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Employment
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August 29, 2024
Cheerleader Drops Exploitation Suit Against Northwestern
A former Northwestern University cheerleader has dropped her Illinois federal lawsuit that accused the school of sexually exploiting her and fellow squad members in order to bring in big dollars from donors.
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August 29, 2024
NLRB Rejects Amazon Challenges To Staten Island Union Win
The National Labor Relations Board rejected Amazon's challenge to the results of a union's election victory at a Staten Island, New York, warehouse, saying Thursday the company did not present strong enough evidence that the union's conduct interfered with workers' choice in the election.
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August 29, 2024
NLRB Partners With Other Feds In Merger Probes
The National Labor Relations Board said it's teaming up with the U.S. Department of Justice, the U.S. Department of Labor and the Federal Trade Commission to investigate mergers that present competition concerns for workers.
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August 29, 2024
Ga. School District Settles Wage Docking Suit With Bus Driver
A Georgia school district has agreed to settle a lawsuit with a bus driver who alleged she was forced to work practically without pay for three months after the district docked her wages to recoup the workers' compensation benefits she had received, according to a notice filed Wednesday.
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August 29, 2024
5th Circ. Rules That Welding Inspector Isn't An Employee
The Fifth Circuit refused Wednesday to revive a welding inspector's claim that a company he performed work for violated federal labor law by refusing to pay him wages and overtime, ruling in a published opinion that the inspector's claim failed since he wasn't an employee but an independent contractor.
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August 29, 2024
4th Circ. Won't Revive Whistleblower's Credit Suisse Tax Suit
The Fourth Circuit upheld the dismissal of a former Credit Suisse employee's whistleblower case that alleged the Swiss bank continued to help clients evade taxes after it made a related plea deal with the U.S., saying a 2023 U.S. Supreme Court decision on the False Claims Act could not save the case.
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August 29, 2024
NFL, Broncos Say Player's THC Suit Belongs In Arbitration
The NFL and Denver Broncos said a former player's revised discrimination lawsuit can't avoid arbitration because claims that he was unfairly fined more than $532,000 for using prescribed THC to treat medical conditions still fall under a collective bargaining agreement.
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August 29, 2024
Judge Trims Assault, Wage Claims Against Long Island Cafe
A New York federal judge tossed some claims brought by one of eight former employees suing Marie Eiffel Market, a Long Island cafe popular with celebrities, but left the majority of the claims brought by the employees untouched.
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August 29, 2024
Burke Warren Nixed WFH Request, Violating ADA, Suit Says
A former legal assistant at Burke Warren MacKay & Serritella PC has sued the firm for disability discrimination in Illinois federal court, saying he was illegally fired rather than accommodated when his cancer treatment led him to ask for a permanent work-from-home schedule.
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August 29, 2024
Albright Boots $8B EV Trade Secrets Suit For Improper Venue
U.S. District Judge Alan Albright tossed out a $7.8 billion trade secrets dispute between two electric vehicle companies, adopting a federal magistrate judge's recommendation that the case should be handled in Israel where he said both companies and the majority of the individuals related to the matter already are.
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August 29, 2024
JPMorgan Says Ex-Adviser Poached Clients Worth $13M
JPMorgan Chase has accused a former adviser of attempting to solicit clients for Wells Fargo, an effort JPMorgan alleged has so far been successful in converting 16 clients worth $13 million to its competitor.
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August 29, 2024
FTC Wants Kroger's Constitution Suit To Follow Merger Case
The Federal Trade Commission is sparring with Kroger over where, and when, to handle the grocery giant's constitutional counterattack to the FTC's merger challenge, with the agency teeing up a bid to move the company's Ohio federal court suit to Oregon, where it's defending the proposed Albertsons purchase.
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August 29, 2024
9th Circ. Says Trucking Group's Brief Is Too Late In AB 5 Row
The Ninth Circuit declined to take up a California trucking industry group's bid to upend a lower court decision that rejected their challenge to the Golden State's independent contractor classification law, known as A.B. 5, saying the group failed to file an opening brief on time.
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August 29, 2024
Ex-Littler Atty Drops Suit Alleging Firm Violated $1M Deal
A former Littler Mendelson PC lawyer has dropped her California state court lawsuit against the firm that alleged it had violated a settlement inked in a suit the firm filed in Texas state court accusing the attorney of stealing confidential information, wrapping up the dispute between the former associate and the firm.
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August 29, 2024
GOP States Ask Justices To Undo Trans Patients' 4th Circ. Win
A group of two dozen Republican attorneys general told the U.S. Supreme Court it should review a Fourth Circuit decision barring West Virginia and North Carolina from excluding coverage of gender-affirming medical care for transgender people, arguing states need the power to control controversial nascent treatments.
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August 29, 2024
6th Circ. Reverses OSU's Win In Student's Harassment Suit
The Sixth Circuit scrapped wins handed to Ohio State University and a professor in a former graduate student's suit claiming her Ph.D. adviser sabotaged her doctoral candidacy exam after she rejected his romantic advances, ruling that key evidence had been impermissibly blocked from trial.
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August 29, 2024
Chicago Bears Settle Hiring Bias Suit From White Law Student
The Chicago Bears have quietly settled a discrimination lawsuit brought by a DePaul University law student who accused the team of discrimination when it declined to hire him as a "legal diversity fellow" because he is a white male.
