogan Lovells.

  • Calif. Ruling Shows Issues With Overbroad Employment Pacts

    Author Photo

    The Los Angeles Superior Court’s recent decision in The Wrap News v. The Information demonstrates the limits of employee noncompete agreements in California, the distinct standards for protecting confidential information, and the importance of treating your employees well, says Todd Wulffson at Carothers DiSante.

  • 3 Employee-Friendly Updates In NY’s 2021 Budget Proposal

    Author Photo

    Reflecting an aggressive effort to pass pro-employee laws, several provisions in New York’s 2021 budget proposal would expand paid sick leave benefits, increase disclosure requirements for state contractors, and alter classification standards for gig economy workers, say attorneys at Morgan Lewis.

  • Understanding PE Employee Co-Investment Credit Facilities

    Excerpt from Lexis Practice Advisor
    Author Photo

    Co-investment lines can offer the financing needed to make employee investment an attractive benefit, filling a growing demand for additional liquidity and flexibility at the upper levels of a private equity fund's corporate structure, say attorneys at Haynes and Boone.

  • Malpractice Landscape Is Becoming Riskier For BigLaw

    Author Photo

    A recent survey of lawyers’ professional liability insurers revealed an increase in malpractice claims against law firms, suggesting clients will demand more accountability in the coming decade, say Gerald Klein and Amy Nguyen at Klein & Wilson.

  • What To Consider Before Using A Global Noncompete: Part 2

    Author Photo

    In the final installment of this article, Joseph Deng and Loic Coutelier at Baker McKenzie analyze how the enforcement of noncompete and nonsolicitation agreements differs from region to region in Europe, the Americas and Asia.

  • Series

    Judging A Book: Humetewa Reviews 'Guilty People'

    Author Photo

    In her new book, "Guilty People," Abbe Smith successfully conveys that seeing ourselves in people who commit crime may be the first step to exacting change in our justice system, says U.S. District Judge Diane Humetewa of the District of Arizona.

  • 7 Legal And Business Considerations For Influencer Marketing

    Author Photo

    Influencers, agencies, brands and their technology partners should formalize their marketing programs, policies and contract terms in order to comply with increased state and federal regulation, say Vejay Lalla and Shizuka Tiernan of Fenwick.

  • Federal-State Employment Law Divide Reveals Systemic Flaw

    Author Photo

    The current lack of synchrony between federal and state employment laws suggests a flaw in the system that is testing the limits of our democracy, says Hollie Reiminger at Fisher Phillips.

  • What To Consider Before Using A Global Noncompete: Part 1

    Author Photo

    In the first installment of this two-part article, Joseph Deng and Loic Coutelier at Baker McKenzie show there is no simple answer to whether or how multinational companies should impose employee noncompete agreements, and share the factors to examine before doing so.

  • What Employers Must Consider Before Allowing Weed At Work

    Author Photo

    Some employers with permissive alcohol policies are confronting whether to treat cannabis similarly as states legalize it, but they should first be mindful of any legal or contractual requirements and mitigate possible safety risks, say Jennifer Mora and Adam Young at Seyfarth.