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Employment
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December 19, 2024
The Spiciest Quotes Heard In Mass. Courts In 2024
Another year of hard-fought litigation was replete with quips, barbs, and both attorneys and defendants put on blast — plus one litigant who simply wished for the return of a nine-foot bedazzled grand piano.
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December 19, 2024
DuPont, Corteva Liable For Bad Benefits Info, Judge Says
Chemical companies DuPont and Corteva Inc. violated federal benefits law when they cut hundreds of workers off from retirement benefits following a merger and subsequent spinoff, a Pennsylvania federal judge ruled, finding the companies didn't clearly explain how the transactions would impact employees' benefits.
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December 19, 2024
$18M TransUnion Loss 'Riddled With Defects,' 6th Circ. Says
The Sixth Circuit said Wednesday that a jury's $18.3 million award in a dustup over intellectual property related to an online insurance quote marketplace was based on damages evidence that was sorely lacking, affirming that TransUnion is off the hook.
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December 19, 2024
Amazon Gets 'Wide Berth' Of Discovery In Drivers' Wage Suit
A Washington federal judge largely granted Amazon's discovery request in an 8-year-old lawsuit brought by delivery drivers accusing the company of misclassifying them as independent contractors, saying the data it seeks is reasonable for its forthcoming challenge to the workers' class certification bid.
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December 19, 2024
3rd Circ. Backs $22M Win For Battery Co. Workers In Pay Suit
The Third Circuit held Thursday that a Pennsylvania battery manufacturer flouted federal labor law when it failed to pay workers $22 million for time they spent changing in and out of protective gear, rejecting the company's assertion it was only obligated to pay workers what was "reasonable."
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December 19, 2024
Labcorp Settles Competition Suit Against Ex-Sales Exec
Less than two weeks after Laboratory Corp. of America Holdings sued its former sales marketing executive and his new employer in North Carolina federal court for allegedly violating noncompete and nonsolicitation agreements, a deal has been reached to end the lawsuit.
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December 19, 2024
Michigan's Biggest Decisions Of 2024
This year, the Michigan Supreme Court instituted sweeping changes to the state's wage and paid leave laws, took some damages off the table for wrongful death plaintiffs, and recognized third-party retaliation claims.
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December 19, 2024
Rival Firms End $2M Client Poaching Suit
A lawsuit by Chicago law firm Loftus & Eisenberg Ltd. accusing an attorney with "a very limited skill set" of stealing clients while jumping to Good Law Group PC has been dismissed, after Good Law said the "venomous allegations" were not backed by hard evidence.
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December 19, 2024
Bain Capital Wants Out Of Bias Claims From Attorney
Bain Capital has asked a New Jersey state court to toss discrimination claims brought by a former in-house attorney for a chemicals company it had acquired, alleging she was unlawfully dismissed after she discussed taking leave to recover from a miscarriage.
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December 19, 2024
X Workers Say Entire Severance Suit Should Survive
Former X employees urged a Delaware federal court to set aside portions of a magistrate judge's recommendation that the court partially toss their unpaid severance benefits lawsuit, saying the judge incorrectly found that a merger agreement stripped them of standing.
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December 19, 2024
Ballard Spahr Seeks To End Paralegal's Age Discrimination Suit
Longtime issues with her performance and a disparaging remark made about a client to a firm partner led to Ballard Spahr LLP's decision to terminate a paralegal's employment, the firm said has said, and it asked a Pennsylvania federal court to dismiss the former employee's age and gender discrimination complaint.
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December 19, 2024
Cos. Press Justices To Review Contractors Min. Wage Dispute
Opposite opinions over the scope of the president's authority "cry out" for the U.S. Supreme Court intervention in a case challenging President Joe Biden's increase of the federal contractors' hourly minimum wage, two outdoor groups said, pointing to a Ninth Circuit's decision axing the wage hike.
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December 18, 2024
RTX Will Pay $34M To End Engineers' No-Poach Class Action
A group of engineers asked a Connecticut federal judge Wednesday to greenlight a $34 million settlement resolving claims that RTX Corp.'s Pratt & Whitney division orchestrated an agreement among five aerospace engineering firms not to hire one another's employees, following the workers' $26.5 million settlement with the five other firms.
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December 18, 2024
Charles Schwab Says Ex-Employee Stole Client Info
Charles Schwab has filed a suit in Texas federal court accusing a former employee of misappropriating confidential trade secrets and client information to solicit business once he joined a competitor.
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December 18, 2024
Ex-Apple Workers Likely To Win Certification In OT Suit
A California federal judge on Wednesday said he was inclined to grant class certification in litigation accusing Apple of shorting workers' wages by not factoring company shares into overtime pay calculations, saying the former employee who sued provided sufficient evidence that damages could be calculated on a classwide basis.
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December 18, 2024
Calif. Panel Splits On Judge's 'Little Chinese Woman' Remark
A California appellate court has reversed itself and decided to publish an opinion in which a panel was divided over whether a trial judge's reference to a plaintiff as a "little Chinese woman" showed judicial bias and stereotyping.
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December 18, 2024
TikTok Told To Provide Source Code In Trade Secrets Case
TikTok must provide source code as well as financial and data usage information to a Chinese company that says it stole proprietary information to develop a video-editing feature on its platform, according to an order from a special master appointed to the case.
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December 18, 2024
Fired Steel Co. Worker Wins $3 In Age Bias Suit
A Michigan federal jury on Wednesday sided with a human resources worker who said he was fired by a steel company after he complained that its restructuring plan targeted workers over 40 — but he was handed only $3 in damages.
