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Employment
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July 02, 2024
Seton Hall Says Ex-Prez's Whistleblower Suit Must Be Axed
A New Jersey trial court was urged to toss retaliation, sexual harassment and discrimination claims against Seton Hall University and its board of regents by its former president, with the school arguing the whistleblower suit is rife with "gamesmanship," ignoring both case law and the underlying facts.
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July 02, 2024
Littler Adds Partner, 4 Associates In Toronto Office
Littler Mendelson PC has added three attorneys from Sherrard Kuzz LLP to its Toronto office, another attorney from Filion Wakely Thorup Angeletti LLP and a recent articling student to join its employment law-focused firm, according to a Tuesday news release.
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July 02, 2024
Metal Co. Can't Narrow EEOC's Race Discrimination Suit
A metal galvanization company can't cut several workers from a U.S. Equal Employment Opportunity Commission suit claiming it failed to address rampant racist language at its facility, a New York federal judge ruled, rejecting the employer's argument that the employees neglected the company's anti-discrimination policies.
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July 02, 2024
DLA Piper Tells Judge Fired Associate Got Proper Discovery
Counsel for DLA Piper LLP told a Manhattan federal judge on Tuesday the firm has provided responsive information to a former associate who claims she was unlawfully fired while pregnant, adding it is confident her termination was lawful.
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July 02, 2024
Therapy Co. Sues Littler For Alleged Bad Advice
A Chicago-based therapy company has sued Littler Mendelson PC in Cook County Circuit Court, accusing the firm of failing to advise against a labor contract that was not permitted, which ended up costing the company nearly $225,000.
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July 02, 2024
Thomas Laments Cert Denial In OSHA Standard Setting Fight
The U.S. Supreme Court said Tuesday it will not review the Sixth Circuit's split decision that the Occupational Safety and Health Administration's authority to set workplace safety standards is constitutional, although Justice Clarence Thomas warned against the "far-reaching" grant of that power to an agency.
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July 01, 2024
High Court's 1-2 Punch Sets Up Long-Standing Regs For KO
By ending its term with a stinging combination against federal agencies, the U.S. Supreme Court's conservative bloc left behind a bruised bureaucracy and a regulatory system that's now vulnerable to a barrage of incoming attacks.
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July 01, 2024
UC Riverside Profs Win Combined $6.1M In Retaliation Trial
Two former University of California, Riverside professors were awarded a total of $6.1 million in damages by a jury that found they were retaliated against in violation of the California Whistleblower Protection Act after making official complaints about alleged misdeeds their supervisor was engaging in, including misuse of government funds.
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July 01, 2024
FCC Urged To Delay Broadcast Reporting Rule During Lawsuit
Religious broadcasters and advocacy groups are urging the Federal Communications Commission to halt collection of workforce race and gender demographics at television and radio broadcasters while a challenge to a reinstated rule proceeds in the Fifth Circuit.
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July 01, 2024
Nev. Supreme Court Won't Give Gruden 2nd Try Against NFL
The Nevada Supreme Court will not rehear a decision to send to arbitration former Las Vegas Raiders head coach Jon Gruden's defamation lawsuit against the NFL, a three-member court panel ruled Monday.
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July 01, 2024
Workers Accuse Kanye West Of 'Extreme' Racism On The Job
Eight young app developers have sued "Heartless" rapper Ye, formerly known as Kanye West, his company and its former chief of staff, conservative firebrand Milo Yiannopoulos, in California federal court, alleging they fostered a hostile and abusive working environment, subjecting them to "extreme racism," bullying and harassment without pay.
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July 01, 2024
Ill., Northshore Say Anti-Vax Case Not About Religious Liberty
A nurse working for a Northshore Health unit in Illinois should be permanently blocked from pursuing employment deprivation claims over her initial denial of a COVD-19 religious vaccine exemption, the health facility said, arguing she is using a state conscience law as a "sword" against COVID-19 protections.
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July 01, 2024
VC Co.'s Ex-Marketing Chief Wins $1.4M Damages In Retrial
A jury awarded $1.4 million in damages for unpaid bonuses to a former marketing director for a biotechnology-focused venture capital company after a retrial on the damages award, unanimously granting the ex-executive almost the same amount as an earlier award that a New York federal judge opposed.
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July 01, 2024
Ex-LSU Football Director Seeks Full 5th Circ. Bias Suit Review
A former Louisiana State University football director asked the Fifth Circuit on Monday for a full-court review of its ruling that her bias suit does not plausibly show that school officials violated public records law by not turning over sexual harassment investigation records.
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July 01, 2024
DOL's Overtime Rule Survives Texas Marketer's Injunction Bid
A Texas federal judge refused Monday to grant a marketing company's request to block a U.S. Department of Labor rule that raises the salary thresholds for claiming overtime-exemption under federal law, saying the firm failed to show it will be harmed by the new standards.
