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Employment
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September 05, 2024
2nd Circ. Chilly To Mortgage-Backed Securities ERISA Suit
The Second Circuit appeared unlikely Thursday to revive a union pension fund's suit looking to hold Wells Fargo and Ocwen Financial Corp. liable for losses on mortgage-backed securities, with two judges signaling the risky loans the fund sued over might not be covered by federal benefits law.
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September 05, 2024
Marvel Illegally Coerced Silence, 'X-Men '97' Writer Says
Former "X-Men '97" series head writer has hit Marvel Animation Studio LLC with a lawsuit in California state court, seeking to invalidate a nondisparagement provision he claims Marvel coerced him into signing amid his alleged "forced ouster" this year.
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September 05, 2024
Ahmaud Arbery's Mother Agrees To Dismiss One Of The Killers
The mother of Ahmaud Arbery, a Black man who was murdered by three white men while jogging in coastal Georgia over four years ago, on Thursday dropped one of her son's killers from a civil suit over his killing and the subsequent investigation.
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September 05, 2024
11th Circ. Revives White Miami-Dade Ex-Worker's Bias Suit
The Eleventh Circuit reinstated a white policy director's suit Thursday claiming he was canned by Miami-Dade County because of age and racial bias, ruling a trial court jumped the gun by tossing his case before he was given the chance to collect proof.
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September 05, 2024
Attys' Group Urges Justices To Back Trucker's CBD RICO Suit
The American Association for Justice is urging the Supreme Court to side with a trucker whose racketeering claims against CBD companies allege their false advertisements cost him his job, arguing that the plain text of the Racketeer Influenced and Corrupt Organizations Act allows his claims of injury to "business or property."
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September 05, 2024
Liberty Mutual Settles Call Center Workers' Pay Complaint
A Massachusetts federal judge on Wednesday signed off on a settlement between Liberty Mutual and a group of workers at a call center in Pennsylvania over allegations the insurer forced the employees to perform various tasks before and after their shifts without pay.
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September 05, 2024
Ex-Defender Wants Judge To Reassess Judiciary Bias Ruling
A former assistant public defender in North Carolina has asked a Massachusetts federal judge to reconsider his bench ruling siding with the federal judiciary in her due process and equal protection case, saying the facts all point in her favor and the judge misapplied the law in rendering his decision.
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September 05, 2024
New Weinstein Charges Loom In NY As Women Step Forward
A New York state grand jury may indict Harvey Weinstein for additional sex crimes as soon as Friday based on allegations from three new complaining witnesses, a source familiar with the proceedings told Law360.
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September 05, 2024
Calif. City Lodges Sick Leave Suit Against Southwest
Southwest Airlines failed to restore the paid sick hours to workers as part of a settlement it reached with the city of Oakland in 2020 and denied employees their right to take sick leave, the city said in a complaint in California state court.
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September 05, 2024
7-Eleven Owners Not Company Workers, Mass. Justices Say
The top court in Massachusetts ruled Thursday that 7-Eleven franchise owners aren't employees because they don't perform services for the corporation that licensed them the franchises.
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September 05, 2024
UGA Settles With Football Staffer Hurt In Fatal '23 Crash
The University of Georgia Athletic Association and a former football program staffer have settled her lawsuit over the school's alleged role in a fatal January 2023 crash that killed a football player and another staff member, according to Georgia state court filings.
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September 04, 2024
Leech Tishman Combines With Calif. Firm Nelson Hardiman
Leech Tishman is set to add California-based healthcare and life science law firm Nelson Hardiman's 17 attorneys to its Los Angeles office this fall and will do business in the Golden State under the combined name Leech Tishman Nelson Hardiman, the firm announced Tuesday.
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September 04, 2024
SEC Fines NJ Financial Cos. For Whistleblowing Violations
New Jersey-based brokerage Nationwide Planning Associates Inc. and two affiliated investment advisers have agreed to collectively pay $240,000 to settle allegations that they prevented their clients from acting as whistleblowers, the U.S. Securities and Exchange Commission announced Wednesday.
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September 04, 2024
Judge Recommends Not Tossing Ex-UMiami Doctor's Bias Suit
A Florida federal magistrate judge has recommended against dismissing a suit by a former University of Miami surgery chair who says she was discriminated against because of her race and gender and terminated because she complained about it.
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September 04, 2024
Nonsolicits Don't Need Geographic Terms, Ga. Justices Say
The Supreme Court of Georgia said on Wednesday that restrictive covenants don't need to contain an explicit territorial component for them to be deemed reasonable under state law, reviving a marketing organization's attempt to enforce a nonsolicitation provision in its contracts with independent agents.
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September 04, 2024
4th Circ. Sets Legal Hemp Standard In THC Firing Case
A split Fourth Circuit panel on Wednesday set a standard for the legality of hemp products, although it still found that a real estate company worker claiming she was illegally fired for testing positive for a THC substance didn't back her disability bias claims.
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September 04, 2024
Navajo Nation President Buu Nygren Facing Recall Petition
A committee focused on removing Navajo Nation President Buu Nygren from office has filed a recall affidavit with the tribe's election administration – a move those behind the effort described as the first of its kind for the nation — amid allegations of breach of fiduciary duty and misconduct, among others.
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September 04, 2024
Marathon Faces Wrongful Death Suit Over Refinery Explosion
The family of a Texas machinist who burned to death in a refinery explosion is suing Marathon Petroleum Co. and others, claiming their shoddy build, maintenance and management of the facility caused the catastrophic failure.
