Employment

  • July 15, 2024

    PBGC Seeks Early Win In $7.8B Pension Fight In Yellow Ch. 11

    The Pension Benefit Guaranty Corp. has filed a motion for partial summary judgment in the Chapter 11 case of trucking firm Yellow Corp., telling a Delaware bankruptcy judge the $7.8 billion dispute over Yellow's withdrawal from multistate employee pension programs is a pure question of law that can be decided in the PBGC's favor.

  • July 15, 2024

    Union Fund Asks Justices To Reject Withdrawal Liability Case

    A pension fund for the International Association of Machinists urged the U.S. Supreme Court not to disturb its win in a dispute with two employers over the correct way to calculate how much employers must pay when they withdraw from multiemployer retirement plans, saying retroactive recalculations are valid.

  • July 15, 2024

    Seyfarth Adds 5-Atty Labor Team From Hunton In Calif., Texas

    Seyfarth Shaw LLP announced Monday that it has brought on a five-member team of labor and employment lawyers who previously practiced with Hunton Andrews Kurth LLP.

  • July 15, 2024

    McElroy Deutsch Fights 'Malicious' Claim In Exec Fraud Case

    McElroy Deutsch Mulvaney & Carpenter LLP and its former business development director, who is accused of stealing millions from the firm partially via fraudulent credit card use, are at odds over whether the firm's ex-employee should be allowed to bring a malicious prosecution counterclaim in New Jersey state court.

  • July 15, 2024

    NJ Legal Software Biz Hit With Disability Bias Suit

    Leap Legal Software Inc. was hit with a discrimination lawsuit in New Jersey state court Friday from a former employee alleging she was fired due to her undiagnosed and untreated Lyme disease.

  • July 15, 2024

    Former Exec Slams Bowling Co.'s 'Elitist' $3.7M Atty Fee Bid

    The owners of the AMF and Lucky Strike bowling chains are not entitled to more than $3 million in attorney fees after winning a lawsuit, the target of the suit told a Virginia federal court while characterizing the owners as "bullies." 

  • July 15, 2024

    Machinery Co. Defends 'Right' To Ax Trans Care In Health Plan

    A turbomachinery company asked to intervene on a transgender worker's New Hampshire federal court claim that its health plan administrators violated Affordable Care Act anti-bias provisions by enforcing a gender dysphoria treatment ban in the company's health plan, arguing that the issue is intertwined with its mission.

  • July 15, 2024

    'Busy' Solo Atty Chided For Blown Deadline In Pa. Bias Case

    A Pennsylvania federal judge gave an earful to an attorney representing a Drexel University administrator suing the school for disability discrimination after the case was dismissed without prejudice over the attorney's missed deadlines.

  • July 15, 2024

    Catching Up With Delaware's Chancery Court

    Chancery Court news was full of fees and settlements last week, with three multimillion-dollar deals getting a court OK, and a daylong discussion over a potentially multibillion-dollar fee award for attorneys who got Tesla CEO Elon Musk's astronomical pay package thrown out. The court also banged the gavel in cases involving e-payment venture SwervePay and managed care company Centene Corp., and heard arguments from software company SAP SE and biotech Renmatix Inc.

  • July 15, 2024

    Posner Can't Win Most Severe Sanctions In Ex-Staffer's Suit

    An Indiana federal judge stopped short of granting the most serious sanctions requested by retired Seventh Circuit Judge Richard Posner in his defense of a $170,000 breach of contract suit brought by a pro se litigation "expert," including the dismissal of the case and a "significant monetary" penalty.

  • July 15, 2024

    Gibson Dunn Grows NY Office With Proskauer Exec Comp Pro

    Gibson Dunn is continuing to grow its New York office, announcing Monday that it has brought a former Proskauer Rose LLP attorney to its executive compensation and employee benefits practice group.

  • July 15, 2024

    United Rentals Says It Caught Ex-Worker At Rival's Worksites

    United Rentals Inc.'s private investigators watched a former sales manager violate a one-year noncompete agreement covering a 50-mile radius by watching him don gear emblazoned with his new employer's logo and tracking him to three Connecticut sites staffed by at least two longtime customers, a newly filed lawsuit indicates.

  • July 15, 2024

    11th Circ. Upholds UMiami's Win In Retaliation Suit

    The Eleventh Circuit affirmed a Miami federal jury's verdict rejecting claims that the University of Miami fired a compliance officer for his refusal to close an investigation into the college's alleged Medicare overcharging, ruling that the officer had "invited" the jury instruction on which he based his appeal.

  • July 15, 2024

    Veteran Employment Litigator Jumps From Kasowitz To Akin

    A veteran employment litigator has joined Akin Gump Strauss Hauer & Feld LLP in New York after nearly 16 years at Kasowitz Benson Torres LLP.

  • July 15, 2024

    EEOC Commissioner Sonderling To Depart Agency

    EEOC Commissioner Keith Sonderling announced Monday he will leave the agency in August when his term ends, wrapping up a seven-year tenure with the federal government to return to the private sector.

  • July 15, 2024

    Workday AI Hiring Bias Suit Cleared To Move Ahead

    A job candidate's discrimination case over Workday's artificial intelligence-powered hiring tools got the go-ahead to move into the fact-finding stage, as a California federal judge said it's plausible that employment bias laws could stretch to reach the software vendor.

