Employment

  • August 11, 2020

    Ex-SoulCycle Exec Says COVID-19 Used As Pretext To Fire Her

    A former SoulCycle executive accused the company Tuesday in New York federal court of offering "shifting, nebulous excuses" for retaliating against her for taking maternity leave, before finally landing on the COVID-19 pandemic as pretext to illegally fire her.

  • August 11, 2020

    Pinterest's Ex-COO Says Gender Bias Led To Her Firing

    When Pinterest's former chief operating officer complained that she endured demeaning sexist comments in the workplace, was paid less than her male peers and was criticized for being outspoken, the company illegally fired her, according to a lawsuit filed in California state court Tuesday.

  • August 11, 2020

    NCAA Football Players Wield Collective Power Amid Virus

    As the major NCAA conferences consider canceling or postponing the football season due to the spread of COVID-19, players across the country have banded together to push for universal health protections as part of an unprecedented collective uprising that could ultimately shift the balance of power toward college athletes.

  • August 11, 2020

    Tesla Wants Ex-Worker Sanctioned For Tweeting Inside Info

    Tesla on Monday urged a Nevada federal court to sanction a former employee accused of stealing and leaking confidential information, claiming in an emergency motion that he has now shared his case file containing thousands of confidential documents on Twitter and posted "rambling YouTube videos mocking his own lawyers."

  • August 11, 2020

    Strip Club Hit With $354K Verdict In Pioneering Zoom Trial

    The nation's first fully remote jury trial with a binding verdict ended with a $354,000 award for a strip club dancer who said she was beaten by the club's bouncers, although the judge and other court personnel expressed doubts Tuesday about whether Zoom teleconference proceedings can really replace in-person trials.

  • August 11, 2020

    Seyfarth Nabs Reed Smith Labor Relations Partner

    Seyfarth Shaw has expanded its team in Chicago and Los Angeles with the addition of a partner who specializes in labor relations, especially in the hospitality, health care, transportation and construction sectors.

  • August 11, 2020

    Fed Workers' Union Slams Limiting Asylum Over Health Fears

    A federal immigration workers' union slammed the Trump administration's proposed rule for limiting asylum during public health emergencies, saying that the policy would prevent immigrants who have legitimate fears of persecution from obtaining shelter in the U.S.

  • August 11, 2020

    NJ City Fights Suit By Ex-Judge Accused Of Being Drunk

    Newark, New Jersey, officials urged a federal court on Tuesday to toss a former municipal judge's lawsuit alleging she lost her job because she was falsely accused of being drunk at work, arguing that she wasn't fired but rather lawfully replaced after her term expired.

  • August 11, 2020

    Steel Prep Co. Can't Duck NLRB's Pension Ruling At 9th Circ.

    A divided Ninth Circuit on Tuesday backed the National Labor Relations Board's finding that a Bay Area steel preservation company committed an unfair labor practice when it slashed contributions to a union pension fund without first bargaining with its workers' union.

  • August 11, 2020

    4 Takeaways From Uber, Lyft's Worker Classification Loss

    The San Francisco Superior Court's ruling Monday that Uber and Lyft must treat their drivers as employees under California law represents a seismic shift in a sprawling legal battle over how to classify workers in the gig economy. Here, Law360 looks at four takeaways from the pivotal decision.

  • August 11, 2020

    Mass. Cannabis Facility Workers Vote To Unionize With UFCW

    Workers at an agricultural facility for Cultivate Holdings LLC in Massachusetts, which supplies dispensaries in the greater Boston area, voted to unionize Tuesday with a local affiliate of the United Food and Commercial Workers Union.

  • August 11, 2020

    Ex-Conn. Health Official Claims Firing Was Result Of Bias

    Connecticut's former top public health official has claimed that she was fired because she is Black and a woman, saying she was stripped of her role while the state was in the middle of dealing with the COVID-19 pandemic.

  • August 11, 2020

    3rd Circ. Won't Revive Fired Amtrak Foreman's Race Bias Suit

    The Third Circuit upheld Amtrak's win in a suit filed by a Black former track foreman who said the railroad punished him more harshly than a white colleague for their roles in a crash that killed two workers, finding that his missteps contributed to the fatal derailment.

  • August 11, 2020

    New Latham Partner Says It's 'Back To Biz' For Emerging Cos.

