Employment

  • December 06, 2024

    Boeing Shareholder Attys Intervene In Parallel Chancery Suit

    Attorneys for two Boeing Co. stockholders pursuing derivative claims in Virginia federal court secured approval on Friday to intervene in a later filed case in Delaware's Court of Chancery, citing concerns that a "dilatory" approach by the Delaware camp could jeopardize both suits.

  • December 06, 2024

    High Court Bar's Future: Gupta Wessler's Jennifer Bennett

    As a litigator for workers and consumers, Jennifer D. Bennett made her debut at the U.S. Supreme Court at an inauspicious time, when conservative justices were consistently helping corporations move major cases onto advantageous turf in arbitration. But since then, Bennett has amassed a flawless argument record and helped to turn the tide, making her one of the high court's most promising young advocates.

  • December 06, 2024

    AFL-CIO Says Lighting Co. Shouldn't Get NLRB Suit Block

    The AFL-CIO has backed the National Labor Relations Board in opposing a lighting company's attempt to block the agency from pursuing a case against it over what the company alleges are unconstitutional removal protections of its members, saying the company hasn't met its burden of showing the president wanted to fire board members.

  • December 06, 2024

    Naval Academy Can Use Race In Admissions Decisions

    The U.S. Naval Academy can continue to consider race in aspects of its admissions process, a Maryland federal judge ruled Friday, saying the military college had demonstrated a compelling national security reason.

  • December 06, 2024

    Employment Authority: Skidmore Could Be Chevron 2.0

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on how the 80-year-old Skidmore doctrine is becoming more relevant after the U.S. Supreme Court nixed Chevron, with a talk with New York City Council Member Shaun Abreu, who was behind the bar of weight- and height-based discrimination in workplaces and the city's pet care law, and how the possible firings of the National Labor Relations Board's Democratic members could thwart the agency. 

  • December 06, 2024

    UPS Worker Can't Revive USERRA Retaliation Suit At 9th Circ.

    The Ninth Circuit upheld the dismissal of a UPS worker's suit claiming the delivery company stalled his efforts to get back to work after an injury because he sued the business alleging discrimination against service members, finding on Friday that company policy drove the delay.

  • December 06, 2024

    Jaguars Seek DraftKings Records In Suit Against Embezzler

    The Jacksonville Jaguars have asked a Massachusetts judge to let the team subpoena records from a DraftKings employee who handled the account of a former team executive who embezzled $22 million to support a gambling habit. 

  • December 06, 2024

    SAG-AFTRA Plan Left Data Exposed To Breach, Members Say

    The SAG-AFTRA Health Plan lacked adequate security to keep personal information safe from a September data breach, two members alleged in California federal court, saying a proposed class is at risk for a "full gamut of cyber-crimes," including identity theft and phishing scams.

  • December 06, 2024

    Tech Firm Says Unpaid Expenses Suit Belongs In Arbitration

    A customer experience technology company urged a Colorado federal court Friday to throw out a lawsuit from a remote worker who said the company required her to purchase high-speed internet and a computer but didn't reimburse her for these costs, saying the former employee signed a valid arbitration agreement.

  • December 06, 2024

    Firm Can't Strike Settlement Talks From Ex-Receptionist's Suit

    Arizona-based personal injury firm Rafi Law Group PLLC's counterclaim against a former receptionist and its motion to strike a portion of her retaliation complaint have both been rejected by a federal judge who said the firm did not sufficiently support its motions.

  • December 06, 2024

    Off The Bench: Kyrie Irving Sued, Golf's New Transgender Ban

    In this week's Off The Bench, the New York Knicks and Rangers sue the unknown masses of people selling counterfeit team gear, a therapist who put on a family retreat for Kyrie Irving sues him over the bill, and two major golf organizations block transgender players from women's tournaments.

  • December 06, 2024

    No Proof Man Promoted Over Woman At Banking Dept., NJ Says

    New Jersey has urged a state court to throw out gender discrimination and retaliation claims from a former acting director at the New Jersey Department of Banking and Insurance, arguing she didn't show she was passed over for a promotion because of her gender.

  • December 06, 2024

    Freshfields Adds 2 Corporate Laterals In Silicon Valley

    Freshfields Bruckhaus Deringer LLP has expanded its offerings in Silicon Valley with the additions of a capital markets attorney from Cooley LLP and an employee benefits and executive compensation attorney from Goodwin Procter LLP.

  • December 06, 2024

    Biz Owner In $2.8M Worker Tax Scheme Asks To Avoid Prison

    A construction company owner who admitted skirting $2.8 million in employment taxes by claiming that his workers were subcontractors, including one who fell to his death on a job, asked a Massachusetts federal court Friday for a sentence of home confinement rather than prison.

  • December 06, 2024

    Logistics Co., Ex-Worker Strike Deal In Suit Over Racist Threat

    A logistics company has agreed to resolve a Black former employee's lawsuit claiming the company failed to protect him from a racist threat from a white co-worker who had warned him that he could be lynched, according to filings in Pennsylvania federal court.

