Employment

  • October 29, 2024

    5th Circ. Revives Pilots Union's Dispute With Southwest

    The Fifth Circuit has revived a union's dispute with Southwest Airlines over alleged retaliation against a worker for his union activity and sent it back to Texas federal court, saying the legal fight qualifies for an exception to the Railway Labor Act's mandatory arbitration rule.

  • October 29, 2024

    Financial Firm Gets $1.4M Placeholder Against Adviser

    A Connecticut state court judge has granted a financial firm's bid for a nearly $1.4 million placeholder against an exiting financial adviser during ongoing FINRA arbitration, reasoning the firm has shown a likely chance of proving the adviser siphoned customers during a transition to a new broker-dealer.

  • October 29, 2024

    Ex-Boston University Law Prof Settles IP Suit With School

    A former Boston University School of Law instructor has settled a copyright infringement suit with the school that he filed in August accusing it of pilfering his course materials in violation of a prior settlement agreement.

  • October 29, 2024

    Delta Used TSA Program To Wrongfully Fire Worker, Suit Says

    Delta Air Lines was sued in Georgia federal court on Monday by a former ramp agent who alleged the company used a new Transportation Security Administration program to fire him for taking periodic medical leave to treat pulmonary embolisms, a heart attack and COVID-19.

  • October 29, 2024

    Military Reservist Not Exempt From Extra Pay, Justices Told

    Military reservists are owed top-up pay if they're called to serve during a war or national emergency, regardless of whether they're directly serving in those events, a U.S. Coast Guard reservist told the U.S. Supreme Court.

  • October 28, 2024

    Union Pacific Told To Face Injury Retrial With Reinstated Expert

    Railroad giant Union Pacific must face retrial against an injured worker after a California appeals court ruled that an expert with decades of rail experience but no formal accident-analysis training was wrongly blocked from telling a jury how a freight train behaves when starting up.

  • October 28, 2024

    Partner Sues Over Firm Breakup After $100M Conn. Verdict

    Ryan C. McKeen, the former CEO of a trial firm known for high-dollar verdicts, is wrongfully trying to arbitrate a dispute over the terms of the practice's breakup, his former law partner Andrew P. Garza alleged in a state court showdown between the two 50% owners and their families.

  • October 28, 2024

    Calif. High Court Says Judicial DQ Bids Must Be Timely

    The California Supreme Court on Monday held that an appellate court got it wrong by determining a timeliness requirement doesn't apply when a party alleges that a judge is disqualified due to bias, in a case that resulted in a $43.5 million judgment for hundreds of title company employees.

  • October 28, 2024

    NLRB Told To Study Starbucks Case In Newspaper Union Battle

    A Pennsylvania federal judge on Monday told National Labor Relations Board attorneys to bolster their bid to force the Pittsburgh Post-Gazette's publishers back to the bargaining table with striking unions, pointing out the higher bar the U.S. Supreme Court recently set for obtaining injunctions against employers over unfair labor practices. 

  • October 28, 2024

    Ex-Oracle Manager, Software Co. Face Trade Secrets Suit

    A new lawsuit by Oracle claims that a manager left the company for a competing venture-backed construction software tech outfit and "absconded with thousands of Oracle's trade secret[s]."

  • October 28, 2024

    Boston Pizzeria Owner Gets Over 8 Years In Forced Labor Row

    A Massachusetts federal judge sentenced the owner of a Boston pizzeria to 8½ years in prison after a jury in June convicted him for using physical abuse and threats of violence and deportation to control hourly foreign workers who lacked work authorization.

  • October 28, 2024

    Surge In Nicotine Fee Suits Shows Wellness Program Risks

    A recent crop of suits accusing large employers of violating nondiscrimination provisions in federal benefits law by making workers who use nicotine pay more for health insurance underscore the risk of using fees to offset healthcare costs, attorneys say. Here are five nicotine surcharge suits to keep an eye on.

