Employment

  • July 11, 2024

    9th Circ. Signals Dr.'s Vax-Refusal Case Deserves New Chance

    Ninth Circuit judges signaled Thursday that they were likely to revive a doctor's case claiming he was wrongfully fired from his Washington State University residency for refusing to get a COVID-19 vaccination, with two judges questioning if the school went far enough to accommodate his religious beliefs.

  • July 11, 2024

    NFL Arbitration Clause Is Still No Good, Flores Tells 2nd Circ.

    Former Miami Dolphins head coach Brian Flores implored the Second Circuit to keep his racial discrimination suit against the NFL out of arbitration Thursday, telling the court that the closed-door process is "highly oppressive" and tramples over federal law.

  • July 11, 2024

    Staffing Claim Against Kaiser Will Go To Trial, Judge Says

    A United Food and Commercial Workers local can continue litigating its claim that Kaiser Permanente affiliates violated provisions in labor contracts guaranteeing adequate staffing, a Colorado federal judge ruled, saying there are outstanding issues to be resolved at trial.

  • July 11, 2024

    3rd Circ. Greenlights FLSA Claims For NCAA Athletes

    Amateurism can't shield the NCAA from student-athletes' Fair Labor Standards Act claims, the Third Circuit ruled Thursday, laying out a test to sort out whether athletes can be considered employees under the federal statute.

  • July 11, 2024

    Security Manager Gave $85M Biz Book To Rival Co., Suit Says

    A former Connecticut regional manager spent days downloading "extensive" data before leaving a security firm for a direct competitor, then gave his new employer millions of dollars' worth of stolen secrets to snipe clients and bolster his chances for earning a lucrative bonus, according to a new suit filed in federal court.

  • July 11, 2024

    Ex-Northwestern Coach Accuses University Of Defamation

    The former offensive coordinator of Northwestern University's football team has sued the university, its president and its athletic director, claiming they portrayed him and the rest of the football staff in a false light when they fired head coach Pat Fitzgerald amid a hazing scandal and defamed him after he wore a T-shirt supporting the coach to practice.

  • July 11, 2024

    Navy Can't Get Out Of Ex-Marine's PTSD Discrimination Suit

    A Washington federal judge won't let the U.S. Navy out of a suit from a former Marine alleging that he was discriminated against and terminated over his post-traumatic stress disorder, saying there is enough evidence that a fact-finder could determine his boss retaliated against him.

  • July 11, 2024

    Kioti Info Must Be Public In $7.7M Fraud Suit, Court Told

    A financial services business is pushing the North Carolina Business Court to reject an attempt by the parent company of Kioti to seal away financial records, arguing that the company hasn't shown a need for secrecy that overcomes the court's preference to keep information public.

  • July 11, 2024

    Cruise Ship Co. Sanctioned With Fees In Sexual Assault Suit

    Carnival Corp. will have to pay fees related to a discovery dispute stemming from a $10.2 million sexual assault personal injury lawsuit, a Florida federal judge has ruled in a sanctions order, finding that the cruise company must pay a portion of the legal bills of a female passenger after "clear" discovery violations occurred.

  • July 11, 2024

    NJ Atty Pushes To End Seton Hall Ex-Prez's Whistleblower Suit

    Former Seton Hall University board chair and prominent defense attorney Kevin H. Marino has joined the school in asking a New Jersey court to dismiss a rancorous lawsuit brought by the school's ex-president, saying a new report proves the suit is built on lies.

  • July 11, 2024

    Biden Taps Cohen Weiss Atty As PBGC Director

    President Joe Biden on Thursday tapped an attorney who most recently served as of counsel at Cohen Weiss & Simon LLP to head the Pension Benefit Guaranty Corp.

  • July 11, 2024

    Trans Worker Seeks Facial Hair Removal In ERISA Suit

    A transgender woman said her employer's health benefit plan administered by UnitedHealthcare refused to cover facial hair removal as part of her gender-affirming care in violation of the Employee Retirement Income Security Act, according to a complaint filed in Washington federal court.

  • July 11, 2024

    Atty Fined For Missing 'Every Deadline' Since Feb. In Bias Suit

    A Philadelphia-based attorney has missed so many deadlines in a federal race bias lawsuit against a Penn State University branch campus that the senior circuit judge assigned to his case issued sanctions and a stern warning that a large caseload is no excuse on Thursday.