  • December 06, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen Burberry file a copyright claim against discount store B&M, the former owner of Charlton Athletic file a debt claim against the football club, and British Airways and the U.K. government face a class action brought by flight passengers taken hostage at the start of the First Gulf War. Here, Law360 looks at these and other new claims in the U.K.

  • December 06, 2024

    Boston City Councilor Indicted In Bonus Kickback Scheme

    A Boston city councilor stole thousands of dollars in public funds through a bonus kickback scheme she orchestrated with a relative she hired to work in her office, federal prosecutors said Friday.

  • December 05, 2024

    Jane Street Ends Trade Secret Fight With Rival Investing Firm

    Jane Street Group LLC and Millennium Management LLC have agreed to put to rest their trade secrets dispute over a proprietary trading strategy, according to a joint stipulation of dismissal filed Thursday in New York federal court.

  • December 05, 2024

    Netflix Can't Get Midtrial Win In 'Our Father' Case

    An Indiana federal judge on Thursday rejected Netflix's midtrial bid to escape a suit accusing it of negligently revealing the identities of the biological children of a rogue fertility doctor in the "Our Father" documentary, saying there was sufficient evidence for the jury to consider.

  • December 05, 2024

    'Texas Two-Step,' Exec Bonus Bankruptcy Bills Reintroduced

    Lawmakers in the U.S. Senate this week renewed efforts to pass two bankruptcy bills that would bolster rights for employees and crack down on the controversial use of so-called Texas two-step bankruptcies.

  • December 05, 2024

    Judge Recommends Axing Some Claims In X Severance Suit

    A Delaware federal judge on Thursday recommended pruning of a 14-count suit filed by six former Twitter employees accusing the company now known as X and Elon Musk of contract breaches and other claims in connection with Musk's takeover of the social media giant in 2022.

  • December 05, 2024

    Gov't Efficiency Push Is A 'New Day,' House Speaker Says

    House Speaker Mike Johnson, R-La., spoke excitedly Thursday about the new government efficiency operation helmed by billionaire Elon Musk and former presidential candidate Vivek Ramaswamy and touted the budding bipartisan lineup of a congressional caucus that will work with it.

  • December 05, 2024

    Kraft Heinz, Ex-Worker Settle 'Miami Vice' Costume Firing Suit

    The Kraft Heinz Co. has settled a free speech lawsuit by a terminated white manager and school board candidate accused of jeopardizing the company's reputation by wearing blackface before his employment during a Halloween attempt to look like the character Ricardo Tubbs from the television show "Miami Vice."

  • December 05, 2024

    Colo. Sheriff Says County Worker Rights Law Can't Touch Him

    A Colorado sheriff is suing the state to challenge application of a collective bargaining law to him, arguing in a complaint filed Wednesday in Denver District Court that applying the law to sheriffs interferes with their legal authority and independence.

  • December 05, 2024

    Tesla Can't 'Pretend' Dismissal Was Stay Order, 9th Circ. Says

    A Ninth Circuit panel on Thursday doubted Tesla's arguments that a California federal court had jurisdictional authority to enforce its arbitration win against an ex-Tesla engineer's defamation claims, with one judge noting that Tesla asked to dismiss the engineer's case and it can't now "pretend" the dismissal was a stay order.

Expert Analysis

  • Considering Noncompete Strategies After Blocked FTC Ban

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    A Texas district court's recent decision in Ryan v. Federal Trade Commission to set aside the new FTC rule banning noncompetes does away with some immediate compliance obligations, but employers should still review strategies, attend to changes to state laws and monitor ongoing challenges, say attorneys at Baker McKenzie.

  • Replacing The Stigma Of Menopause With Law Firm Support

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    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

  • Planning Law Firm Content Calendars: What, When, Where

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    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.

  • Insuring Lender's Baseball Bet Leads To Major League Dispute

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    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.

  • Series

    Playing Golf Makes Me A Better Lawyer

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    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.

  • Preparing For The NLRB's New Union Recognition Final Rule

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    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.

  • Law Firms Should Move From Reactive To Proactive Marketing

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    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.

  • OSHA Workplace Violence Citation Highlights Mitigation Steps

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    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.

  • From Muppet Heads To OJ's Glove: How To Use Props At Trial

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    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.

  • Opinion

    The Big Issues A BigLaw Associates' Union Could Address

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    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.

  • Opinion

    It's Time For A BigLaw Associates' Union

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    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.

  • Why DOJ's Whistleblower Program May Have Limited Impact

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    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.

  • CFPB's Earned Wage Access Rule Marks Regulatory Shift

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    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.

  • How Calif. Justices' Prop 22 Ruling Affects The Gig Industry

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    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.

  • Takeaways From Virginia's $2B Trade Secrets Verdict Reversal

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    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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