Employment

Expert Analysis

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

  

  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laws protecting free speech in the nation — and last year, it was the focus of 42 published opinions and nearly 200 unpublished opinions from the state's appellate courts, says Thomas Burke of Davis Wright.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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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'

  

  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

  

  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

  

  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

  

  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

  

  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.