Try our Advanced Search for more refined results
Employment
-
August 14, 2024
AI Job Search Co. Says Rival's Claims Don't Support IP Suit
Job search platform Tarta.ai has again asked a California federal court to dismiss Jobiak LLC's copyright complaint accusing its rival of stealing its artificial intelligence-driven employment postings database, saying Jobiak has not shown that its individual job listings are copyrightable or that the court has jurisdiction over the case.
-
August 14, 2024
1st Circ. Revives Vax Refusal Suit Against Beth Israel
The First Circuit on Tuesday revived a suit against health facility system Beth Israel Lahey Health Inc. from an office manager who was fired over her refusal to be vaccinated against COVID-19, disagreeing with a lower court that said she hadn't shown a genuine religious belief meriting a vaccine exemption.
-
August 14, 2024
Calbiotech Beats Ex-Worker's 401(k) Retaliation Suit
A former Calbiotech Inc. employee must return a $12,500 payment he received after being terminated, a California federal judge ruled, finding he breached his severance agreement by filing a lawsuit claiming he was let go for asking about the life sciences company's 401(k) plan documents.
-
August 14, 2024
Curaleaf Says Ballot Selfie Warrants Redo Of NLRB Election
A Massachusetts cannabis dispensary asked the National Labor Relations Board to reverse an agency official's decision rejecting the company's claim that a voter tainted a union representation election by sharing a selfie with his ballot, saying the incident raised questions about the secrecy of workers' ballots.
-
August 14, 2024
Ga. High Court Passes On Reviving Public Defender Bias Suit
The Georgia Supreme Court has declined to take up the wrongful termination case of a former public defender employee with breast cancer, leaving in place an appellate court decision that overturned a 22-year-old ruling by saying the state did not waive its sovereign immunity when it enacted the Fair Employment Practices Act.
-
August 14, 2024
Baker Botts, Sumner Schick Seek $14.3M In Fees For IP Win
Baker Botts LLP and Sumner Schick LLP are seeking nearly $14.3 million in attorney fees plus almost $1.8 million in costs for representing Computer Sciences Corp. in a trade secrets dispute where the IT company won $168.4 million after a Texas jury found Tata Consultancy Services willfully misappropriated CSC's proprietary information.
-
August 14, 2024
9th Circ. Appears Skeptical Of Ex-Assistant DA's Firing Suit
The Ninth Circuit on Wednesday seemed chilly to a former San Francisco assistant district attorney's claim that he was booted from his post as punishment for blowing the whistle on misconduct, with judges saying he hadn't drawn a clear connection between speaking out and getting fired.
-
August 14, 2024
Florida Firm Renews Bid To Ditch Paralegal's Shorted Pay Suit
A West Palm Beach, Florida, law firm has asked a federal judge to dismiss a former paralegal's wage and retaliation suit, arguing her independent contractor status and failure to report unpaid work make her claims unviable.
-
August 14, 2024
Paralegal With Cancer Says In-Office Job Offer Used To Ax Her
A paralegal with stage 4 breast cancer is suing two California law firms for wrongful termination and disability discrimination, saying that when they made plans to merge, they took away her remote work accommodations.
-
August 14, 2024
Chancery Says Unisys Must Advance Ex-Workers' Legal Fees
Pennsylvania information technology company Unisys Corp. must front the legal fees and expenses for two executives it hired away from French competitor Atos SE and then sued for trade secret infringement after they went back to Atos two years later, Delaware's Court of Chancery has ruled.
-
August 14, 2024
Oil Equipment Co. Says Ex-Workers Took Patent-Pending Tech
An oilfield equipment company has taken two of its former workers and the competitor they left for to Texas federal court over claims the ex-employees absconded with its patent-pending oil valve technology and then shared it and other trade secrets with their new employer.
-
August 13, 2024
LA Prosecutor Sues DA Over Handling Of Sex Assault Case
A Los Angeles County deputy district attorney has filed a whistleblower retaliation lawsuit in California state court against District Attorney George Gascón and Los Angeles County, alleging that he was targeted for exposing misconduct within the DA's office over its handling of a high-profile sex assault case.
