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Employment
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November 04, 2024
Ogletree Adds Steptoe & Johnson Employment Pro In Texas
Labor and employment firm Ogletree Deakins Nash Smoak & Stewart PC is expanding its Texas team, announcing Monday it is bringing in a Steptoe & Johnson PLLC litigator as a shareholder in its San Antonio office.
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November 04, 2024
Ex-Twitter Marketing Exec Denied $20M Severance, Suit Says
Elon Musk abruptly fired Twitter's chief marketing officer and denied her $20 million in severance benefits because she recommended Musk meet with an employee who disagreed with letting former President Donald Trump back on the platform, according to a suit in California federal court.
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November 04, 2024
Walgreens To Pay $100M In Suit Alleging Inflated Drug Prices
Walgreens has agreed to hand over $100 million to settle claims from consumers and unions that it unlawfully overcharged insured consumers for prescription drugs while allowing members of its cost savings club to pay less, according to an Illinois federal court filing.
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November 04, 2024
Ex-Twitter Execs Can Proceed With Severance Claim
Elon Musk and X Corp. can't escape four former executives' claim that Musk fired them to prevent them from receiving severance benefits after he struck the deal to buy the company formerly known as Twitter, a California federal judge ruled while also lifting a stay on discovery.
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November 04, 2024
Justices Nix Ex-Adviser's Manifest Disregard Challenge
The U.S. Supreme Court on Monday turned away a petition asking it to resolve whether the Eleventh Circuit wrongly nixed an ex-Morgan Stanley financial adviser's bid to vacate an arbitral award favoring his former employer on the grounds that the panel manifestly disregarded the law.
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November 01, 2024
Ex-Nuclear Worker Fired Over Drug Test Is Denied Rehearing
A Mississippi federal judge said he won't allow a former nuclear engineer for Entergy Operations Inc. to proceed with a wrongful termination lawsuit accusing the company of tampering with drug tests as retaliation for his refusing to falsify safety reports, decrying his arguments as "conjecture, speculation" and "conclusory allegations."
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November 01, 2024
Wheeling & Appealing: The Latest Must-Know Appellate Action
One circuit court will hold an oral argument for the history books, with dizzying logistics and stakes surpassing almost anything on the U.S. Supreme Court's calendar. Other circuit showdowns will delve into the high court's latest opinions and flesh out fascinating feuds involving big beer brands and emerging theories of "administrative state" overreach. All that and more is making November a month of exceptional appellate intrigue.
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November 01, 2024
Fired Exec's Claims Cut From Aerospace Trade Secrets Case
An aerospace company's ex-president, who alleged defamation and unlawful termination in counterclaims against his former employer in a lawsuit accusing him of stealing its trade secrets to launch a rival business, saw all his claims get dismissed Friday in New Jersey federal court.
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November 01, 2024
Atty Suing Ex-Partner Asks Judges For 'Fairly Nominal' Bond
An attorney suing his ex-CEO over the breakup of their law firm has asked a Connecticut Superior Court judge to clear up two orders from different jurists by explaining how much bond he'll be required to post, saying a "fairly nominal" bond would ensure he keeps the case on track.
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November 01, 2024
No New Trial For Akoustis After $39M Trade Secret Case Loss
A federal judge has refused to give Akoustis Technologies Inc. another trial after jurors earlier this year told it to pay wireless company Qorvo Inc. nearly $38.6 million for trade secrets and infringing misappropriating acoustic wave resonator patents.
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November 01, 2024
Boeing Tries Again To End Strike With New Contract Offer
Boeing is hoping the third time's the charm with its latest attempt to end a seven-week strike, asking workers to approve a contract that would raise wages 38% over four years after they rejected two skimpier offers.
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November 01, 2024
NJ Mayor Harassed Police Chief, Suit Says
A suspended police chief in a New Jersey borough has filed a lawsuit in state court against the borough's mayor and other officials, alleging he has been subjected to harassment and retaliation in violation of the New Jersey Conscientious Employee Protection Act and Civil Rights Act.