    Latham's latest addition to its emerging companies practice expects the sector to maintain its current rapid pace in 2020 as budding enterprises and their backers find creative ways to navigate the coronavirus pandemic.

  • August 11, 2020

    Supreme Court Won't Halt NCAA Education Benefits Ruling

    The U.S. Supreme Court on Tuesday refused the NCAA's request to stay a ruling striking down the organization's limits on what education-related benefits schools can provide to athletes.

  • August 11, 2020

    Builder's $3M Deal In Worker Death Not Covered, 9th Circ. Told

    An insurer at Lloyd's of London urged the Ninth Circuit on Monday to affirm it is not liable for a developer's $3.5 million settlement over the death of a subcontractor's employee, saying the worker's parents' claims against the insurer are barred by their prior settlement with the developer's insurance policy administrator.

  • August 11, 2020

    Air Ambulance Co. Beats Paramedic OT Suit After $3M Deal

    A Missouri federal judge has thrown out a proposed class action brought by a former flight paramedic who claimed Air Evac EMS Inc. shorted him on overtime, saying he was covered by a $2.95 million settlement in Kentucky.

  • August 11, 2020

    Ex-Twin Peaks Workers Say Restaurants Run Like A 'Sex Ring'

    Dozens of former employees of Twin Peaks, a restaurant chain known for waitstaff who wear revealing clothing, filed an amended complaint in Illinois federal court claiming the business' practice of picking apart women's bodies and its scanty uniform requirements are "torn from a pimp's playbook."

  • August 11, 2020

    Watchdog Flags Gaps In DOL Virus Leave Law Enforcement

    A U.S. Department of Labor auditor reported Tuesday that a number of issues plague the agency's ability to enforce an emergency virus leave law, including the lack of on-site probes, the department's controversially broad take on the law's exemptions, and faulty data backing its rules.

  • August 11, 2020

    Ill. Cafe Workers Want $1M In Atty Fees From Privacy Deal

    A class of Illinois cafe chain employees who've settled biometric privacy claims against their employer asked a federal judge Monday to award their lawyers more than $1 million in fees and costs from their revised $3.2 million deal.

  • August 11, 2020

    Fired Finance Exec Must Face Trade Secrets Suit

    A New Jersey federal judge says Bramshill Investments can pursue claims that a former executive stole trade secrets by sending investor lists and other confidential material from a company email account to her email account at a competing business.

  • August 11, 2020

    Ex-BNY Mellon Exec Fights Bid To Ax Firing Suit

    A former executive of a Bank of New York Mellon Corp. investment unit asked a New York federal judge Monday to reject the company's bid to dismiss his suit alleging he is owed $16 million after he was fired in retaliation for blowing the whistle on possibly unlawful business activities.

  • August 11, 2020

    Boeing Rips Southwest Flight Attendants' 737 Max Safety Suit

    Boeing told an Illinois federal judge that Southwest Airlines flight attendants suing to recover lost wages from the 737 Max's global grounding have made far-fetched claims that Boeing overhyped the jets' safety and locked Southwest, one of its most loyal airline customers, into rigid contracts.

  • August 10, 2020

    Ex-Bloomberg Reporter Slams Newsroom As Sexist, Racist

    A former news reporter for Bloomberg LP tore into the news organization Sunday for its allegedly sexist and racist culture, claiming in a proposed class action lodged in New York state court that she was denied advancement opportunities and exploited as a "diversity pawn" for its business and journalistic gain.

  • August 10, 2020

    MGM Units, Vegas Unions End COVID-19 Dispute

    Las Vegas casino unions and MGM Resorts announced on Monday that they have resolved a dispute centering on allegations that the resorts' "unreasonable" COVID-19 rules didn't protect employees.

Expert Analysis

  • BIPA Suits Against 3rd-Party Vendors Face Numerous Hurdles

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    Two recent Illinois federal court opinions concerning Illinois’ Biometric Information Privacy Act claims against third-party vendors raise questions about the statute’s jurisdictional reach outside the state and whether disclosing biometric data to a vendor constitutes actual injury, say Karen Borg and Al Fowerbaugh at Porter Wright.

  • Lesser-Known Litigation Funding Best Practices For Attorneys

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    Following the American Bar Association's recent publication of third-party litigation funding guidance, Jiamie Chen and Dai Wai Chin Feman at Parabellum Capital outline some additional considerations, including the ethical limitations on single-case funding and the futility of economic prenegotiations between attorneys and their clients.

