Employment

  • December 05, 2023

    Ex-CEOs Must Face Claims They Pilfered Bioscience Co.'s IP

    Two former CEOs of Global Discovery Biosciences Corp. can't dodge claims that they cost the company an opportunity to develop new medical tests by siphoning the resources to another company, a Delaware Chancery Court judge has said.

  • December 05, 2023

    Denver City Atty's Office Agrees To End Race Bias Case

    The Denver City Attorney's Office struck a deal to end a lawsuit by two Black women who alleged they were paid less based on their race and discriminated against while the city's previous top lawyer failed to properly discipline attorneys' racist behavior, according to a filing Tuesday in Colorado federal court.

  • December 05, 2023

    Parties In Healthcare Antitrust Suit Told To List Depo Targets

    An Illinois federal court on Tuesday ordered DaVita Inc., a UnitedHealth Group unit and two of the unit's former senior employees to provide a list of people they seek to depose in an antitrust suit accusing the healthcare companies of an anti-competitive no-poach scheme.

  • December 05, 2023

    Seamen Seek To Revive Suit Over COVID-Infested Ship

    Seven crew members on a cruise to Antarctica that set off after the U.S. Centers for Disease Control and Prevention's no-sail order at the start of the COVID-19 pandemic urged the Eleventh Circuit on Tuesday to revive their suit against their employer, arguing the proper forum for the claims is Florida.

  • December 05, 2023

    6th Circ. Seems Split On Chrysler Worker's Firing Bias Suit

    The Sixth Circuit appeared to grapple Tuesday with a worker's push to revive his suit claiming Chrysler-maker FCA US LLC fired him because it saw him as disabled, with one judge seeking more detail from the worker and another pressing FCA on contradictory testimony.

  • December 05, 2023

    Judge Decries Obligation To Send Wage Suit To Arbitration

    A Massachusetts federal judge reluctantly shipped a wage dispute to arbitration, ruling that a former retail worker was not exempt from the Federal Arbitration Act while bemoaning his obligation to strip the worker of her access to the federal court system.

  • December 05, 2023

    Seyfarth Adds Ex-Goldman Sachs Benefits Atty As Partner

    Seyfarth Shaw LLP said Tuesday that it has added the longtime in-house legal chief over Goldman Sachs' executive compensation and employee benefit plans as a partner in the New York office.

  • December 05, 2023

    Chamber Sees 'Red Flags' In Joint Employer Transfer Bid

    The NLRB's attempt to transfer a suit over its new joint employer rule to the D.C. Circuit is a departure from precedent, the U.S. Chamber of Commerce and other business groups argued to a Texas federal judge, saying "red flags abound" with the agency's arguments.

  • December 05, 2023

    Abbott Labs Says Sales Exec Fired Due To Attitude, Not Age

    Abbott Laboratories told a New Jersey federal jury on Tuesday that a former sales director was terminated after over 20 years at the company because of his dismissiveness toward change and feedback on his work — not because of how old he was at the time.

  • December 05, 2023

    Jury Awards Man $50K In Retaliation Case Against Apparel Co.

    A New York federal jury awarded a $50,000 verdict to a man who represented himself in a retaliation case accusing his former employer, an apparel company, of firing him after he lodged two harassment complaints against a supervisor.

  • December 05, 2023

    6th Circ. Casts Skeptical Eye On Dykema's Age Bias Win

    The Sixth Circuit seemed likely to revive a former Dykema Gossett PLLC legal secretary's suit claiming she was terminated shortly after turning 50, with judges questioning Tuesday whether it's plausible that the ex-employee's manager was oblivious to age-based comments made about her subordinate.

  • December 05, 2023

    Ex-NJ Racetrack Cook Wants Retaliation Suit In State Court

    A New Jersey racetrack owner cannot remove a suit accusing it of terminating a line cook as retaliation for her reporting that her supervisor and former romantic partner assaulted her multiple times, the ex-employee said in her Tuesday motion arguing that her case belongs in state court.

