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Employment
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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because he requested light-duty assignments following an on-the-job back injury, saying Wednesday a trial court used an outdated standard to conclude that federal law didn't consider his temporary pain a disability.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.
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September 04, 2024
Ex-Twitter Worker Class Conditionally Certified In Age Bias Suit
A California federal judge has conditionally certified a collective action on behalf of former Twitter workers aged 50 and older who were fired after Elon Musk acquired the company, saying while this isn't the stage "to weigh the evidence," the complaint shows "beyond mere speculation" Twitter may have discriminated against older employees.
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September 04, 2024
Polsinelli Adds Ex-Alston & Bird Litigator To LA Office
Polsinelli PC announced Tuesday that it is continuing to expand its litigation bench by adding an experienced trial attorney as a principal to the firm's Los Angeles office.
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September 04, 2024
2nd Circ. Hears Unvaxxed NY Judge's 'Exile' Challenge
A Second Circuit panel on Wednesday voiced some skepticism of a bid to revive a New York state judge's lawsuit over his "exile" after he failed to get a religious exemption from the court system's COVID-19 vaccine mandate.
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September 04, 2024
4th Circ. Says Trade Secrets Verdict Wrongly Based On Va. Law
The Fourth Circuit wants a Virginia federal court to take another crack at a trade secrets dispute brought by an industrial equipment supplier against a former employee who founded and operated two competitors while working for it, concluding a jury's verdict was based on the wrong laws.
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September 04, 2024
Ex-NFLers Seek Class Cert. To Challenge 'Sham' Benefits
Former NFL players suing the league's disability plan for denying them benefits have asked a Maryland federal judge to certify a vast class of aggrieved ex-pros, excoriating the "sham claims process" that left them out in the cold.
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September 04, 2024
NLRB Says Deference Not Needed In Solo Protest Case
The U.S. Supreme Court's recent decision abandoning its long-standing deference to administrative agencies should not affect the Third Circuit's review of a National Labor Relations Board order broadening when individual employees engage in protected actions, the agency argued in a brief to the appeals court.
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September 04, 2024
McElroy Deutsch's Former CFO Fights Bid To Sink Ch. 11 Case
The currently incarcerated former chief financial officer for McElroy Deutsch Mulvaney & Carpenter LLP denied that his Chapter 11 filing was a bad faith maneuver meant to stall ongoing civil litigation, claiming instead that the bankruptcy will allow for the liquidation of property for the benefit of creditors.
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September 04, 2024
Fla. Builder Can't Escape Former In-House Atty's Suit
A Florida federal magistrate judge has rejected a development company's bid to escape a wrongful termination lawsuit brought by its onetime in-house counsel, saying that enough has been pled to overcome the dismissal request.
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September 04, 2024
Wash. Contractors Must Face Suit Over Off-Site Death
A Washington appeals panel has revived a wrongful death suit alleging a contractor and subcontractor are responsible for the death of a worker in a forklift accident, saying they may have had a duty to the worker even though the accident didn't happen on the worksite itself.
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September 04, 2024
Ex-Mass. Pol 'A Little Sloppy' But Not Criminal, Jurors Told
Former Massachusetts state Sen. Dean A. Tran denied charges Wednesday that he stole pandemic unemployment assistance and cheated on his taxes, with his attorney telling a jury that Tran simply made a series of paperwork "mistakes."
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September 04, 2024
Cos. Tell High Court Biden Can't Hike Contractors' Min. Wage
The Tenth Circuit pushed the borders of the Procurement Act too much when it blessed President Joe Biden's decision to increase federal contractors' hourly minimum wage, two outdoor groups told the U.S. Supreme Court, arguing that the law doesn't authorize wage increases.
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September 04, 2024
Concrete Co. Owes Workers $370K, Wash. Panel Says
A Washington appeals court refused to overturn a state agency's determination that a concrete company owes workers more than $370,000 in wages for working at a disposal site, saying the work was sufficiently related to a public works project to trigger the state's prevailing wage law.
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September 03, 2024
Ex-VP Says Health Co. Tried To Call Firing Retirement
A former vice president and chief human resources officer for The Elevance Health Companies Inc. claims it terminated his employment to hire a substantially younger person and tried to call it a retirement, according to an age discrimination suit filed in a Georgia federal court Tuesday.
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September 03, 2024
Ivy Leaguers Withdraw Opposition To NCAA's $2B NIL Deal
Two Brown University athletes have withdrawn their opposition to the NCAA's proposed $2.78 billion name, image and likeness settlement, telling a federal judge in California on Tuesday that they've been assured it will not impact their own antitrust case against several Ivy League schools.
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September 03, 2024
Seattle Court Accused Of Fostering Racist, Hostile Workplace
An African American former employee at the Seattle Municipal Court has alleged that she was the target of racist and sexist comments and that a court administrator falsely claimed in a courtwide email that she had been arrested and charged with a serious crime when she was on sick leave.
