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Employment
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September 09, 2024
Catching Up With Delaware's Chancery Court
Delaware's Court of Chancery made some expensive decisions last week, ranging from a $130 million stockholder award and a freeze on $450 million in equity financing to a whopping $1 billion bill for fraud and breach of contract damages. New cases aimed at Virgin Galactic, settlements pulled in Hemisphere Media Group Inc. and court hearings involving Apollo Global Management heated up. In case you missed it, here's the roundup of news from Delaware's Court of Chancery.
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September 09, 2024
Squire Patton Litigator Jumps To Fox Rothschild In Atlanta
Fox Rothschild LLP has added a former Squire Patton Boggs LLP partner who helped UPS defeat a former supervisor's sexual harassment, discrimination and retaliation suit, strengthening its Atlanta office with a labor and employment litigator.
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September 09, 2024
Engineers' Counsel Requests $220K In Forced Labor Suit
Attorneys representing a class of Mexican engineers who claimed they were lured to the U.S. with false promises of high-paying jobs asked a Georgia federal court to greenlight their request for $220,000 for their work securing a $1.2 million settlement to resolve the dispute.
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September 09, 2024
Kramer Levin Beats NJ Malpractice Suit From RE Developer
Kramer Levin Naftalis & Frankel LLP has defeated a malpractice suit from a real estate developer who claimed it represented both the developer and a firm partner's son — who was an employee of the developer — at the same time, according to a New Jersey state appellate decision issued Monday.
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September 09, 2024
DOJ Says Judge Missing 'Egregious' Slur In Race Bias Suit
A Georgia federal judge ignored crucial context and overlooked the "egregious nature" of a racial slur leveled at a Black worker when recommending that a race bias suit brought against a Georgia county by the federal government be thrown out, the U.S. Department of Justice said.
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September 09, 2024
NJ Court Won't Rush UAW's Smoking Law Case Appeal
The New Jersey Appellate Division rejected the United Auto Workers' emergency bid to overturn the dismissal of its suit alleging a law excluding casino workers from secondhand smoking protections violates the state constitution, according to a Friday order.
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September 09, 2024
Judge Rejects Ex-Law Prof's Recusal Bid In Retaliation Suit
A Florida federal judge has declined to step away from a retaliation and breach of contract suit brought by a former law professor at Florida A&M University, noting "even if" the professor were correct in asserting the judge had been critical of her, such critiques do not necessitate recusal.
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September 09, 2024
2nd Circ. Upholds Regeneron's Win In Remote Work Suit
The Second Circuit rejected a former Regeneron Pharmaceuticals Inc. employee's appeal seeking to revive claims it illegally denied her a remote work situation to care for her daughter while she underwent medical care, ruling Monday that there was no evidence the company had willfully broken the law.
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September 09, 2024
Federal Law Preempts Standby Shift Claims, Oil Co. Says
Oil refinery workers' claims that they didn't receive compensation for their 12-hour standby shifts require an interpretation of the collective bargaining agreements and the Labor Management Relations Act preempts the claims, a company told a California federal court.
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September 06, 2024
7th Circ. Skeptical Of Bid To Revive Fraud Claims Against Firm
The Seventh Circuit seemed inclined Friday not to disturb lower court rulings that sank a litigation funder's fraud and damages claims against a law firm that abruptly dropped the business to represent a former employee who left to open a competing venture.
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September 06, 2024
Employment Authority: A Look At Min. Wage Ballot Measures
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on how courts could later consider laws passed through ballot measures about boosting the minimum wage and collective bargaining and four argument sessions that bias attorneys should watch in September, including the Eighth Circuit's review of a challenge to the abortion-related workplace accommodations within the U.S. Equal Employment Opportunity Commission's Pregnant Workers Fairness Act final rule.
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September 06, 2024
Calif. Has Underpaid State Court Judges For Years, Suit Says
A Sacramento County judge has filed a proposed class action on behalf of over 5,000 current and retired bench officers alleging they've been underpaid for the last several years over the state's failure to properly include special salary adjustments when calculating the average percentage salary increase for all state employees.
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September 06, 2024
X Corp. Shorted 3 Execs Millions In Severance, Suit Says
Three former executives of Twitter, now known as X, said in a California federal court suit that Elon Musk prevented them from collecting millions in severance benefits following his takeover of the social media company by falsely claiming they were fired for failing to cooperate in investigations.
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September 06, 2024
Ex-Conn. Utility Execs Can't Shake Convictions At 2nd Circ.
The Second Circuit issued a mammoth 140-page decision Friday upholding punishments including a $748,000 restitution order for three former executives convicted of stealing from a Connecticut utility cooperative, but the court threw out the utility's bid for a $9.6 million reimbursement for fronting the defendants' attorney fees.
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September 06, 2024
Ingersoll Rand Blocks Rival From Hiring Ex-Exec In NDA Fight
A Colorado state court has preliminarily blocked the former chief executive of a company acquired by industrial products giant Ingersoll Rand Inc. from working for rival Avantor, finding Ingersoll Rand will likely win its claims that the executive specifically agreed not to work for Avantor as a condition of the acquisition.
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September 06, 2024
Starbucks Finds Interest For Appeal In Shareholder Suit
A Washington Court of Appeals commissioner suggested to two Starbucks shareholders on Friday that their lawsuit must "do more than what it does" as of now if they want to accuse corporate leadership of responding illegally to barista unionization, hinting the court will likely take up the coffee giant's appeal.
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September 06, 2024
Payroll Co. Didn't Pay For Cannabis Client Referrals, Suit Says
The founder of a now-closed payroll and human resources provider that largely served the cannabis industry claims he was never compensated for selling its client list to a Colorado rival, Comploy Inc., and is now demanding $161,000 and interest.