  • December 05, 2023

    Mechanics Seek Class Status In Kuwait Forced-Labor Suit

    More than two dozen mechanics who worked for ManTech International Corp. are looking to certify their proposed class action accusing The Carlyle Group-owned military contractor of using them as forced labor to repair armored vehicles in Kuwait.

  • December 05, 2023

    Boston Globe May Get Limited Docs In Spat With Ousted Exec

    A judge on Tuesday hinted that the Boston Globe may be entitled to some but not all prior employment records of an ousted executive related to allegedly unapproved expenditures, as the newspaper fights claims of failing to pay wages and retaliation.

  • December 05, 2023

    Cos. Deny Liability For Nooses Found At Conn. Amazon Site

    Amazon.com Inc. wants out of a federal lawsuit filed by a group of electricians over the display of eight nooses at a Connecticut job site, arguing that the Black and Latino plaintiffs are suing under an anti-discrimination law that only applies when parties are under contract.

  • December 05, 2023

    Ethics Referral Of Trump Atty Met With Caution In NJ Case

    A New Jersey state judge will hear arguments in January on whether an allegedly fraudulent nondisclosure agreement between one of Donald Trump's golf clubs and a former server can stand, but he held off on tackling whether a Trump-associated attorney acted unethically in securing the NDA.

  • December 05, 2023

    Suspended Cannabis Regulator Wins Disciplinary Hearing Delay

    A Massachusetts state judge on Tuesday delayed a disciplinary hearing for the state's suspended cannabis regulator, finding it would be unfair to force her to defend herself in a "piecemeal" process while she lacked significant information about an ongoing investigation.

  • December 05, 2023

    6th Circ. Unmoved By Straight Worker's Demotion Bias Suit

    The Sixth Circuit backed the dismissal of a former worker's suit claiming she was denied a promotion and demoted by Ohio's Department of Youth Services for being straight, ruling that the lower court was right to find she needed more proof to establish a pattern of prejudice.

  • December 05, 2023

    2nd Circ. Doubts Broadway Producer's Union Blacklist Suit

    A Second Circuit panel appeared unlikely on Tuesday to revive an embattled Broadway producer's antitrust lawsuit challenging his placement on the Actors' Equity Association's "do not work" list, saying it seems clear that the union acted appropriately after actors alleged wage violations and a toxic work environment.

  • December 05, 2023

    H-2A Wages Rule Will Spike Illegal Immigration, 4th Circ. Told

    A U.S. Department of Labor rule regulating wages for H-2A workers would make foreign labor unaffordable for employers and increase illegal immigration, a group of ranches and farms told the Fourth Circuit, saying implementation of the rule should be halted.

  • December 05, 2023

    Married Attys To Face Off Against Judiciary In Their 1st Trial

    A former North Carolina federal public defender is preparing to try her own case accusing the judiciary of bungling an investigation into her sexual harassment claim, capping off a thorny litigation path that left her with only her husband as co-counsel after the abrupt departure of her legal team.

  • December 05, 2023

    Hospitality Groups Push For Visa Changes To Fill Labor Gap

    In the last of a three-part series focused on labor shortages, Law360 examines how immigration restrictions are hampering the hospitality industry's recovery from widespread layoffs and resignations during the COVID-19 pandemic.

  • December 04, 2023

    Abercrombie Ex-CEO Sues For Fees In NY Sex Trafficking Suit

    Abercrombie & Fitch's former CEO Michael Jeffries on Monday sued the apparel retailer in Delaware state court alleging it won't pay an advancement for fees he has incurred fending off a putative class action in New York accusing him of running a sex trafficking ring to abuse young male models.

  • December 04, 2023

    Justices Weigh Limits Of Possible Ruling Against SEC Courts

    While the U.S. Supreme Court recently expressed a willingness to declare the U.S. Securities and Exchange Commission's in-house court system unconstitutional, experts say some justices have shown a desire to keep their ruling from spilling over into the enforcement activities of federal agencies doling out Social Security benefits or punishing alleged tax cheats.