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September 03, 2024
Retailer Says No Good Faith In Worker's Wash. Pay Range Suit
Retailer Aaron's urged a Washington state court to throw out a job applicant's proposed class action accusing it of failing to post salary ranges in job advertisements, saying the worker's 15 other similar lawsuits show he had no interest in actually getting a job at the company.
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September 03, 2024
3rd Circ. Preview: Starbucks Firing, Liquor Law In September
Two National Labor Relations Board cases grace the Third Circuit's September session, when panels will probe the agency's suits against Starbucks Corp. for firing Philadelphia workers attempting to unionize and a plastic company accused of firing a safety whistleblower.
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September 03, 2024
Union-Backed 'Captive Audience' Bill Heads To Calif. Governor
The California Senate voted in favor of a union-backed bill that would bar employers from requiring employees to attend meetings related to religious or political matters — including company-organized meetings used to discourage union-formation — sending the so-called captive audience bill to the governor's desk.
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September 03, 2024
Aesthetic Laser Co. Tells Jury Of Rival's 'Corporate Raid'
Medical aesthetic business Cynosure told a Boston federal jury Tuesday that two former employees and an industry rival launched a "calculated corporate raid" by poaching dozens of sales and marketing personnel, violating a host of noncompete and non-solicitation agreements while the departing workers pocketed trade secrets on their way out the door.
Expert Analysis
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Compliance Strategies To Mitigate 3 New Areas Of AI Risk
The era of artificial intelligence-assisted corporate crime is here, but several concrete mitigation strategies can allow companies to address the new, rapidly evolving threats posed by deepfakes, information barrier evasion and AI model manipulation, say attorneys at Debevoise.
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Refresher On Employee Qualifications For Summer Interns
Before companies welcome interns to their ranks this summer, they should consider the extent to which the interns may be entitled to the same legal protections as employees, including the right to be paid for their hours worked and to receive at least minimum wage and overtime, says Kate LaQuay at Munck Wilson.
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Opinion
The FTC's Noncompete Rule Is Likely Dead On Arrival
The Federal Trade Commission's April 23 noncompete ban ignores the consequences to the employees it claims to help — but the rule is unlikely to go into effect provided the ideological makeup of the U.S. Supreme Court remains the same, say Erik Weibust and Stuart Gerson at Epstein Becker.
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McKesson May Change How AKS-Based FCA Claims Are Pled
The Second Circuit’s analysis in U.S. v. McKesson, an Anti-Kickback Statute-based False Claims Act case, provides guidance for both relators and defendants parsing scienter-related allegations, say Li Yu at Dicello Levitt, Ellen London at London & Stout, and Erica Hitchings at Whistleblower Law.
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5 Employer Actions Now Risky After Justices' Title VII Ruling
Last week in Muldrow v. St. Louis, the U.S. Supreme Court ruled that harm didn't have to be significant to be considered discriminatory under Title VII of the Civil Rights Act, making five common employer actions vulnerable to litigation, say Kellee Kruse and Briana Scholar at The Employment Law Group.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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Teach Your Party Representative The Art Of Nonverbal Cues
As illustrated by recent reports about President Donald Trump’s nonverbal communication in court, jurors notice what’s happening at counsel table, which may color their perceptions of the case as a whole, so trial attorneys should teach party representatives to self-monitor their nonverbal behaviors, says Clint Townson at Townson Consulting.
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FTC Noncompete Ban Signals Rising Labor Focus In Antitrust
The Federal Trade Commission’s approval this week of a prohibition on noncompete agreements continues antitrust enforcers’ increasing focus on labor, meaning companies must keep employee issues top of mind both in the ordinary course of business and when pursuing transactions, say attorneys at Skadden.
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Breaking Down EEOC's Final Rule To Implement The PWFA
Attorneys at Littler highlight some of the key provisions of the U.S. Equal Employment Opportunity Commission's final rule and interpretive guidance implementing the Pregnant Workers Fairness Act, which is expected to be effective June 18, and departures from the proposed rule issued in August 2023.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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How To Prepare As Employee Data Reporting Deadlines Near
As filing deadlines approach, government contractors and private companies alike should familiarize themselves with recent changes to federal and California employee data reporting requirements and think strategically about registration of affirmative action plans to minimize the risk of being audited, say Christopher Durham and Zev Grumet-Morris at Duane Morris.
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Address Complainants Before They Become Whistleblowers
A New York federal court's dismissal of a whistleblower retaliation claim against HSBC Securities last month indicates that ignored complaints to management combined with financial incentives from regulators create the perfect conditions for a concerned and disgruntled employee to make the jump to federal whistleblower, say attorneys at Cooley.
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The Practical Effects Of Justices' Arbitration Exemption Ruling
The U.S. Supreme Court's recent decision in Bissonnette v. LePage Bakeries, that a transportation worker need not work in the transportation industry to be exempt from the Federal Arbitration Act, may negatively affect employers' efforts to mitigate class action risk via arbitration agreement enforcement, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.