  • October 28, 2024

    Colo. Judge: Attys Have Work To Do On Disability Acceptance

    A Colorado appeals court judge who co-founded the Colorado Disability Bar Association told a room of law students Monday that while the legal community has made progress on being inclusive of those with physical disabilities, work remains on accepting lawyers with "invisible disabilities" like mental health conditions, neurodivergence and chronic pain.

  • October 28, 2024

    Boeing Moves Ahead With $19B Share Sale Amid Cash Crunch

    Boeing launched plans Monday to sell common and preferred stock estimated to raise nearly $19 billion, potentially easing the aviation giant's cash crush amid a prolonged strike and production setbacks, represented by Kirkland & Ellis LLP and underwriters' counsel Davis Polk & Wardwell LLP.

  • October 28, 2024

    NY Suit Over Inaccurate Background Check Gets Dropped

    A man who lost a job opportunity with the Home Shopping Network after an allegedly faulty background check pinned him for cocaine trafficking instead of marijuana peddling agreed to drop his suit against the screening company.

  • October 28, 2024

    2nd Circ. Enforces NLRB Order Against Theater Co.

    The Second Circuit has enforced a National Labor Relations Board order compelling a theatrical production company to hand over certain documents to the Actors' Equity Association, saying Monday the company can't cite a concern that the union might publicize the information as a reason to withhold it.

  • October 28, 2024

    Yellow Corp. Says Failing Biz Excuses WARN Act Duty

    Bankrupt trucking firm Yellow Corp. told a Delaware judge Monday that it should get early wins in suits brought by laid off employees, saying that because the company had ceased most business operations, it was excused from notification obligations surrounding the firing of thousands of workers.

  • October 28, 2024

    DOD Settles Bias Suit Over 'Don't Ask, Don't Tell' Discharges

    The U.S. Department of Defense has reached a settlement in principle with a group of LGBTQ+ service members who sued the U.S. military in California federal court claiming veterans discharged under the former Don't Ask, Don't Tell policy, which banned non-heterosexual service members, continued to face discrimination.

  • October 28, 2024

    J. Crew Asks Court To Ratify Ex-GC's Arbitration Loss

    J. Crew is asking a New York federal judge to confirm an arbitrator's ruling from earlier this month that found it hadn't fired its former legal chief, Maria DiLorenzo, in retaliation for her complaints about colleagues' discriminatory comments about her hearing loss.

  • October 28, 2024

    Philly Attys Sued For Allegedly Botching Bias Lawsuit

    A malpractice suit filed in Philadelphia court alleges that attorneys at the Law Offices of Eric A. Shore did not properly manage a pair of federal employment discrimination cases for a power plant engineer, causing the dismissal of one complaint and a diminished jury verdict in the second.

  • October 28, 2024

    Pierson Ferdinand Hires Ex-Morris Manning L&E Atty

    Pierson Ferdinand LLP announced Monday that a former Morris Manning & Martin LLP attorney whose practice spans litigation, human resources counseling and transactional work is the latest addition to its employment, labor and benefits practice.

  • October 28, 2024

    Medical Laser Co. Seeks Multiplier For Rival's 'Deceitful' Raid

    A medical laser company has asked a Boston federal judge to double or triple its $25 million verdict against a rival firm — and tack on attorney fees and $6.8 million in interest — for a "calculated and deceitful corporate raid" on its sales workforce.

  • October 28, 2024

    Fired Exec Says TikTok Can't Force Bias Suit Into Arbitration

    A fired TikTok marketing executive told a New York federal court the company can't short-circuit her suit claiming her age and gender landed her on a company "kill list," arguing that her case is protected by a law curbing mandatory arbitration because it includes sexual harassment allegations.

  • October 28, 2024

    Farm Co. Can't Push Worker's Wage Suit To Arbitration

    A California appeals court refused to send to arbitration a farm laborer's suit accusing a farm labor contractor of shorting workers on wages, saying the company can't rely on an arbitration pact that one of its clients signed with the workers.

