Employment

  • October 04, 2024

    Up First At High Court: Civil Rights, Ghost Guns, Atty Fees

    The U.S. Supreme Court reconvenes Monday to start a brand-new term, with the justices first hearing arguments related to prerequisites for litigating federal rights in state courts, ghost gun regulations, and whether a death row inmate is entitled to a new trial after a state admits that prosecutorial misconduct might have led to his conviction.

  • October 04, 2024

    Paramount Hit With WARN Act Suit Over NYC Layoffs

    Paramount violated the New York Worker Adjustment and Retraining Notification Act by laying off more than 300 New York City-based employees without the required 90 days' notice, a new proposed class action filed in New York federal court alleges.

  • October 04, 2024

    7th Circ. Backs Class Decertification In Unpaid Wages Dispute

    The Seventh Circuit declined to upend an order decertifying a class of satellite technicians who accused their employer of shorting them on overtime wages, agreeing that class treatment is improper because of the myriad differences between workers.

  • October 04, 2024

    Healthcare Co. Inks Deal In DOL Equal Pay Investigation

    A healthcare diagnostics company has agreed to pay nearly $60,000 to the U.S. Department of Labor to end an agency probe over concerns that a New Jersey manufacturing facility undercompensated female employees compared to their male colleagues.

  • October 04, 2024

    NCAA's Legal Woes Grow With Ex-Ohio State QB's NIL Suit

    Former Ohio State University star quarterback Terrelle Pryor, whose college career abruptly ended after the NCAA suspended him for profiting off his own memorabilia, filed a proposed antitrust class action in Ohio federal court Friday accusing the NCAA and others of profiting from his name, image and likeness while denying him and other athletes compensation.

  • October 04, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen GMB Union sued by the makers of Tetley Tea after a staff walkout in September, boxer Mike Tyson hit with legal action from a marketing company and the Met Police face a misuse of private data claim from a woman who had a relationship with an undercover police officer. Here, Law360 looks at these and other new claims in the U.K.

  • October 04, 2024

    High Court To Weigh In On Halliburton Worker's Age Bias Suit

    The U.S. Supreme Court agreed Friday to wade into an age discrimination lawsuit from a former Halliburton employee who said his case was wrongly shut down when the Tenth Circuit ruled a trial court lacked the power to reopen it following arbitration.

  • October 04, 2024

    Justices Take Up Straight Worker's Demotion Bias Suit

    The U.S. Supreme Court said Friday it will review a discrimination lawsuit by a former Ohio Department of Youth Services worker claiming she was denied a promotion and then demoted for being heterosexual while LGBTQ candidates were advanced.

  • October 04, 2024

    Greenberg Traurig Adds WeWork Employment Law Head In SF

    Greenberg Traurig LLP is boosting its West Coast team, bringing in WeWork's former global head of employment law as a shareholder in its San Francisco office.

  • October 03, 2024

    Masseuse's Claim Must Be Arbitrated, Cruise Line Says

    Norwegian Cruise Line told a Florida federal court on Wednesday that a former masseuse on board one of its ships must arbitrate her negligence claim after she was allegedly deprived of prompt and adequate medical care, even though the company didn't sign an underlying arbitration agreement.

  • October 03, 2024

    Cognizant Worker Transfers From India Declining, Jury Told

    Cognizant Technologies rested its defense Thursday of class action claims that it is biased toward Indian workers after a company executive testified that the number of employee transfers from India to the U.S. has steadily decreased since 2014, bringing to a close live testimony in the racially charged retrial.

  • October 03, 2024

    Texas Transgender Health Rule Suit Paused For Gov't Appeal

    A Texas federal judge said he'd stay a lawsuit from Texas and Montana challenging new federal protections for transgender healthcare while the Biden administration appeals the court's July order freezing the new rule.

  • October 03, 2024

    Ex-Twitter Exec's Advice May Sink Bonus Suit Class Cert. Bid

    A California federal judge on Thursday appeared flabbergasted that a former X Corp. executive seeking class certification in a suit over unpaid bonuses had previously advised Elon Musk against paying out the compensation, telling the former executive's lawyer, "I seriously wonder if perhaps you've put him in legal jeopardy."