-
August 13, 2024
10th Circ. Says Mine Can't Undo Worker's Black Lung Benefits
A Tenth Circuit panel on Tuesday rejected a coal mining company's attempt to prevent a retired Utah miner from getting benefits under the Black Lung Benefits Act, finding the miner's time working in above-ground facilities did not remove the law's presumption in his favor.
-
August 13, 2024
Aramark Applicant Drops Wash. Pay Transparency Suit
A job applicant on Monday dropped her proposed class action accusing Aramark of failing to include full pay ranges in job postings in violation of Washington state's wage transparency law.
-
August 13, 2024
Quarry Liable For Layoff Notices, NLRB Tells DC Circ.
The National Labor Relations Board correctly found that a quarry operator illegally issued layoff notices to union supporters, the agency argued to the D.C. Circuit on Tuesday, saying the company hadn't followed its practice of laying people off during cold weather.
-
August 13, 2024
NY Cannabis Regulator Accused Of Racial Discrimination
A public employee with New York state's cannabis regulatory agency said in a new federal lawsuit that she was denied advancement because of racial discrimination and then retaliated against when she called attention to it.
-
August 13, 2024
Parts Maker Can't Escape Goya Death Suit
A machine manufacturer must face claims that a negligent inspection at a Texas-based Goya food distribution center led to a forklift operator burning to death after crashing into a pipe carrying hot beans, a federal judge has ruled, saying a jury could still find the company liable for failing to warn of the low hanging pipe.
-
August 13, 2024
Former In-House Atty Says Healthcare Co. Can't Duck Suit
A onetime assistant general counsel for Panoramic Health told a Colorado federal judge on Tuesday that her former employer could not escape the wrongful-termination suit she filed in May, arguing that a bid to dismiss the case must fail because she had plausibly alleged that her firing was a result of having reported compliance issues.
-
August 13, 2024
Kroger Blasts FTC's 'Head-To-Head' Competition Claims
Kroger and Albertsons have assailed the Federal Trade Commission's challenge to their merger, telling an Oregon federal judge that there's no need to preliminarily block the deal because the agency is pushing a "never before applied" theory that reducing head-to-head competition is illegal, which the grocery stores said is undone by the law and the companies' planned divestiture of 579 stores.
-
August 13, 2024
Yellow Takes Teamsters' Win Over Restructuring To 10th Circ.
Yellow Corp. has asked the Tenth Circuit to revive its $137 million lawsuit accusing the Teamsters of driving the logistics firm into bankruptcy by fighting a necessary corporate restructuring, according to an appeals notice.
-
August 13, 2024
Ex-Pro Says $2B NCAA Deal Undercuts Collective Bargaining
Former NBA player David West and his attorney have joined a growing chorus of opposition to the NCAA's more than $2 billion proposed name, image and likeness settlement with college athletes, arguing it circumvents collective bargaining.
-
August 13, 2024
Intel Accused Of Firing Israeli Who Flagged Pro-Hamas Posts
Intel terminated an Israeli vice president of engineering because he reported that his boss was openly supporting Hamas on social media in the wake of the militant group's Oct. 7 attack in Israel, according to a lawsuit filed Tuesday in New York federal court.
-
August 13, 2024
Wash. Social Media Ban Violates Workers' Free Speech
The Washington State Court of Appeals has said a state law barring injured workers from posting videos of their state workers' compensation medical exams on social media is an unconstitutional violation of free speech rights.
-
August 13, 2024
Fla. Produce Co. Can't Change Settlement, EEOC Says
The U.S. Equal Employment Opportunity Commission asked a Michigan federal court Tuesday to enforce a settlement with a Florida-based produce supplier that is now insisting on changing the deal over sexual harassment claims after the parties had already agreed on the terms.
-
August 13, 2024
Atlanta Falcons Aim To Escape Ex-Team Doctor's Claims
The NFL's Atlanta Falcons have asked a Georgia federal judge to throw out claims by its former head physician against it as part of a broader civil rights lawsuit against Emory Healthcare, calling the doctor's complaint "unintelligible" and a "quintessential shotgun pleading."
