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Employment
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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 GascĂłn 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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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."
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August 13, 2024
NLRB Prosecutors, Mich. AG Ink Labor Enforcement Pact
National Labor Relations Board prosecutors have teamed up with the Michigan Department of Attorney General to root out misclassification and other violations of workers' rights in the agency's first collaboration with a state attorney general, the board announced Tuesday.
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August 13, 2024
CBP Strikes $45M Deal To End Pregnancy Bias Suit
U.S. Customs and Border Protection will pay $45 million to wrap up a class action brought on behalf of 1,000 workers who said the agency forced them onto light duty because they became pregnant, the workers' attorneys said Tuesday.
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August 13, 2024
Ga. Waste Firms, EEOC Settle Gender Bias Suit
Four waste removal companies in Georgia are working to finalize a consent decree to end a suit by the Equal Employment Opportunity Commission claiming they subjected female truck driver applicants to sexist interview questions before filling roles with less qualified men, court records show.
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August 13, 2024
Former Va. Labor Commissioner Joins McGuireWoods
Former Virginia labor department head Courtney M. Malveaux has joined McGuireWoods LLP, the firm announced Tuesday, with the seasoned U.S. Occupational Safety and Health Administration expert saying he hopes to draw on his experience to help employers going through crisis and incident responses.
Expert Analysis
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The Merger Cases That Will Matter At ABA Antitrust Meeting
While the American Bar Association's Antitrust Spring Meeting this week will cover all types of competition law issues in the U.S. and abroad, expect the federal agencies' recent track record in merger enforcement to be a key area of focus on the official panels and in cocktail party chatter, say attorneys at Freshfields.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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A Snapshot Of The Evolving Restrictive Covenant Landscape
Rachael Martinez and Brooke Bahlinger at Foley highlight recent trends in the hotly contested regulation and enforcement of noncompetition and related nonsolicitation covenants, and provide guidance on drafting such provisions within the context of stand-alone employment agreements and merger or acquisition transactions.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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Broadway Ruling Puts Discrimination Claims In The Limelight
A New York federal court's recent decision in Moore v. Hadestown Broadway that the employers' choice to replace a Black actor with a white actor was shielded by the First Amendment is the latest in a handful of rulings zealously protecting hiring decisions in casting, say Anthony Oncidi and Dixie Morrison at Proskauer.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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Beware OSHA's Aggressive Stance Toward Safety Violations
The solicitor of labor's recent enforcement report shows the Occupational Safety and Health Administration will increasingly consider creative enforcement measures and even criminal referrals to hold employers accountable for workplace safety infractions, say Ronald Taylor and Page Kim at Venable.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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The Tricky Implications Of New Calif. Noncompete Laws
Two new California noncompete laws that ban certain out-of-state agreements and require employers to notify certain workers raise novel issues related to mergers and acquisitions, and pose particular challenges for technology companies, says John Viola at Thompson Coburn.
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Patent Ownership Issues In Light Of USPTO AI Guidance
Recently published guidance from the U.S. Patent and Trademark Office establishes that inventions created using artificial intelligence may be patentable if a human also significantly contributes, but ownership and legal rights in these types of patents are different issues that require further assessment, says Karl Gross at Leydig Voit.
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Calif. Ruling Shows Limits Of Exculpatory Lease Clauses
A California court's recent decision in Epochal Enterprises v. LF Encinitas Properties, finding a landlord liable for failing to disclose the presence of asbestos on the subject property, underscores the limits of exculpatory clauses' ability to safeguard landlords from liability where known hazards are present, say Fawaz Bham and Javier De Luna at Hunton.
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Breaking Down California's New Workplace Violence Law
Ilana Morady and Patrick Joyce at Seyfarth discuss several aspects of a new California law that requires employers to create and implement workplace violence prevention plans, including who is covered and the recordkeeping and training requirements that must be in place before the law goes into effect on July 1.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Fears About The End Of Chevron Deference Are Overblown
While some are concerned about repercussions if the U.S. Supreme Court brings an end to Chevron deference in the Loper and Relentless cases this term, agencies and attorneys would survive just fine under the doctrines that have already begun to replace it, say Daniel Wolff and Henry Leung at Crowell & Moring.
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What A Post-Chevron Landscape Could Mean For Labor Law
With the U.S. Supreme Court’s ruling on Chevron deference expected by the end of June, it’s not too soon to consider how National Labor Relations Act interpretations could be affected if federal courts no longer defer to administrative agencies’ statutory interpretation and regulatory actions, say attorneys at Morgan Lewis.