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November 01, 2024
Chicago Cannabis Co. Keeps Tips From Workers, Suit Claims
A Chicago-based dispensary chain, EarthMed LLC, was hit with a proposed class action lawsuit, accusing it of allowing management to steal large portions of tips meant for "budtenders."
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November 01, 2024
Unisys Settles Trade Secrets Dispute with Ex-Execs
Information technology firm Unisys Corp. has agreed to settle claims that two former executives swiped confidential information and trade secrets before departing to work for a competitor.
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November 01, 2024
Apple Accused Of Suppressing Workers' Pay Gap Talks
National Labor Relations Board prosecutors in Oakland, California, have accused Apple of suppressing a worker-led probe of pay gaps between men and women at the company's headquarters and forcing out the programmer who led the initiative.
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November 01, 2024
Employment Authority: EEOC To Prioritize Pregnancy, AI Bias
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on the legal priorities for the U.S. Equal Employment Opportunity Commission's top cop, how policy experts say the U.S. Department of Labor can crack down on child labor violations, and how a pivotal National Labor Relations Board ruling is impacting Starbucks' bargaining strategy.
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November 01, 2024
GRSM50 Won't Be Disqualified In Detroit Hotel Firing Suit
A Michigan federal judge has refused to disqualify Gordon Rees Scully Mansukhani LLP from representing an upscale Detroit hotel in a retaliation suit filed by three fired employees, but flagged the firm for being "negligent" in its handling of discovery in the case.
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November 01, 2024
Taco Bell Franchisee Insurers Want Out Of BIPA Suit Coverage
Two Nationwide units told an Illinois federal court they owe no coverage to two Taco Bell franchisees facing a proposed class action alleging that they violated the Illinois Biometric Information Privacy Act, invoking three separate exclusions in the franchisees' commercial general liability and umbrella policies.
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November 01, 2024
Commuter Train Operator Must Obey Raise Order, Union Says
The company that runs Boston's commuter trains must give its Teamsters-affiliated workers a raise if it increased other union workers' wages, the union said in Massachusetts federal court, urging the judge to hold the company's feet to the fire by enforcing an arbitrator's order.
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November 01, 2024
Nonprofit Urges Miss. Judge To Uphold H-2A Worker Rule
A nonprofit supporting migrant workers' rights filed an amicus brief Friday urging a Mississippi federal court to deny the U.S. Chamber of Commerce's bid to stay a regulation allowing H-2A migrant farmworkers to organize, saying the rule falls well within the authority of the U.S. Department of Labor.
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November 01, 2024
4 Appellate Arguments Benefits Attys Should Watch In Nov.
The Second Circuit will weigh battles over retirement plan fees and union benefit contributions, teachers will ask the Ninth Circuit to revive their suit over interest they say is owed on their retirement accounts and the Eleventh Circuit will mull a constitutional challenge to a Florida gender-affirming care ban. Here are four upcoming arguments that benefits lawyers should have on their radar.
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November 01, 2024
Jury To Decide Timing Issue In Insulin Patch Trade Secret Row
A Massachusetts federal judge has refused to trim some allegations in Insulet Corp.'s suit alleging that a South Korean insulin pump patch manufacturer stole trade secrets, while finding that a jury needs to decide when the clock started to tick on a federal trade secrets claim.
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November 01, 2024
College Athletes' Attorney Rebuffs NIL Settlement Critics
A key architect of the landmark antitrust settlement forcing the National Collegiate Athletic Association to pay over $2.7 billion and set up a revenue-sharing system for athletes defended the deal against a slew of objectors Friday, explaining that the arrangement delivers a windfall for the athletes as quickly as possible.
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November 01, 2024
Teamsters Sue Pepsico Over Chicago Warehouse Closing
A Teamsters local has sued Pepsico on behalf of nearly 80 members it claims were laid off without proper notice when the soft drink giant abruptly announced it was closing a warehouse on Chicago's South Side.
