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Employment
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July 19, 2024
NFL Antitrust Verdict, WWE Chair Woes Define 2024's 1st Half
The first half of 2024 saw bombshell allegations and yearslong litigation lurching forward, highlighted by the shocking lawsuit accusing the founder of WWE of horrific sexual conduct, an iconic magazine almost shuttering and two NFL cases reaching significant milestones.
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July 19, 2024
FTC Wants To Block Kroger & Albertsons' 'Principal Defense'
Federal Trade Commission staffers want to block Kroger and Albertsons from using their main defense to an in-house merger challenge — the plan to sell off 579 stores — or otherwise force the companies to produce documents so far protected as privileged, according to a recently public filing.
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July 19, 2024
US Chess Tolerates Human Trafficking, Champion Claims
The U.S. Chess Federation provides an arena for human trafficking and retaliated against a whistleblower who reported alleged sexual abuse, a two-time national champion claims in a lawsuit filed in New Jersey state court.
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July 19, 2024
Law Profs Throw Flag On NFL's 'Unconscionable' Arbitration
Allowing the NFL's arbitration system, with commissioner Roger Goodell as the arbitrator, to prevail in Brian Flores' discrimination dispute with the league is "unconscionable" and "egregious," a dozen law professors have told the Second Circuit in an amicus brief supporting the former Miami Dolphins head coach.
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July 19, 2024
Hanes Fired Remote Worker Over COVID Vax Refusal, Suit Says
A former Hanes employee brought a discrimination suit against the clothing company Friday, claiming he was fired after the employer refused to provide religious accommodations regarding its COVID-19 vaccine mandate despite his work-from-home status.
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July 19, 2024
Atlanta Strikes Deal To End Ex-Worker's Retaliation Suit
The city of Atlanta has reached a deal with its former immigrant affairs director to resolve her lawsuit alleging she was fired after blowing the whistle on failures in the city's immigrant outreach services, according to a filing in Georgia federal court.
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July 19, 2024
What The End Of Chevron Means For FTC Rulemaking
Federal agencies can no longer expect courts to defer to their interpretation of challenged regulatory authorities under a landmark U.S. Supreme Court ruling the Federal Trade Commission expects will have no "significant impact," but that observers say could help trip up a noncompetes ban and perhaps other efforts.
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July 19, 2024
9th Circ. Says Fueling Planes Is Arbitration-Exempt Work
The Ninth Circuit on Friday affirmed that an airplane fuel pumper can proceed with his unpaid wage claims in federal court rather than in arbitration, ruling his work is involved in the flow of interstate commerce and he is thus a transportation worker exempt from the Federal Arbitration Act.
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July 19, 2024
Temple U.'s Ken Jacobsen On NCAA-House Deal, What's Next
Even with a deal of such size and consequence — approximately $2.8 billion, more than 184,000 athletes in the class, all the Power Five conferences named and with decades of court rulings leading up to it — the settlement over name, image and likeness compensation in the Grant House-led class action against the NCAA is best seen as a beginning, rather than an end.
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July 19, 2024
PTAB Invalidates Claims In Amsted Railcar Patent
The Patent Trial and Appeal Board has wiped out several claims in an Amsted Rail Co. Inc. patent covering a way of monitoring the performance of railcars, after the patent had become the subject of a suit between the railcar parts manufacturer and a former executive.
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July 19, 2024
Ex-Bronco Linebacker Sues NFL Over Denied THC Exemption
A former linebacker for the Denver Broncos is suing the team and the National Football League, alleging they're violating the Colorado Anti-Discrimination Act by denying him an exemption to use synthetic THC to treat his disabilities.
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July 19, 2024
NJ Says 3rd Circ. Ruling Backs State Temp Worker Law
The State of New Jersey called a federal court's attention to a recent Third Circuit decision holding that the bar for issuing preliminary injunctions should be higher, saying the ruling supports its argument opposing a business community request to block a state law regulating protections for temporary workers.
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July 19, 2024
NLRB Drops Challenge To Joint Employer Rule Vacatur
The National Labor Relations Board dropped its appeal of a Texas federal judge's decision vacating its rule expanding its definition of joint employer under federal labor law, saying it wants to consider its approach to the policy in light of the court's decision.
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July 19, 2024
Off The Bench: Trial Time For Jerry Jones, Sunday Ticket Row
In this week's Off The Bench, Jerry Jones' legal battle with the woman claiming to be his daughter reaches a courtroom, Sunday Ticket subscribers clap back at the NFL, and soccer fans go after the stadium they could not enter for the Copa America final.
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July 19, 2024
Lin Wood Loses Bid To DQ Judge In Ga. Defamation Case
A Georgia federal judge on Friday refused to recuse himself from presiding over a trial in the defamation case against retired attorney L. Lin Wood from his former colleagues, ruling that Wood's disqualification bid against him is "untimely and, in any event, meritless."
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July 19, 2024
Rising Star: Jackson Lewis' Douglas J. Klein
Douglas J. Klein of Jackson Lewis PC has defended employers against class and collective actions, including federal court cases involving a "naked" class waiver at Insomnia Cookies and wage-and-hour claims against New York's Metropolitan Transportation Authority, earning him a spot among employment law practitioners under age 40 honored by Law360 as Rising Stars.
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July 18, 2024
Fed. Circ. OKs Navy Deal Despite Contractor's Labor Unrest
The Federal Circuit denied Thursday a contractor's protest bids for U.S. Navy aircraft services contracts at two European bases, rejecting arguments that the lower court didn't properly consider the winning contractor's past labor violations and that the U.S. Supreme Court's overturning of the so-called Chevron doctrine "upends" the underlying decision.