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September 06, 2024
Doctor Pulls Discovery Demands Against WWE Accuser
Celebrity doctor Carlon Colker has withdrawn his demands seeking pre-litigation discovery materials from the woman who has accused Vince McMahon and former World Wrestling Entertainment Inc. executives of sexually assaulting and trafficking her.
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September 06, 2024
Ex-Union Head's Nephew Eyes Plea Change In Extortion Case
The nephew of convicted felon and the former business manager of International Brotherhood of Electrical Workers Local 98 is scheduled for a change of plea hearing on extortion charges stemming from allegedly intimidating a contractor on the Live! Casino construction project.
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September 06, 2024
Off The Bench: NCAA Flops, NBA Trial, Sunday Ticket Appeal
In this week's Off The Bench, the $2.78 billion deal to settle a vast class action targeting the NCAA's name, image and likeness compensation rules hits a snag, the NBA and Warner Bros. aim for an April trial in their media rights fight, and NFL Sunday Ticket subscribers look to reinstate their $4.7 billion antitrust victory over the league.
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September 06, 2024
NC Restoration Co. Wants Out Of Rival's Noncompete Fight
The new owner of a property restoration company caught in the crosshairs of a fight between its founders and their former employer has asked for a quick exit from the dispute, saying it can't be held liable for the founders' actions when the parties' real beef is with each other.
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September 06, 2024
PruittHealth Enabled Antigay Abuse, Fired Nurse Says
The former nursing director of a PruittHealth facility in northwest Georgia has sued his former employer claiming a homophobic work environment, alleging that he was subjected to antigay abuse from his coworkers and patients alike before eventually being fired on bogus grounds.
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September 06, 2024
Travel Nurse Says Emory Ended Her Contract Over Race Bias
A travel nurse alleged in a lawsuit that Emory Healthcare Inc. unlawfully terminated her three-month contract after she complained that allowing her to administer peritoneal dialysis on Black patients without proper training would be "akin to treating those patients as guinea pigs."
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September 06, 2024
4 ERISA Arguments To Watch In September
The Ninth Circuit will weigh two cases involving whether class claims under the Employee Retirement Income Security Act can be forced into solo arbitration, and the Second Circuit will hear Yale University workers' bid to revive their retirement plan mismanagement suit. Here are four upcoming oral argument sessions that benefits attorneys should have on their radar.
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September 06, 2024
Pa. Paralegal Sues Former Firm For Disability Bias
A former paralegal for Allentown, Pennsylvania, firm Zator Law LLC claims in a federal Americans with Disabilities Act lawsuit that her termination was a result of the firm's discrimination of her panic disorder and retaliation for her request for accommodations.
Expert Analysis
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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.
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Key Steps To Employer Petitions For Union Elections
Excerpt from Practical Guidance
Since the National Labor Relations Board shifted the burden of requesting formal union elections onto employers in its Cemex decision last year — and raised the stakes for employer missteps during the process — companies should be prepared to correctly file representation management election petitions and respond to union demands for recognition, says Adam Keating at Duane Morris.
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Viral Layoffs: How Cos. Can Avoid Bad Social Media Exposure
A recent trend of employees using social media to document their experiences with layoffs and disciplinary actions in the workplace should prompt employers to take additional precautions to avoid former workers' negative viral reviews when deciding how, when and what to communicate to employees, say Scott McIntyre and Chrissy Kennedy at BakerHostetler.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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6 Factors That Can Make For A 'Nuclear' Juror
Drawing from recent research that examines the rise in nuclear verdicts, Ken Broda-Bahm at Persuasion Strategies identifies a few juror characteristics most likely to matter in assessing case risk and preparing for jury selection — some of which are long-known, and others that are emerging post-pandemic.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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Illinois BIPA Reform Offers Welcome Relief To Businesses
Illinois' recent amendment to its Biometric Information Privacy Act limits the number of violations and damages a plaintiff can claim — a crucial step in shielding businesses from unintended legal consequences, including litigation risk and compliance costs, say attorneys at Taft.
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3 Notes For Arbitration Agreements After Calif. Ruling
After last month's California Supreme Court decision in Ramirez v. Charter Communications invalidated several arbitration clauses in the company's employee contracts as unconscionable, companies should ensure their own arbitration agreements steer clear of three major pitfalls identified by the court, say attorneys at Cooley.
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Opinion
Focus On Political Stances May Weaken Labor Unions
Recent lawsujits and a bill pending in the U.S. House of Representatives call attention to the practice of labor unions taking political stances with which their members disagree — an issue that may weaken unions, and that employers should stay abreast of, given its implications for labor organizing campaigns, workplace morale and collective bargaining, says Daniel Johns at Cozen O'Connor.
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Jarkesy Ruling May Redefine Jury Role In Patent Fraud
Regardless of whether the U.S. Supreme Court’s Jarkesy ruling implicates the direction of inequitable conduct, which requires showing that the patentee made material statements or omissions to the U.S. Patent and Trademark Office, the decision has created opportunities for defendants to argue more substantively for jury trials than ever before, say attorneys at Cadwalader.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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NLRB Ruling Highlights Rare Union Deauthorization Process
A recent National Labor Relations Board decision about a guard company's union authorization revocation presents a ripe opportunity for employees to review the particulars of this uncommon process, and employer compliance is critical as well, say Megann McManus and Trecia Moore at Husch Blackwell.
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Attorneys Can Benefit From Reverse-Engineering Their Cases
Trial advocacy programs often teach lawyers to loosely track the progression of a lawsuit during preparation — case analysis, then direct examination, then cross-examination, openings and closings — but reverse-engineering cases by working backward from opening and closing statements can streamline the process and also improve case strategy, says Reuben Guttman at Guttman Buschner.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.