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November 01, 2024
Up Next At High Court: Fed Funds And Securities Risks
The U.S. Supreme Court will return to the bench Monday for its November arguments session, which will start off with a debate over whether the Federal Communications Commission telecom subsidy program involves federal funds subject to the False Claims Act, and on Tuesday how Medicare funding should be calculated for hospitals that serve large numbers of low-income patients.
Expert Analysis
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Navigating Complex Regulatory Terrain Amid State AG Races
This year's 10 attorney general elections could usher in a wave of new enforcement priorities and regulatory uncertainty, but companies can stay ahead of the shifts by building strong relationships with AG offices, participating in industry coalitions and more, say Ketan Bhirud and Dustin McDaniel at Cozen O’Connor.
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How A Trump Win Might Affect The H-1B Program
A review of the Trump administration's attempted overhaul of the H-1B nonimmigrant visa program suggests policies Donald Trump might try to implement if he is reelected, and specific steps employers should consider to prepare for that possibility, says Eileen Lohmann at BAL.
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Compliance Considerations For Calif. Child Labor Audit Law
California employers will need to conduct a fact-intensive analysis to determine whether a new state law that imposes transparency rules for child labor audits applies to their operations, and should look out for regulatory guidance that answers open questions about deadlines and penalties, says Sylvia St. Clair at Faegre Drinker.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Illinois May Be Gearing Up To Ban E-Verify
Recently passed amendments to the Illinois Right to Privacy in the Workplace Act appear to effectively ban the use of E-Verify in the state, but ambiguity means employers will have to weigh the risks of continued use while also taking note of other work authorization requirements imposed by the updates, say Julie Ratliff and Elizabeth Wellhausen at Taft.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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5th Circ. Shows Admin Rules Can Survive Court Post-Chevron
The Fifth Circuit's textual analysis of the Fair Labor Standards Act, contributing to its recent affirming of the U.S. Department of Labor’s authority to set an overtime exemption salary threshold, suggests administrative laws can survive post-Chevron challenges, say Jessi Thaller-Moran and Erin Barker at Brooks Pierce.
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Politics In California Workplaces: What Employers Must Know
As the election looms, it is critical that California employers ensure their compliance with state laws providing robust protections for employees' political activity — including antidiscrimination laws, off-duty conduct laws, employee voting leave laws and more, say Bradford Kelley and Britney Torres at Littler.
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Conn. Court Split May Lead To Vertical Forum Shopping
As shown by a recent ruling in State v. Exxon Mobil, Connecticut state and federal courts are split on personal jurisdiction, and until the Connecticut Supreme Court steps in, parties may be incentivized to forum shop, causing foreign entities to endure costly litigation and uncertain liability, says Matthew Gibbons at Shipman & Goodwin.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Licensing And Protections For Voice Actors In The Age Of AI
While two recently enacted California laws and other recent state and federal legislation largely focus on protecting actors and musicians from the unauthorized use of their digital likenesses by generative artificial intelligence systems, the lesser-known community of professional voice actors also stands to benefit, says attorney Scott Mortman.
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How The Tide Of EEOC Litigation Rolled Back In FY 2024
An analysis of the location, timing and underlying claims asserted in U.S. Equal Employment Opportunity Commission-initiated cases during fiscal year 2024 shows that the commission saw a substantial decrease in litigation activity after a surge last year, but employers should not drop their guard, say Christopher DeGroff and Andrew Scroggins at Seyfarth.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Using Primacy And Recency Effects In Opening Statements
By understanding and strategically employing the primacy and recency effects in opening statements, attorneys can significantly enhance their persuasive impact, ensuring that their narrative is both compelling and memorable from the outset, says Bill Kanasky at Courtroom Sciences.
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Secret Service Failures Offer Lessons For Private Sector GCs
The Secret Service’s problematic response to two assassination attempts against former President Donald Trump this summer provides a crash course for general counsel on how not to handle crisis communications, says Keith Nahigian at Nahigian Strategies.