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July 18, 2024
Insults Fly As Attys Beef Over Ex-NFL Player's Sex Abuse Suit
Attorneys for an ex-NFL player and the former controller for his reptile shipping company accused each other of stonewalling, dishonesty and running up litigation costs at a hearing Thursday, where a Colorado state judge largely ignored the lawyers' "speeches" and urged them to confer more meaningfully.
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July 18, 2024
Florida Urges 11th Circ. To Allow Gender Law Despite Appeal
Florida officials have urged the Eleventh Circuit to immediately allow enforcement of a law restricting gender-affirming treatment for transgender minors and adults despite an appeal, saying that a lower court wrongly determined the law was discriminatory and that patients will be harmed if "life-altering" medical procedures are not outlawed.
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July 18, 2024
5th Circ. Upholds Tossing Of Ship Captain's Toxic Injury Suit
A former offshore supply vessel captain, who claims chemicals aboard caused his cancer and kidney failure, must sue his U.S. employer in England, the Fifth Circuit has ruled, saying the employment contract's forum selection clause is enforceable even after considering Louisiana's law which largely prohibits such clauses.
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July 18, 2024
9th Circ. Revives Fired Doctor's COVID Vax Religious Bias Suit
The Ninth Circuit revived a doctor's claims that Washington State University failed to accommodate his religious beliefs when it fired him from his residency for refusing the COVID-19 vaccine, ruling Thursday that U.S. Supreme Court precedent necessitates another look at his case.
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July 18, 2024
Ex-Seattle Port Police Chief Seeks Up To $20M In Firing Trial
The Port of Seattle's former police chief told a Washington state jury on Thursday that $14 million to $20 million from his former employer would be a "reasonable range" of damages for robbing him of his law enforcement career as punishment for complaining about unfairness in workplace misconduct investigations.
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July 18, 2024
SpaceX Tells 5th Circ. It Will Win Challenge To NLRB Structure
The Fifth Circuit should block claims that SpaceX violated labor law from proceeding before the National Labor Relations Board because the company has a good shot at winning its constitutional challenge to the agency's structure, SpaceX argued.
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July 18, 2024
Miner Seeks Atty Fees After 4th Circ. DOL Judges Ruling
A former miner urged the Fourth Circuit to approve approximately $21,000 in attorney fees in his case seeking benefits for his black lung disease, saying he has been unable to reach a settlement with an engineering company that challenged the appointment of two U.S. Department of Labor administrative law judges.
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July 18, 2024
Ga. County Escapes Jailer Discrimination Suit
Troup County, Georgia, beat a retaliation and discrimination suit lodged by a former jail officer who had accused the county of allowing a chief deputy sheriff to allude to her being owned by someone in a slavery reference, according to a finding in federal court Wednesday.
Expert Analysis
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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How Echoing Techniques Can Derail Witnesses At Deposition
Before depositions, defense attorneys must prepare witnesses to recognize covert echoing techniques that may be used by opposing counsel to lower their defenses and elicit sensitive information — potentially leading to nuclear settlements and verdicts, say Bill Kanasky and Steve Wood at Courtroom Sciences.
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6 Ways To Minimize Risk, Remain Respectful During Layoffs
With a recent Resume Builder survey finding that 38% of companies expect to lay off employees this year, now is a good time for employers to review several strategies that can help mitigate legal risks and maintain compassion in the reduction-in-force process, says Sahara Pynes at Fox Rothschild.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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NYC Workplace AI Regulation Has Been Largely Insignificant
Though a Cornell University study suggests that a New York City law intended to regulate artificial intelligence in the workplace has had an underwhelming impact, the law may still help shape the city's future AI regulation efforts, say Reid Skibell and Nathan Ades at Glenn Agre.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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Args In APA Case Amplify Justices' Focus On Agency Power
In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.
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Mitigating Whistleblower Risks After High Court UBS Ruling
While it is always good practice for companies to periodically review whistleblower trainings, policies and procedures, the U.S. Supreme Court’s recent whistleblower-friendly ruling in Murray v. UBS Securities helps demonstrate their importance in reducing litigation risk, say attorneys at Arnold & Porter.
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Using Arbitration And Class Waivers As Privacy Suit Tools
Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.
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Future Not Looking Bright For Calif. Employee Nonsolicits
California's new legislation imposing potentially harsh consequences on employers for attempting to enforce noncompetes raises questions about the fate of employee nonsolicitation agreements — and both federal and state court decisions suggest the days of the latter may be numbered, say Anthony Oncidi and Philippe Lebel at Proskauer.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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Del. Ruling Stands Out In Thorny Noncompete Landscape
In Cantor Fitzgerald v. Ainslie, the Delaware Supreme Court last month upheld the enforceability of forfeiture-for-competition provisions in limited partnership agreements, providing a noteworthy opinion amid a time of increasing disfavor toward noncompetes and following a string of Chancery Court rulings deeming them unreasonable, say Margaret Butler and Steven Goldberg at BakerHostetler.
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Class Actions At The Circuit Courts: February Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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Reassessing Trade Secrets Amid Proposed Noncompete Ban
The Federal Trade Commission's proposed ban on noncompete agreements as well as state bans make it prudent for businesses to reevaluate and reinvigorate approaches to trade secret protection, including knowing what information employees are providing to vendors, and making sure confidentiality agreements are put in place before information is shared, says Rob Jensen at Wolf Greenfield.