  • Virus Layoffs May Be A Damages Defense In Calif. Bias Cases

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    California companies facing Fair Employment and Housing Act claims from employees laid off due to COVID-19 may be able to rely on a defense that dismisses damages liability with proof that the same termination decision would have been made based on nondiscriminatory reasons, says Chris Moores at Sloan Sakai.

  • Opinion

    ADA Protects Lawyers With Disabilities, But We Must Do More

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    As an attorney with cerebral palsy, Danielle Liebl at Reed Smith says that while the 30-year-old Americans with Disabilities Act has protected her against discrimination, the legal industry must do more to accommodate lawyers with disabilities and make them more comfortable in self-identifying.

  • Calif. Employers May See COVID-19 Safety Citations Soon

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    The California governor’s recent directive explaining efforts to strategically enforce COVID-19 workplace safety guidelines indicates a high likelihood that the state’s Division of Occupational Safety and Health will issue employer citations for serious violations in the near future, says Thomas Song at Carothers DiSante.

  • Perspectives

    Legal Deserts Threaten Justice In Rural America

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    Many small towns and rural counties have few lawyers or none at all, which threatens the notion of justice for all Americans and demands creative solutions from legislators, bar associations and law schools, says Patricia Refo, president of the American Bar Association.

  • CFAA Decision May Raise Bar On Scraping Liability

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    A D.C. federal court recently held in Sandvig v. Barr that the Computer Fraud and Abuse Act does not prohibit scraping publicly accessible portions of a website, even when doing so violates the website's terms of service, which is similar to the Ninth Circuit's 2019 hiQ v. LinkedIn decision and may influence scraping law in the coming years, say attorneys at ​​​​Perkins Coie.

  • 1st Circ. Ruling Complicates Gig Worker Arbitration Pacts

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    The First Circuit’s recent ruling that Amazon delivery drivers are exempt from the Federal Arbitration Act opens the door to patchwork state enforcement, and will likely force gig economy employers to reevaluate arbitration agreements and class action waivers, say Christopher Feudo and Christian Garcia at Foley Hoag.

  • Analyzing Upward And Downward Trends In Legal Tech

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    Advances in legal technology are often accompanied by bombastic overstatements, but it is important to separate the wheat from the chaff by looking at where various technologies stand on the hype curve, says Lance Eliot at Stanford Law School.

  • Health Providers Should Beware FCA Risks Of COVID-19 Aid

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    Health care providers accepting pandemic aid from the Public Health and Social Services Emergency Fund or Paycheck Protection Program should take steps to protect themselves from criminal and civil exposure under the False Claims Act, even if they receive the funds automatically, say attorneys at Orrick.

  • Employer Next Steps After Court Guts DOL Virus Leave Rule

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    Following a New York federal court’s decision Monday to invalidate parts of a U.S. Department of Labor rule limiting who can take paid sick or expanded family COVID-19 leave, employers may need to adjust determinations related to work availability, health care capabilities, intermittent leave and documentation, says Susan Harthill at Morgan Lewis.

  • Lessons From Novartis' $678M Speaker Program Settlement

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    Novartis' recent $678 million deal with the U.S. Department of Justice, settling allegations that the company's physician-led speaker programs violated the Anti-Kickback Statute, sheds light on arguably the highest-risk marketing practice in the life sciences industry and steps companies can take to avoid DOJ ire, say attorneys at Skadden.

  • What A Biden Administration Could Mean For Employers

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    Presumptive Democratic presidential nominee Joe Biden’s labor and employment policy initiatives would strengthen unions and increase employer mandates, but some policies could benefit companies by creating broader workforce access and supporting retention of existing workers, says Anthony Oncidi at Proskauer.

  • Opinion

    ABA's New Guidance On Litigation Funding Misses The Mark

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    The American Bar Association should revise its recently approved best practices on third-party litigation funding as they do not reflect how legal finance actually works and could create confusion among lawyers, says Andrew Cohen at Burford Capital.

  • 3 Cases Spotlight Shareholder Interest In Public Co. Diversity

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    Recent derivative claims filed in a California federal court over diversity and inclusion shortcomings at Oracle, Facebook and Qualcomm demonstrate shareholder willingness to hold directors and officers accountable for public companies' failure to deliver on environmental, social and governance commitments, say attorneys at Cleary.

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