  • October 03, 2024

    11th Circ. Rejects Bid To Block Fla. Law Banning Trans Care

    The Eleventh Circuit said Thursday it would not reconsider a decision that allowed a Florida law that bans gender-affirming care for transgender minors and restricts it for adults to take effect.

  • October 03, 2024

    Fla. Judge Denies 'Piecemeal' Suit Against Scientology Leader

    A Florida federal judge Thursday refused to lift a stay on a lawsuit over trafficking claims against the Church of Scientology, denying a motion to allow "piecemeal" litigation to proceed against church leader David Miscavige even though he was never included in a previous order to compel arbitration.

  • October 03, 2024

    Red States Want H-2A Farmworker Rule Gone For Good

    More than a dozen Republican-led states are urging a Georgia federal judge to vacate a U.S. Department of Labor rule that would strengthen protections for foreign farmworkers within the H-2A visa program, arguing that the department clearly overstepped its authorities.

  • October 03, 2024

    3rd Circ. Upholds Insurer's Win In Construction Co. Wage Row

    An insurer for a paving and construction company has no duty to defend it against two class actions accusing the company of underpaying its employees, the Third Circuit ruled Thursday, finding an exclusion barring coverage for "wage and hour violations" is applicable.

  • October 03, 2024

    3rd Circ. Backs Added Payout For Late Royal Bank CEO

    The Third Circuit on Thursday backed a lower court's decision that Royal Bank of America's retirement plan must add another $368,000 onto the roughly $4 million lump-sum payment already given to the financial institution's late former chief executive officer, calling the plan's arguments it need not pay that amount "nonsensical."

  • October 03, 2024

    East Coast Ports Strike Suspended Under Tentative Wage Deal

    After a three-day strike, tens of thousands of dockworkers on the East and Gulf coasts will head back to work because International Longshoremen's Association union leaders reached a tentative wage agreement late Thursday with the group that represents container carriers, marine terminal operators and port employers.

  • October 03, 2024

    4th Circ. Orders Damages Redo In Metal Worker Benefits Fight

    The Fourth Circuit ruled Thursday that a Maryland-based sheet metal manufacturer violated federal benefits law by underpaying contributions it owed to a group of union benefit plans, but said a trial court needs to take another shot at calculating damages.

  • October 03, 2024

    Ex-Hedge Fund Star Won't Get Additional $14.4M

    A former D.E. Shaw & Co. managing director isn't owed an additional $14.4 million in deferred compensation after winning a $52 million award for defamation from a Financial Industry Regulatory Authority arbitration panel, a New York appeals court affirmed Thursday.

  • October 03, 2024

    12 Lawyers Who Are The Future Of The Supreme Court Bar

    One attorney hasn't lost a single U.S. Supreme Court case she's argued, or even a single justice's vote. One attorney is perhaps "the preeminent SCOTUS advocate." And one may soon become U.S. solicitor general, despite acknowledging there are "judges out there who don't like me." All three are among a dozen lawyers in the vanguard of the Supreme Court bar's next generation, poised to follow in the footsteps of the bar's current icons.

  • October 03, 2024

    Garth Brooks Accused Of Rape By Former Stylist

    Country music star Garth Brooks' former hair and makeup stylist sued him in California state court on Thursday, claiming he raped her in a Los Angeles hotel room while preparing for a Recording Academy event in 2019.

  • October 03, 2024

    Okla. Campus Police Officer Gets Trial In Age Bias Suit

    An Oklahoma federal judge on Thursday teed up for trial a former campus police officer's claims alleging a school district refused to rehire him because he was 65 and had lodged complaints about a superior, but threw out his allegation that he was deprived of his due process rights.

  • October 03, 2024

    Stanford Profs Deny Roche's Trade Secret Theft Accusations

    Three Stanford University oncology professors sued by subsidiaries of F. Hoffmann-La Roche AG for allegedly stealing confidential information about cancer-detecting technology have denied the accusations, saying in California federal court that Roche's purported trade secrets were not secret, and even if they were, Roche does not own them.