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July 01, 2024
Trucking Co. Inks Deal To End Drivers' OT Collective Action
A trucking company and a group of drivers have reached a deal in a suit that started in 2020 claiming that workers received a "per-ton" compensation that ignored overtime, a Kentucky federal judge has said.
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July 01, 2024
Opera Singer Says Anti-Gay Bias Behind U. Of Michigan Firing
An opera singer said he was improperly canned from his tenured professorship by the University of Michigan in 2020 after allegations surfaced that he and his husband raped a musician a decade earlier, arguing that he faced harsher punishments and biased proceedings because he is gay.
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July 01, 2024
Ex-Calif. Law Firm CFO Charged in $1.2M Embezzlement
The former chief financial officer of two related San Francisco law firms now faces federal criminal charges that he embezzled at least $1.2 million from the companies, and the government is trying to seize some of his properties.
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July 01, 2024
Pegasystems Investors Sue After $2B Trade Secrets Verdict
A pair of Pegasystems Inc. stockholders are seeking to hold its CEO and other officers liable for lost value following a $2 billion judgment against the company in a trade secrets case, according to a shareholder derivative complaint filed in Massachusetts state court.
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July 01, 2024
CNX Says Employee Tried To Patent Its Tech For Himself
CNX Resources Corp. has filed a trade secret lawsuit in Pennsylvania federal court accusing a former employee of wrongfully using the natural gas company's confidential business information to file patent applications in his own name.
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July 01, 2024
Wash. Hospital To Pay $1.4M To End Meal Break Wage Suit
A Washington hospital agreed to shell out $1.4 million to end a lawsuit claiming employees worked through meal breaks without pay, with a medical coder urging a federal court to sign off on the settlement covering about 1,350 workers.
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July 01, 2024
AbbVie Hit With Age, Gender Bias Suit By Former Salesman
AbbVie Inc. fired a regional sales director as a pretext to avoid paying him for stock options and because of retaliatory complaints by two women who had received poor performance reviews, according to a suit filed in Massachusetts state court.
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July 01, 2024
8th Circ. Reverses Sanctions On Ark. Firm Over Fee Award
The Eighth Circuit has reversed a district court's sanction barring a law firm from participating in Fair Labor Standards Act lawsuits in the Eastern District of Arkansas over reported violations of the rules of civil procedure.
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July 01, 2024
DOL Overtime Exemptions Rule 'Likely Unlawful,' Judge Says
A U.S. Department of Labor rule that took effect Monday and raises the salary thresholds for overtime exemptions won't apply to the state of Texas for now, a Texas federal judge said, finding that the rule "is likely unlawful."
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July 01, 2024
Supreme Court Widens Window To Challenge Federal Regs
Legal challenges to federal regulations can be brought outside the normal statute of limitations if someone isn't adversely affected until after the six-year window of time to file suit, the U.S. Supreme Court ruled Monday.
Expert Analysis
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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Exploring Alternatives To Noncompetes Ahead Of FTC Ban
Ahead of the Sept. 4 effective date for the Federal Trade Commission's noncompete ban, employers should seek new ways to protect their proprietary and other sensitive information, including by revising existing confidentiality and nondisclosure agreements, says Harvey Linder at Culhane.
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10 Tips To Build Trust With Your Witness During Trial Prep
Preparing a witness for deposition or trial requires more than just legal skills — lawyers must also work to cultivate trust with the witness, using strategies ranging from wearing a hat when conducting mock cross-examination to offering them a ride to court before they testify, say Faye Paul Teller and Sara McDermott at Munger Tolles.
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DOL's New OT Rule Will Produce Unbalanced Outcomes
The U.S. Department of Labor's new salary level for the Fair Labor Standards Act overtime exemption is about 65% higher than the current threshold and will cause many white collar employees to be classified as nonexempt because they work in a location with a lower cost of living, not because of their duties, says Stephen Bronars at Edgeworth Economics.
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5th Circ. Venue-Transfer Cases Highlight Mandamus Limits
Three ongoing cases filed within the Fifth Circuit highlight an odd procedural wrinkle that may let district courts defy an appellate writ: orders granting transfer to out-of-circuit districts, but parties opposing intercircuit transfer can work around this hurdle to effective appellate review, says Charles Fowler at McKool Smith.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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3 Wage And Hour Tips For A Post-Chevron World
Employers can take three steps to handle day-to-day wage and hour compliance in the event that the U.S. Supreme Court soon reshifts the administrative law landscape by overturning the Chevron doctrine, which could cause a massive sea change in the way we all do business, say Seth Kaufman and Matthew Korn at Fisher Phillips.
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8 Steps Companies Should Take After An Internal Investigation
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.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
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.
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Attys Beware 2 Commonly Overlooked NIL Contract Issues
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.
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After Years Of Popularity, PAGA's Fate Is Up In The Air
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.
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12 Keys To Successful Post-Trial Juror Interviews
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.
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How Employers, Attorneys Can Respond To Noncompete Ban
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.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
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.