Expert Analysis
-
Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
-
Recent Settlement Shows 'China Initiative' Has Life After Death
Though the U.S. Department of Justice shuttered its controversial China Initiative two years ago, its recent False Claims Act settlement with the Cleveland Clinic Foundation demonstrates that prosecutors are more than willing to civilly pursue research institutions whose employees were previously targeted, say attorneys at Benesch.
-
How Calif. Ruling Alters Worker Arb. Agreement Enforcement
The California Supreme Court’s recent ruling in Ramirez v. Charter Communications should caution employers that while workers’ arbitration agreements will no longer be deemed unenforceable based on their number of unconscionable provisions, they must still be fair and balanced, says Sander van der Heide at CDF Labor.
-
Congress Quietly Amends FEPA: What Cos. Should Do Now
Last week, Congress revised the Foreign Extortion Prevention Act — passed last year to criminalize demand-side foreign bribery — to address inconsistencies and better harmonize the law with the Foreign Corrupt Practices Act, and companies should review their compliance programs accordingly, say Mark Mendelsohn and Benjamin Klein at Paul Weiss.
-
How First-Of-Its-Kind NIL Lawsuit Is Shaping College Athletics
College quarterback Jaden Rashada's recent fraudulent inducement allegations filed against the University of Florida’s head football coach in Florida federal court provide a glimpse into how universities and collectives are navigating novel name, image and likeness issues, and preview potential future legal challenges these institutions may face, say attorneys at O'Melveny.
-
CFTC Action Highlights Necessity Of Whistleblower Carveouts
The U.S. Commodity Futures Trading Commission's novel settlement with a trading firm over allegations of manipulating the market and failing to create contract carveouts for employees to freely communicate with investigators serves as a beacon for further enforcement activity from the CFTC and other regulators, say attorneys at Davis Wright.
-
Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
-
Defending Against Aggressive DOL Child Labor Enforcement
The U.S. Department of Labor's recent unsuccessful injunction against an Alabama poultry facility highlights both the DOL's continued focus on child labor violations and the guardrails and defenses that employers can raise, say attorneys at Littler.
-
Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
-
2 Lessons From Calif. Overtime Wages Ruling
A California federal court's recent decision finding that Home Depot did not purposely dodge overtime laws sheds light on what constitutes a good faith dispute, and the extent to which employers have discretion to define employees' workdays, says Michael Luchsinger at Segal McCambridge.
-
Questions Remain After 3rd Circ.'s NCAA Amateurism Ruling
The Third Circuit's recent holding that college athletes can be considered employees under the FLSA adds to the trend of student-athletes obtaining new legal status in collegiate athletics, but leaves key questions unanswered, including how the economics of the decision will be applied, say attorneys at Reed Smith.
-
Justices' Starbucks Ruling May Limit NLRB Injunction Wins
The U.S. Supreme Court’s recent decision in Starbucks v. McKinney, adopting a more stringent test for National Labor Relations Board Section 10(j) injunctions, may lessen the frequency with which employers must defend against injunctions alongside parallel unfair labor practice charges, say David Pryzbylski and Colleen Schade at Barnes & Thornburg.
-
Class Actions At The Circuit Courts: July Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers cases touching on pre- and post-conviction detainment conditions, communications with class representatives, when the American Pipe tolling doctrine stops applying to modified classes, and more.
-
Biden Policy Gives Employers New Ways To Help Dreamers
A new Biden administration immigration policy makes the process more predictable for Deferred Action for Childhood Arrivals recipients to seek employment visas, and, given uncertainties surrounding DACA’s future, employers should immediately determine which of their employees may be eligible, says Jennifer Kim at Moore & Van Allen.
-
How To Comply With Chicago's New Paid Leave Ordinance
Chicago's new Paid Leave and Paid Sick and Safe Leave Ordinance went into effect earlier this month, so employers subject to the new rules should update leave policies, train supervisors and deliver notice as they seek compliance, say Alison Crane and Sarah Gasperini at Jackson Lewis.