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September 04, 2024
UBH Wins On Parity In Family's Mental Health Benefits Fight
A Utah federal judge has handed mixed results to United Behavioral Health and a father whose child was partially denied coverage for mental health treatment at two residential treatment centers.
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September 04, 2024
3rd Circ. Revives Machinery Worker's Disability Bias Suit
The Third Circuit reopened a former machinery worker's lawsuit alleging he was fired because he requested light-duty assignments following an on-the-job back injury, saying Wednesday a trial court used an outdated standard to conclude that federal law didn't consider his temporary pain a disability.
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September 04, 2024
Warner Music, Atlantic Beat Suit Over Alleged Abuse In 1980s
A New York state judge released Warner Music Group and Atlantic Records from a suit claiming their negligence allowed Atlantic's then-CEO to sexually assault the plaintiff in the 1980s and that they violated their duty of care by failing to fire him, finding the entities didn't exist at the time.
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September 04, 2024
Ex-CEO Sues Ferry Co.'s Private-Equity Buyer
The former CEO of a company that operates a ferry service has told a Michigan federal court that he was wrongly terminated and then badmouthed by the company's new private-equity owners.
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September 04, 2024
NC Biz Court Bulletin: Blackbeard IP Fight, Firm Data Breach
As summer winds down, the North Carolina Business Court tackled usage rights pertaining to footage and artifacts from Blackbeard's shipwreck while grappling with uncovering the details of a cyberattack that exposed the data of Cadwalader Wickersham & Taft LLP. In case you missed those and others, here are the highlights.
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September 04, 2024
LinkedIn Speech Not Covered By Labor Law, 5th Circ. Told
A logistics company told a Fifth Circuit panel during oral arguments Wednesday that an employee who was fired for allegedly disparaging comments made over LinkedIn wasn't protected under labor law, although the panel pointed out that an employee can take protected wage complaints to outside parties.
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September 04, 2024
Amazon Says Too Many Differences Among Driver Class
Amazon urged a Washington federal court to reject class certification in a delivery driver's lawsuit alleging he was misclassified as an independent contractor, saying there are too many differences among these drivers to warrant class treatment.
Expert Analysis
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Preparing For The NLRB's New Union Recognition Final Rule
The National Labor Relations Board's impending new final rule on union recognition puts the employer at a particular disadvantage in a decertification election, and best practices include conducting workplace assessments to identify and proactively address employee issues, say Louis Cannon and Gerald Bradner at Baker Donelson.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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OSHA Workplace Violence Citation Highlights Mitigation Steps
The Occupational Safety and Health Administration's recent citation against behavioral health company Circles of Care sheds light on the enforcement risks companies may face for failing to prevent workplace violence, and is a reminder of the concrete steps that can help improve workplace safety, say attorneys at Benesch.
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From Muppet Heads To OJ's Glove: How To Use Props At Trial
Demonstrative graphics have become so commonplace in the courtroom that jurors may start to find them boring, but attorneys can keep jurors engaged and improve their recall by effectively using physical props at trial, says Clint Townson at Townson Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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Why DOJ's Whistleblower Program May Have Limited Impact
The U.S. Department of Justice’s new whistleblower pilot program aims to incentivize individuals to report corporate misconduct, but the program's effectiveness may be undercut by its differences from other federal agencies’ whistleblower programs and its interplay with other DOJ policies, say attorneys at Milbank.
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CFPB's Earned Wage Access Rule Marks Regulatory Shift
The Consumer Financial Protection Bureau's newly issued interpretive rule on earned wage access products, classifying them as extensions of credit, marks a significant shift in their regulatory landscape and raises some important questions regarding potential fringe cases and legal challenges, say Erin Bryan and Courina Yulisa at Dorsey & Whitney.
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How Calif. Justices' Prop 22 Ruling Affects The Gig Industry
The California Supreme Court's recent upholding of Proposition 22 clarifies that Uber, Lyft, DoorDash and other companies in the gig industry can legally classify their drivers as independent contractors, but it falls short of concluding some important regulatory battles in the state, says Mark Spring at CDF Labor.
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Takeaways From Virginia's $2B Trade Secrets Verdict Reversal
The Virginia Court of Appeals' recent reversal of the $2 billion damages award in Pegasystems v. Appian underscores the claimant's burden to show damages causation and highlights how an evidentiary ruling could lead to reversible error, say John Lanham and Kamran Jamil at Morrison Foerster.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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Employers Face Uncertainty After Calif. Justices' Slur Ruling
In Bailey v. San Francisco District Attorney's Office, the California Supreme Court recently ruled that a singular use of a racial slur may be sufficiently severe to support a hostile work environment claim, leaving employers to speculate about what sort of comments or conduct will meet this new standard going forward, says Stephanie Roeser at Manatt.
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9th Circ. Ruling Flags Work Harassment Risks Of Social Media
The recent Ninth Circuit ruling in Okonowsky v. Garland, holding an employer could be liable for a co-worker's harassing social media posts, highlights new challenges in technology-centered and remote workplaces, and underscores an employer's obligation to prevent hostile environments wherever their employees clock in, say Jennifer Lada and Phillip Schreiber at Holland & Knight.
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2 Vital Trial Principles Endure Amid Tech Advances
Progress in trial technologies in the last 10 years has been transformative for courtroom presentations, but two core communication axioms are still relevant in today's world of drone footage evidence and 3D animations, say Adam Bloomberg and Lisa Walters at IMS Legal Strategies.