  • December 04, 2023

    Ga. Pizza Spot Says Driver's Wage Kickback Claims Too Vague

    A Georgia pizza delivery driver failed to estimate on-the-job costs he said he unjustly bore and thus failed to establish that unreimbursed expenses pushed his wages below the federal minimum rate, his former employer argued in a motion to dismiss a proposed collective action.

Expert Analysis

  • How New Expert Rules Are Already Changing Court Decisions

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    Though not formally effective until last week, some courts have been relying for several years on amended federal rules clarifying judges’ gatekeeping role, so counsel should be prepared to justify their expert witnesses’ methodologies and expect additional motion practice on expert testimony admissibility, say Colleen Kenney and Daniel Kelly at Sidley.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Business Takeaways From Biden's Global Labor Rights Memo

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    President Joe Biden's recent memorandum on protecting worker rights is one of the most expansive statements the administration has made regarding international labor rights policy, and reflects several points of which businesses should take note, including the government’s interest in working with the private sector on these issues and a notable focus on the transition to clean energy, say Tom Plotkin and Pegah Nabili at Covington.

  • 1st Circ. Ruling Helps Clarify Test For FLSA Admin Exemption

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    The First Circuit’s recent decision in Marcus v. American Contract Bridge League will help employers navigate the Fair Labor Standards Act's "general business operations" exemption and make the crucial and often confusing decision of whether white collar employees are overtime-exempt administrators or nonexempt frontline producers of products and services, says Mark Tabakman at Fox Rothschild.

  • Legal Lessons From Past World Cups To Keep In Mind For '26

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    The 2022 World Cup in Qatar and the 2023 Women's World Cup in Australia and New Zealand set new standards for sustainability, human rights and sponsorship — and with those new standards come new challenges for those involved in the planning of the 2026 World Cup in North America, say attorneys at Morgan Lewis.

  • 2nd Circ. Defamation Ruling May Chill NY Title IX Reports

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    The Second Circuit’s recent decision, holding accusers in Connecticut Title IX sexual misconduct cases are not immune to defamation claims, means that New York higher education institutions should reassess whether their disciplinary hearing procedures both protect due process and encourage victim and witness participation, says Nicole Donatich at Cullen and Dykman.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • How Color Psychology Can Help Tell Your Trial Narrative

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    Research shows that color is a powerful sensory input that affects memory and perception, so attorneys should understand how, when and why to use certain shades in trial graphics to enhance their narrative and draw jurors’ focus, says Adam Bloomberg at IMS Consulting.

  • A Look At Mass. Sports Betting Data Privacy Regulations

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    The Massachusetts Gaming Commission recently approved data privacy regulations under the state's sports wagering act to promote responsible gaming, showing a trend of regulators directing companies on how to protect personal information used by artificial intelligence systems, say Liisa Thomas and Kathryn Smith at Sheppard Mullin.

  • Title IX Grievance Rules Raise Due Process Questions

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    The U.S. Department of Education’s proposed Title IX regulations for campus disciplinary proceedings would ease the administrative burden on institutions, but raise fairness and due process questions that will likely lead to follow-on litigation, say Markus Funk and Christopher Wilkinson at Perkins Coie.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • How Employers Should Prep For NLRB, OSHA Collaboration

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    The National Labor Relations Board and the Occupational Safety and Health Administration’s recent announcement of increased interagency cooperation may suggest that each agency will be expanding its scope of inquiry moving forward, and signals that employers need to be prepared for inspections that implicate both OSHA and NLRB issues, say attorneys at Baker Donelson.

  • 3 Evolving Issues Shaping The College Sports Legal Playbook

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    Conference realignment will seem tame compared to the regulatory and policy developments likely to transform college sports in the near future, addressing questions surrounding the employment status of student-athletes, athlete compensation and transgender athletes, say attorneys at O'Melveny.

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