  • July 11, 2024

    Atty's Trial Antics Don't Doom $3.4M Bias Verdict, Judge Says

    A trucking company won't get a chance to retry a race discrimination lawsuit that ended in a $3.4 million verdict against it last year after a Georgia federal judge found Wednesday that the plaintiff's counsel's improper conduct at trial didn't prejudice the jury.

  • July 11, 2024

    Insurer Can Tap Trust Fund For Old Claims, Mass. Court Says

    A Massachusetts intermediate appellate court concluded Thursday that workers' compensation insurers who are no longer selling policies in the state but still paying benefits on older claims are entitled to seek partial reimbursement from an employer-funded state trust fund, reversing its own prior holding on the question.

  • July 11, 2024

    Campbell Soup Snack Truck Drivers Misclassified, Suit Says

    A duo of Campbell Soup drivers who deliver snacks to retailers accused the company of misclassifying them as independent contractors to cheat them out of minimum and overtime wages, according to a proposed collective action filed in North Carolina federal court.

  • July 11, 2024

    Ex-Union Leader Gets 6 Years For Bribery, Embezzlement

    John "Johnny Doc" Dougherty, the former business manager of the International Brotherhood of Electrical Workers Local 98 in Philadelphia, was sentenced Thursday to six years in prison after being convicted of bribing a city councilman and stealing over $500,000 from the union.

  • July 11, 2024

    Wash. Justices Agree To Review State's Pot Co. Wage Suit

    The Washington Supreme Court has agreed to review whether the state labor agency jumped the gun by suing a cannabis company to collect back pay for employees before the agency knew how much money the workers were owed.

  • July 11, 2024

    Biden Floats $2B To Drive US Auto Industry's EV Pivot

    The Biden administration on Thursday unveiled its latest initiative to bolster domestic automotive production by offering nearly $2 billion in grants to convert 11 auto manufacturing and assembly facilities that have been shuttered or are at risk of closing to build electric vehicles and related components.

  • July 10, 2024

    Texas Panel Tosses Electrocution Suit Against Oil Well Owner

    A Texas state appeals court found that an oil field station owner wasn't responsible for a contractor's electrocution at the station, ruling Tuesday that the owner didn't owe any duty to the contractor under any negligence theory because it didn't direct the contractor's work.

  • July 10, 2024

    X Coder Fired For Tweet Not Protected, NLRB Judge Says

    A software engineer terminated by Twitter, now known as X Corp., was a supervisor when she tweeted that workers should let Elon Musk fire them for working remotely and thus can't challenge her termination as an employee, a National Labor Relations Board judge found on Tuesday.

  • July 10, 2024

    Ex-Kasowitz IP Pro Says Firm Gave Him Boot, Withheld Pay

    Former Kasowitz Benson Torres LLP partner Jay Deshmukh filed a lawsuit in New York state court against his former firm Tuesday, saying the firm "deliberately" fired him weeks before his one-year anniversary so it could hold back more than half his annual pay.

  • July 10, 2024

    FTC Must Think Hard Before Trying More Rules, Commish Says

    One of the Federal Trade Commission's recently confirmed Republican commissioners called on the agency Wednesday to take a close look at how courts handle its ban on employment noncompete clauses before considering any further attempts at pushing the bounds of its regulatory authority.

  • July 10, 2024

    Attys Bolt In Groups 'All The Time,' Colo. Judge Says

    A Colorado judge hearing the appeal of an attorney who lost a jury trial in which she was accused of trying to lure colleagues away from a well-known regional personal injury firm noted Wednesday that lawyers commonly leave their firms in groups.

  • July 10, 2024

    ​GOP Bombards Agencies With Demands After Chevron's End

    Republican leaders of major congressional committees Wednesday demanded details from dozens of agencies on policies suddenly shrouded in uncertainty after U.S. Supreme Court conservatives overturned the so-called Chevron doctrine, which for 40 years gave regulators flexibility in rulemaking and advantages in related litigation.

Expert Analysis

  • 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.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • One Contract Fix Can Reduce Employer Lawsuit Exposure

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    A recent Fifth Circuit ruling that saved FedEx over $365 million highlights how a one-sentence limitation provision on an employment application or in an at-will employment agreement may be the easiest cost-savings measure for employers against legal claims, say Sara O'Keefe and William Wortel at BCLP.

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • The State Of Play In DEI And ESG 1 Year After Harvard Ruling

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    Almost a year after the U.S. Supreme Court decided Students for Fair Admissions v. Harvard, attorney general scrutiny of environmental, social and governance-related efforts indicates a potential path for corporate diversity, equity and inclusion initiatives to be targeted, say attorneys at Crowell & Moring.

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