  • October 25, 2024

    5th Circ. Punts Musk Tweet Lawfulness, But Axes NLRB Order

    An en banc Fifth Circuit majority on Friday overturned a National Labor Relations Board decision that a tweet Tesla CEO Elon Musk sent during a United Auto Workers unionization campaign violated federal labor law, while the court's dissenting members criticized the majority's decision as "logically incoherent."

Expert Analysis

  • Conn. Court Split May Lead To Vertical Forum Shopping

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    As shown by a recent ruling in State v. Exxon Mobil, Connecticut state and federal courts are split on personal jurisdiction, and until the Connecticut Supreme Court steps in, parties may be incentivized to forum shop, causing foreign entities to endure costly litigation and uncertain liability, says Matthew Gibbons at Shipman & Goodwin.

  • Mental Health First Aid: A Brief Primer For Attorneys

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    Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.

  • Licensing And Protections For Voice Actors In The Age Of AI

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    While two recently enacted California laws and other recent state and federal legislation largely focus on protecting actors and musicians from the unauthorized use of their digital likenesses by generative artificial intelligence systems, the lesser-known community of professional voice actors also stands to benefit, says attorney Scott Mortman.

  • How The Tide Of EEOC Litigation Rolled Back In FY 2024

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    An analysis of the location, timing and underlying claims asserted in U.S. Equal Employment Opportunity Commission-initiated cases during fiscal year 2024 shows that the commission saw a substantial decrease in litigation activity after a surge last year, but employers should not drop their guard, say Christopher DeGroff and Andrew Scroggins at Seyfarth.

  • Series

    Collecting Art Makes Me A Better Lawyer

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    The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.

  • Using Primacy And Recency Effects In Opening Statements

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    By understanding and strategically employing the primacy and recency effects in opening statements, attorneys can significantly enhance their persuasive impact, ensuring that their narrative is both compelling and memorable from the outset, says Bill Kanasky at Courtroom Sciences.

  • Secret Service Failures Offer Lessons For Private Sector GCs

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    The Secret Service’s problematic response to two assassination attempts against former President Donald Trump this summer provides a crash course for general counsel on how not to handle crisis communications, says Keith Nahigian at Nahigian Strategies.

  • A Primer On Navigating The Conrad 30 Immigration Program

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    As the Conrad 30 program opens its annual window to help place immigrant physicians in medically underserved areas, employers and physicians engaged in the process must carefully understand the program's nuanced requirements, say Andrew Desposito and Greg Berk at Sheppard Mullin.

  • How Cos. Can Protect Supply Chains During The Port Strike

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    With dock workers at ports along the East and Gulf Coasts launching a strike that will likely cause severe supply chain disruptions, there are several steps exporters and importers can take to protect their businesses and mitigate increased costs, say attorneys at Thompson Hine.

  • Litigation Inspiration: Honoring Your Learned Profession

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    About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.

  • 4 Ways To Prepare For DOD Cyber Certification Rule

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    Given the U.S. Department of Justice's increased scrutiny of contractor compliance with cybersecurity requirements, it is critical that contractors take certain steps now in response to the U.S. Department of Defense's proposed Cybersecurity Maturity Model Certification implementation rule, say Townsend Bourne and Lillia Damalouji at Sheppard Mullin.

  • Opinion

    AI May Limit Key Learning Opportunities For Young Attorneys

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    The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.

  • Key Takeaways From DOJ's New Corp. Compliance Guidance

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    The U.S. Department of Justice’s updated guidance to federal prosecutors on evaluating corporate compliance programs addresses how entities manage new technology-related risks and expands on preexisting policies, providing key insights for companies about increasing regulatory expectations, say attorneys at Debevoise.

  • The Key Changes In Revised FDIC Hiring Regulations

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    Attorneys at Ogletree break down the Federal Deposit Insurance Corp.'s new rule, effective Oct. 1, that will ease restrictions on financial institutions hiring employees with criminal histories, amend the FDIC's treatment of minor offenses and clarify its stance on expunged or dismissed criminal records.

  • Class Actions At The Circuit Courts: September Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from four recent class certification rulings involving denial of Medicare reimbursements, automobile insurance disputes, veterans' rights and automobile defects.

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