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Employment
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August 20, 2024
A Deep Dive Into Law360 Pulse's 2024 Women In Law Report
The legal industry continues to see incremental gains for female lawyers in private practice in the U.S., according to a Law360 Pulse analysis, with women now representing 40.6% of all attorneys and 51% of all associates.
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August 20, 2024
These Firms Have The Most Women In Equity Partnerships
The legal industry still has a long way to go before it can achieve gender parity at its upper levels. But these law firms are performing better than others in breaking the proverbial glass ceiling that prevents women from attaining leadership roles.
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August 20, 2024
BNSF Urges 5th Circ. To Nix Colorblind Conductor's ADA Suit
BNSF Railway Co. urged the Fifth Circuit to reject a colorblind conductor's bid to revive his disability bias suit claiming he was illegally fired for failing a vision test, arguing that the former employee's impairment disqualified him for the job.
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August 20, 2024
Catching Up With Delaware's Chancery Court
A nearly record-breaking attorney fee got the nod in Delaware last week, along with Chancery Court settlements involving an international private jet service and a chain of trampoline parks. New disputes involved a famous burger restaurant chain, a computer-chip maker, a now-defunct genomic science company, and a historic manor house in west London.
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August 20, 2024
Philadelphia, Insurer Settle Trans Firefighter's Surgery Suit
The city of Philadelphia, Independence Blue Cross and a firefighters union agreed to settle a transgender firefighter's suit claiming she was unlawfully denied coverage for facial feminization surgery, just weeks after a Pennsylvania federal judge refused to let the insurer out of the case.
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August 19, 2024
Hospital Says NLRB Injunction Bid Relies On Disputed Facts
A National Labor Relations Board official's request for an injunction compelling a Michigan hospital to resume recognizing a Service Employees International Union affiliate is short on uncontested facts and heavy on pressure to adopt the official's findings, the hospital argued Monday, urging a federal judge to deny the request.
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August 19, 2024
Military Reservist Tells High Court Top-Up Pay Law Is Broad
A federal employee who was denied top-up pay while on active duty as a military reservist urged the U.S. Supreme Court on Monday to rule that all federally employed reservists are owed differential pay if serving during a national emergency, regardless of the circumstances.
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August 19, 2024
DOJ Says No Arthrex Problem In SpaceX Hiring Bias Probe
The U.S. Department of Justice is urging a Texas federal judge to side with the administrative law judge overseeing the immigration bias investigation against SpaceX, saying the company is using its constitutional attack against the framework of the proceeding as a distraction.
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August 19, 2024
Seattle Says White Worker Can't Show Diversity Training Harm
The city of Seattle has argued that a white ex-employee can't prevail in his discrimination claims over its workplace diversity programming, telling a Washington federal judge the worker was never disciplined or demoted despite his "increasingly aggressive and inappropriate attacks on coworkers" who supported the racial justice initiative.
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August 19, 2024
Kroger Flips Script, Challenges FTC's Constitutionality
Kroger went on the offensive Monday, a week before Oregon federal court proceedings kick off in the Federal Trade Commission's challenge to its purchase of Albertsons, in a lawsuit going after the constitutionality of the agency's in-house court, also set to contest the merger.
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August 19, 2024
Disney, Miramax Can't Escape NY Weinstein Sex Assault Suit
A New York state judge on Monday declined to dismiss an actress's claims against The Walt Disney Co., its subsidiary Miramax Film NY LLC and Creative Artists Agency LLC over an alleged sexual assault by disgraced film executive Harvey Weinstein.
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August 19, 2024
USAF, Airmen Debate Mootness Of Vax Mandate Challenge
In a pair of dueling briefs, both the U.S. Air Force and a cadre of its airmen are sparring over whether the military's revocation of its COVID-19 vaccine mandate for service members spells the end for the airmen's suit challenging the mandate on religious freedom grounds.
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August 19, 2024
6th Circ. Backs $250K Jury Win In Sergeant's Retaliation Suit
The Sixth Circuit on Monday upheld a $250,000 jury verdict finding that a Michigan county brought retaliatory use-of-force criminal charges against a sheriff's office sergeant for filing a previous lawsuit, ruling he put forward enough proof that the charges he was hit with may have been bogus.
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August 19, 2024
4th Circ. Cuts Liberty Loose In Medicare Reimbursement Row
A North Carolina widow can't revive a proposed class action accusing Liberty Mutual of failing to reimburse Medicare for her deceased husband's medical costs, the Fourth Circuit said Monday, finding she wasn't injured and therefore lacked standing to sue.
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August 19, 2024
Colo. Justices To Weigh On Minimum Wage Claims' Timing
The Colorado Supreme Court said Monday it will clear up whether the Colorado Wage Claim Act's shorter statute of limitations applies to claims brought under the state's Minimum Wage Act.
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August 19, 2024
Boston Defeats Suit By Fired Police Commissioner
A Boston police commissioner who was fired over decades-old abuse allegations had plenty of chances to give his side of the story, a Massachusetts federal court said Monday in rejecting claims he was defamed and stigmatized by the city's ex-mayor.
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August 19, 2024
3M Wants Conn. Firefighters' PFAS Case Paused For MDL
3M has asked a Connecticut federal court to stay a proposed class action by firefighters who wore technical gear containing so-called forever chemicals until there's a decision on whether to transfer the suit to a multidistrict litigation in South Carolina.