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December 18, 2024
Jay-Z, Quinn Emanuel Accused Of Paying Ex-Buzbee Clients
Texas personal injury lawyer Tony Buzbee added a new front to his feud with Shawn "Jay-Z" Carter on Wednesday, accusing the rapper's company Roc Nation and law firm Quinn Emanuel Urquhart & Sullivan LLP of recruiting and paying former clients to bring malpractice claims.
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December 18, 2024
Ex-Worker Sues U-Haul For Race Bias
U-Haul Co. of Georgia Inc. was sued Wednesday in federal court by a Black employee who alleged he faced persistent racial discrimination at the hands of co-workers and that nothing was done to stop it despite his complaints to multiple supervisors.
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December 18, 2024
Defunct Media Co. Staffers Nab Class Status In WARN Act Suit
Workers at former digital media startup The Messenger who allege they were unlawfully terminated without advance notice can proceed as a group with their lawsuit, a New York federal judge ruled Wednesday, saying the company's arguments about the size of its workforce didn't hinder class certification.
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December 18, 2024
Judge Eyes Limits To Medical Device Co.'s Poaching Verdict
A Boston federal judge on Wednesday considered interpreting twin $5 million jury awards against medical device sales employees as a subset of the $15 million in damages awarded against their employer in a rival company's poaching case.
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December 18, 2024
NHL Arena, Ex-Worker Get OK For Retaliation Suit Deal
A New Jersey federal judge approved Wednesday a deal resolving retaliation and harassment claims from a former line cook at the New Jersey Devils' arena.
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December 18, 2024
CVS Fueled Opioid Epidemic In Rush For Profits, Feds Say
The U.S. Department of Justice unveiled a suit Wednesday accusing CVS, the nation's largest pharmacy chain, of knowingly filling invalid prescriptions for powerful opioids and ignoring internal pleas from its pharmacists as it allegedly put profits over safety.
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December 18, 2024
Atty Seeks Grievance Doc's Disclosure In Alleged Abuse Case
A Massachusetts lawyer who filed a grievance alleging that a law professor sexually assaulted her when she was a student has asked a federal court in Brooklyn to order a state attorney grievance committee to make its formal decision in the matter public, arguing the committee violated her First Amendment rights by withholding the records.
Expert Analysis
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Avoiding Corporate Political Activity Pitfalls This Election Year
As Election Day approaches, corporate counsel should be mindful of the complicated rules around companies engaging in political activities, including super PAC contributions, pay-to-play prohibitions and foreign agent restrictions, say attorneys at Covington.
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Employer Arbitration Lessons From Calif. Consumer Ruling
Although a California state appeals court’s recent arbitration ruling in Mahram v. Kroger involved a consumer transaction, the finding that the arbitration agreement at issue did not apply to a third-party beneficiary could influence how employment arbitration agreements are interpreted, says Sander van der Heide at CDF Labor Law.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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How NJ Temp Equal Pay Survived A Constitutional Challenge
The Third Circuit recently gave the New Jersey Temporary Workers' Bill of Rights a new lease on life by systematically dismantling multiple theories of the act's unconstitutionality brought by staffing agencies hoping to delay their new equal pay and benefits obligations, say attorneys at Duane Morris.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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NYC Wage Info Bill Highlights Rise In Pay Transparency Laws
With New York City the latest to mull requiring companies to annually report employee wage data, national employers should consider adapting their compliance practices to comply with increasingly common pay transparency and disclosure obligations at state and local levels, says Kelly Cardin at Littler Mendelson.
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When Trauma Colors Testimony: How To Help Witnesses
As stress-related mental health issues continue to rise, trial attorneys must become familiar with a few key trauma-informed strategies to help witnesses get back on track — leaning in to the counselor aspect of their vocations, say Ava Hernández and Steve Wood at Courtroom Sciences.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Workday AI Bias Suit Suggests Hiring Lessons For Employers
As state laws and a federal agency increasingly focus on employment bias introduced by artificial intelligence systems, a California federal court's recent decision to allow a discrimination suit to proceed against Workday's AI-driven recruitment software, shows companies should promptly assess these tools' risks, say attorneys at Williams & Connolly.
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When The Supreme Court Gives You Lemons, Make Lemonade
Instead of grousing about the U.S. Supreme Court’s recent decisions overturning long-standing precedents, attorneys should look to history for examples of how enterprising legal minds molded difficult decisions to their advantage, and figure out how to work with the cards they’ve been dealt, says Reuben Guttman at Guttman Buschner.
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What BIPA Reform Law Means For Biometrics Litigation
A recently signed Illinois law amending the Biometric Information Privacy Act limits defendants' liability exposure on a per-scan basis and clarifies that electronic signatures constitute a valid written release, establishing additional issues that courts will need to address in future BIPA litigation, say attorneys at Faegre Drinker.
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How Anti-DEI Bill Could Affect Employers' Diversity Efforts
Sen. J.D. Vance's recently introduced Dismantle DEI Act would substantially limit employers’ ability to implement and promote workplace diversity, equity and inclusion, but there are still steps employers can take to support a diverse workforce, says Peter Ennis at Cozen O’Connor.
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Opinion
Proposed Law Would Harm NYC Hospitality Industry
A recently proposed New York City Law that would update hotel licensing and staff coverage requirements could give the city commissioner and unions undue control over the city's hospitality industry, and harm smaller hotels that cannot afford full-time employees, says Stuart Saft at Holland & Knight.