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August 29, 2024
Under-The-Radar Gov't Contracts Cases: Midyear Report
Alongside blockbuster rulings so far this year shaking up the federal contracting landscape are lower-profile decisions with noteworthy legal outcomes, addressing issues such as when late submissions matter, when they don't, and whether local wage requirements can affect federal contracts. Here are four lower-profile decisions from the first half of 2024 with significant legal findings that could impact federal contractors.
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August 28, 2024
Dr.'s Suit Blames Practice's Buyer For Chaos After Sale
A North Carolina doctor struck back in a lawsuit blaming him for business challenges following the sale of his practice to another physician, alleging in counterclaims that the purchasing physician lied about his intentions for the practice and ultimately led it to ruin.
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August 28, 2024
Ex-Exec's $1M Suit Accuses Houston McNair Family Of 'Coup'
A longtime employee of the Houston McNair family has accused the children of late businessman Bob McNair of staging a "coup" to oust him from the family's companies, denying him more than $1 million in post-termination benefits in the process.
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August 28, 2024
Disabled Radio Host's Discrimination Suit Gets Trimmed
An Illinois federal judge has granted Midway Broadcasting Corp. summary judgment on a former radio host's Rehabilitation Act claim in a suit alleging his show was canceled because he has cancer, concluding the law didn't apply to the company.
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August 28, 2024
Co. Pushed Director To Work With Broken Fingers, Suit Says
A military contractor forced a department head to work with broken fingers and a spinal injury following a serious fall, refused to provide short-term disability leave paperwork and ultimately fired him when he raised concerns, according to a complaint filed in Connecticut federal court.
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August 28, 2024
Teamsters Can't Arbitrate Sysco Pension Spat, Judge Says
A Teamsters local can't take its challenges about a monthly early retirement benefit to arbitration, a Michigan federal judge determined Wednesday, finding that the grievance process under a collective bargaining agreement doesn't cover the dispute.
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August 28, 2024
11th Circ. Trans Health Redo May Spark Supreme Court Fight
The Eleventh Circuit's recent decision to rehear Georgia county officials' appeal seeking to exclude gender-confirmation surgery from its employee healthcare coverage rekindles an appellate debate on the extent to which Title VII protects transgender workers that could soon reach the U.S. Supreme Court, attorneys say.
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August 28, 2024
Wash. AG Fears Kroger Will Move Goalposts For Merger Trial
The Washington Attorney General's Office told a state court Wednesday that Kroger refuses to commit to sticking with the current terms of its divestiture package in its merger with Albertsons, which the state fears would unfairly "move the goalposts" less than three weeks before a trial on the state's merger challenge kicks off.
Expert Analysis
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Insuring Lender's Baseball Bet Leads To Major League Dispute
In RockFence v. Lloyd's, a California federal court seeks to define who qualifies as a professional baseball player for purposes of an insurance coverage payout, providing an illuminating case study of potential legal issues arising from baseball service loans, say Marshall Gilinsky and Seán McCabe at Anderson Kill.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Preparing For The NLRB's New Union Recognition Final Rule
The National Labor Relations Board's impending new final rule on union recognition puts the employer at a particular disadvantage in a decertification election, and best practices include conducting workplace assessments to identify and proactively address employee issues, say Louis Cannon and Gerald Bradner at Baker Donelson.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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OSHA Workplace Violence Citation Highlights Mitigation Steps
The Occupational Safety and Health Administration's recent citation against behavioral health company Circles of Care sheds light on the enforcement risks companies may face for failing to prevent workplace violence, and is a reminder of the concrete steps that can help improve workplace safety, say attorneys at Benesch.
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From Muppet Heads To OJ's Glove: How To Use Props At Trial
Demonstrative graphics have become so commonplace in the courtroom that jurors may start to find them boring, but attorneys can keep jurors engaged and improve their recall by effectively using physical props at trial, says Clint Townson at Townson Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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Why DOJ's Whistleblower Program May Have Limited Impact
The U.S. Department of Justice’s new whistleblower pilot program aims to incentivize individuals to report corporate misconduct, but the program's effectiveness may be undercut by its differences from other federal agencies’ whistleblower programs and its interplay with other DOJ policies, say attorneys at Milbank.
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CFPB's Earned Wage Access Rule Marks Regulatory Shift
The Consumer Financial Protection Bureau's newly issued interpretive rule on earned wage access products, classifying them as extensions of credit, marks a significant shift in their regulatory landscape and raises some important questions regarding potential fringe cases and legal challenges, say Erin Bryan and Courina Yulisa at Dorsey & Whitney.
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How Calif. Justices' Prop 22 Ruling Affects The Gig Industry
The California Supreme Court's recent upholding of Proposition 22 clarifies that Uber, Lyft, DoorDash and other companies in the gig industry can legally classify their drivers as independent contractors, but it falls short of concluding some important regulatory battles in the state, says Mark Spring at CDF Labor.
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Takeaways From Virginia's $2B Trade Secrets Verdict Reversal
The Virginia Court of Appeals' recent reversal of the $2 billion damages award in Pegasystems v. Appian underscores the claimant's burden to show damages causation and highlights how an evidentiary ruling could lead to reversible error, say John Lanham and Kamran Jamil at Morrison Foerster.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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Employers Face Uncertainty After Calif. Justices' Slur Ruling
In Bailey v. San Francisco District Attorney's Office, the California Supreme Court recently ruled that a singular use of a racial slur may be sufficiently severe to support a hostile work environment claim, leaving employers to speculate about what sort of comments or conduct will meet this new standard going forward, says Stephanie Roeser at Manatt.