  • July 12, 2024

    Law360 Names 2024's Top Attorneys Under 40

    Law360 is pleased to announce the Rising Stars of 2024, our list of 158 attorneys under 40 whose legal accomplishments belie their age.

  • July 12, 2024

    Engineering Firms Ink $26.5M Deals To End 'No-Poach' Claims

    Four engineering firms have agreed to shell out a total of $26.5 million, while a fifth has pledged to cooperate, to settle a proposed class action alleging they conspired to restrict hiring through "no-poach" agreements, leaving RTX Corp. unit Pratt & Whitney as the sole defendant, plaintiffs told a Connecticut federal judge on Friday.

  • July 12, 2024

    Loper Bright Is Shaking Up Dozens Of Regulatory Fights

    In the two weeks since the U.S. Supreme Court overturned Chevron deference, the landmark decision has emerged as a live issue in dozens of administrative challenges, with federal courts already pausing agency regulations expanding LGBTQ+ rights in education and healthcare and with a wave of parties seeking to use the new decision to win their cases.

  • July 12, 2024

    10th Circ. Tosses Prof's Conviction In 'China Initiative' Case

    A split Tenth Circuit panel has reversed the conviction of a former University of Kansas professor accused of hiding the fact that he was pursuing a job in China, ruling that prosecutors hadn't offered enough evidence to prove that his omission was material to any federal agency funding decision.

  • July 12, 2024

    Texas Assistant DA Blew Whistle A Day Late, Panel Finds

    A Texas appeals court tossed a suit filed by a former assistant district attorney who says he was fired for blowing the whistle on alleged kickbacks and other illegal acts by his colleagues, finding in a Friday opinion that the whistleblower filed his complaint one day past the deadline.

  • July 12, 2024

    Cuomo Beats Retaliation Claims In NY Trooper's Suit

    Former New York Gov. Andrew Cuomo defeated retaliation claims in a state trooper's lawsuit alleging she was sexually harassed while serving in Cuomo's security detail, after a federal judge said that no employment relationship existed because Cuomo resigned months before his purported threat to seek prosecution of his alleged victims.

  • July 12, 2024

    Employment Authority: The Resistance To Child Labor Rules

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with how a group of Republican states are pushing back on the U.S. Department of Labor's efforts to tackle unlawful child labor, how state-level pay transparency laws can make it easier for businesses to collect wage data and the five cases to keep an eye on that can affect labor law.

  • July 12, 2024

    Military's IVF Policy Defense Fails Post-Chevron, Group Says

    A nonprofit that's challenging the U.S. military's in vitro fertilization coverage policy for service members told a New York federal judge that federal agencies cannot claim they're entitled to Chevron deference in the wake of the U.S. Supreme Court's recent decision overturning the decades-old precedent.

  • July 12, 2024

    Texas Courts Block Protections For Transgender Students

    Two Texas federal judges have blocked the U.S. Department of Education from enforcing protections for transgender students in Lone Star State schools while lawsuits against the rules are litigated, with one judge saying the measures provide "extra privileges to the transgender student based on subjective feelings of discomfort."

Expert Analysis

  • Recruitment Trends In Emerging Law Firm Frontiers

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    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • 3 Surprising Deposition Dangers Attorneys Must Heed

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    Attorneys often do not think of discovery as a particularly risky phase of litigation, but counsel must closely heed some surprisingly strict and frequently overlooked requirements before, during and after depositions that can lead to draconian consequences, says Nate Sabri at Perkins Coie.

  • What Employers Need To Know About Colorado's New AI Law

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    The Colorado AI Act, enacted in May and intended to regulate the use of high-risk artificial intelligence systems to prevent algorithmic discrimination, is broad in scope and will apply to businesses using AI for certain employment purposes, imposing numerous compliance obligations and potential liability, say Laura Malugade and Owen Davis at Husch Blackwell.

  • Opinion

    Paid Noncompetes Offer A Better Solution Than FTC's Ban

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    A better alternative to the Federal Trade Commission's recent and widely contested noncompete ban would be a nationwide bright-line rule requiring employers to pay employees during the noncompete period, says Steven Kayman at Rottenberg Lipman.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • Where Anti-Discrimination Law Stands 4 Years After Bostock

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    On the fourth anniversary of the U.S. Supreme Court's landmark Bostock ruling, Evan Parness and Abby Rickeman at Covington take stock of how the decision, which held that Title VII protects employees from discrimination because of their sexual orientation and gender identity, has affected anti-discrimination law at the state and federal levels.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • Crafting An Effective Workplace AI Policy After DOL Guidance

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    Employers should take proactive steps to minimize their liability risk after the U.S. Department of Labor released artificial intelligence guidance principles on May 16, reflecting the reality that companies must begin putting into place policies that will dictate their expectations for how employees will use AI, say David Disler and Courtnie Bolden at ​​​​​​​Porzio Bromberg.

  • Patent Lessons From 7 Federal Circuit Reversals In May

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    A look at recent cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court provide guidance on how to succeed on appeal by clarifying the obviousness analysis of design patents, the finality of a judgment, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • Politics In The Workplace: What Employers Need To Know

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    As the 2024 election approaches and protests continue across the country, employers should be aware of employees' rights — and limits on those rights — related to political speech and activities in the workplace, and be prepared to act proactively to prevent issues before they arise, say attorneys at Littler.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

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