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August 19, 2024
Siemens Accused Of Violating Wash. Pay Transparency Law
Siemens Corp. violated Washington wage disclosure law by failing to list the wage scale for a field service technician role, according to a proposed class action removed to federal court in Seattle.
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August 19, 2024
Workers For Auto Parts Co. Want Wage Suit Certified
A group of workers for an automotive parts company pressed a North Carolina federal court to allow their wage shortfall claims to proceed as a collective, saying their case satisfies all the requirements for certification.
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August 19, 2024
NCAA Defends $2B NIL Deal Amid Growing Opposition
The NCAA is pushing back against critics of its more than $2 billion proposed name, image and likeness settlement with college athletes, arguing the deal is the result of "intense and carefully structured negotiations" by competent class counsel, and detractors have baseless objections.
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August 19, 2024
LSU Shreds Ex-Coach's Suit Over Vacated Football Wins
Louisiana State University has urged a federal judge to dump an "attention-seeking" lawsuit from former football coach Les Miles, stressing that the embittered coach has no ownership or legal claim to the "wins" the school stripped from his tenure after an NCAA investigation.
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August 19, 2024
Judge Urges Throwing Out DOJ's 'Simple' Race Bias Suit
A federal judge recommended dismissing a U.S. Department of Justice suit accusing a Georgia county of firing two Black workers who complained about a slur from a white colleague, faulting the DOJ for trying to "overcomplicate" the case.
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August 19, 2024
Builders Want 6th Circ. Nix Of NLRB Captive Meeting Memo
The National Labor Relations Board general counsel's memorandum saying so-called captive audience meetings are unlawful is a "censorship scheme," the Associated Builders and Contractors of Michigan argued to the Sixth Circuit, seeking reversal of a lower court ruling that tossed the group's First Amendment claims.
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August 19, 2024
Ex-NJ County Exec Loses Bid To DQ Firm In Retaliation Suit
A former Cumberland County, New Jersey, health official claiming his firing was political retaliation cannot disqualify the county's counsel in his lawsuit, Testa Heck Testa & White PA, over interactions he had with two firm attorneys around the time of his firing, a state court judge ruled Friday.
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August 19, 2024
US Tennis Won't Get New Trial In Sexual Abuse Liability Suit
A Florida federal judge denied the U.S. Tennis Association's request for a new trial in a case that held the organization liable for the sexual assault of player Kylie McKenzie at the hands of her coach, leaving in place a $9 million jury verdict.
Expert Analysis
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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What 2 Rulings On Standing Mean For DEI Litigation
Recent federal court decisions in the Fearless Fund and Hello Alice cases shed new light on the ongoing wave of challenges to diversity, equity and inclusion initiatives, with opposite conclusions on whether the plaintiffs had standing to sue, say attorneys at Moore & Van Allen.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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4 Steps To Repair Defense Credibility In Opening Statements
Given the continued rise of record-breaking verdicts, defense counsel need to consider fresh approaches to counteract the factors coloring juror attitudes — starting with a formula for rebuilding credibility at the very beginning of opening statements, says Ken Broda-Bahm at Persuasion Strategies.
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Compliance Countdown To New Calif. Workplace Safety Rules
Nearly all California employers should be taking steps to prepare for the July 1 deadline to comply with a Labor Code update that will introduce the first general industry workplace violence prevention safety requirements in the U.S., say attorneys at Littler.
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Arbitration Implications Of High Court Coinbase Ruling
The U.S. Supreme Court's recent Coinbase v. Suski ruling not only reaffirmed the long-standing principle that arbitration is a matter of contract, but also established new and more general principles concerning the courts' jurisdiction to decide challenges to delegation clauses and the severability rule, say Tamar Meshel at the University of Alberta.
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Prejudicial Evidence Takeaways From Trump Hush Money Trial
The Manhattan District Attorney's Office's prosecution and conviction of former President Donald Trump on 34 felony counts provides a lesson on whether evidence may cause substantial unfair prejudice, or if its prejudicial potential is perfectly fair within the bounds of the law, says Reuben Guttman at Guttman Buschner.
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Top 5 Issues For Employers To Audit Midyear
Six months into 2024, developments from federal courts and regulatory agencies should prompt employers to reflect on their progress regarding artificial intelligence, noncompetes, diversity initiatives, religious accommodation and more, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Addressing Labor Shortages In The Construction Industry
As the construction industry's ongoing struggle with finding sufficient skilled workers continues, companies should consider a range of solutions including a commitment to in-house training and creative contracting protocols, say Brenda Radmacher and Allison Etkin at Akerman.
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Tailoring Compliance Before AI Walks The Runway
Fashion industry players that adopt artificial intelligence to propel their businesses forward should consider ways to minimize its perceived downsides, including potential job displacements and algorithmic biases that may harm diversity, equity and inclusion efforts, say Jeffrey Greene and Ivory Djahouri at Foley & Lardner.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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3 Surprising Deposition Dangers Attorneys Must Heed
Attorneys often do not think of discovery as a particularly risky phase of litigation, but counsel must closely heed some surprisingly strict and frequently overlooked requirements before, during and after depositions that can lead to draconian consequences, says Nate Sabri at Perkins Coie.