Expert Analysis

  • 5th Circ. Venue-Transfer Cases Highlight Mandamus Limits

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    Three ongoing cases filed within the Fifth Circuit highlight an odd procedural wrinkle that may let district courts defy an appellate writ: orders granting transfer to out-of-circuit districts, but parties opposing intercircuit transfer can work around this hurdle to effective appellate review, says Charles Fowler at McKool Smith.

  • A Healthier Legal Industry Starts With Emotional Intelligence

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    The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.

  • To Make Your Legal Writing Clear, Emulate A Master Chef

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    To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.

  • 3 Wage And Hour Tips For A Post-Chevron World

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    Employers can take three steps to handle day-to-day wage and hour compliance in the event that the U.S. Supreme Court soon reshifts the administrative law landscape by overturning the Chevron doctrine, which could cause a massive sea change in the way we all do business, say Seth Kaufman and Matthew Korn at Fisher Phillips.

  • 8 Steps Companies Should Take After An Internal Investigation

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    Given the U.S. Department of Justice’s increasing focus on corporate compliance and remediation of misconduct, companies must follow through in several key ways after an internal investigation to ensure history does not repeat itself, say Jonathan Aronie and Joseph Jay at Sheppard Mullin.

  • Circuit Judge Writes An Opinion, AI Helps: What Now?

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    Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.

  • Attys Beware 2 Commonly Overlooked NIL Contract Issues

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    As name, image and likeness deals dominate high school and collegiate sports, preserving a client's NCAA eligibility should be a top priority, so lawyers should understand the potentially damaging contract provisions they may encounter when reviewing an agreement, says Paula Nagarajan at Arnall Golden.

  • After Years Of Popularity, PAGA's Fate Is Up In The Air

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    The last two years held important victories for plaintiff-side employment attorneys in California Private Attorneys General Act litigation at the trial and appellate court levels, but this hotbed of activity will quickly lose steam if voters approve a ballot measure in November to enact the California Fair Pay and Employer Accountability Act, says Paul Sherman at Kabat Chapman.

  • 12 Keys To Successful Post-Trial Juror Interviews

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    Post-trial interviews offer attorneys an avenue to gain valuable insights into juror decision making and get feedback that can inform future litigation strategies, but certain best practices must be followed to get the most out of this research tool, say Alexa Hiley and Brianna Smith at IMS Legal.

  • How Employers, Attorneys Can Respond To Noncompete Ban

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    As the Federal Trade Commission's recently issued noncompete ban faces ongoing legal challenges, now is a good time for employers to consider whether they want to take a wait-and-see approach before halting use of noncompetes and for practitioners to gain insight into other tools available to protect their clients' business interests, says Jennifer Platzkere Snyder at Dilworth Paxson.

  • Perspectives

    Trauma-Informed Legal Approaches For Pro Bono Attorneys

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    As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

  • Cos. Must Stay On Alert With Joint Employer Rule In Flux

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    While employers may breathe a sigh of relief at recent events blocking the National Labor Relations Board's proposed rule that would make it easier for two entities to be deemed joint employers, the rule is not yet dead, say attorneys at ​​​​​​​Day Pitney.

  • 4 Arbitration Takeaways From High Court Coinbase Ruling

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    The U.S. Supreme Court's May 23 decision in Coinbase v. Suski, which provides clarity to parties faced with successive contracts containing conflicting dispute resolution provisions, has four practical impacts for contracting parties to consider, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.

  • Series

    Playing Music Makes Me A Better Lawyer

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    My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.

  • Lessons In High-Profile Jury Selection Amid NY Trump Trial

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    Richard Gabriel and Michelle Rey LaRocca at Decision Analysis consider how media exposure can affect a prospective juror in a high-profile case, the misunderstood nature of bias, and recommendations for jury selection in these unique situations as the Trump hush money trial continues in New York.

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