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Employment
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October 31, 2024
Jones Day Pushes To Shield Memo In Parental Leave Case
As two former Jones Day associates who are challenging the firm's family leave policy prepare to potentially go to trial in late 2025, Jones Day has told a D.C. federal court that a memorandum stating business reasons for a personnel decision shouldn't lose its status as privileged communication just because it references legal issues.
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October 31, 2024
Holland & Knight Brings On Jones Day Tax Expert In Dallas
In an effort to bolster its national corporate transactional and private equity practices, Holland & Knight LLP added an experienced attorney from Jones Day in Dallas to provide deal support to its clients.
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October 31, 2024
Justices Set Arguments In Firefighter's ADA Suit Over Benefits
The U.S. Supreme Court said Thursday it set a January date to hear oral arguments in a case that could end up expanding the reach of the Americans with Disabilities Act.
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October 31, 2024
NJ Agency Accused Of Wrongfully Firing Legal Professional
A former legal professional for the New Jersey Economic Development Authority has filed a lawsuit against her ex-employer in state court, alleging the agency discriminated against her because of her disability and wrongfully fired her during a trying time in her life.
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October 31, 2024
6th Circ. Split Over NLRB Remedy In Starbucks Firing Case
The Sixth Circuit was divided Thursday over Starbucks' challenge to a National Labor Relations Board order finding the coffee giant unlawfully fired a worker at a Michigan cafe, with the judges probing the limits of the board's power to remedy unfair labor practices.
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October 31, 2024
The 2024 Law360 Pulse Leaderboard
Check out the Law360 Pulse Leaderboard to see which firms made the list of leaders in all-around excellence this year.
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October 31, 2024
Firms' Hiring Strategies Are Evolving In Fight For Top Spot
Competition for top talent among elite law firms shows no signs of slowing down, even amid economic uncertainty, with financially strong firms deploying aggressive strategies to attract and retain skilled professionals to solidify their market position.
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October 30, 2024
Calif. Panel Axes $10.6M Abex Asbestos Verdict
A California appellate panel has thrown out a $10.6 million asbestos verdict against Pneumo Abex LLC and ordered a new trial, finding that the trial court erred in granting a directed verdict that rejected the now-bankrupt braking lining manufacturer's sophisticated user defense.
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October 30, 2024
Judge Stops Arbitration Of Connecticut Trial Firm Breakup
A Connecticut Superior Court judge has issued an emergency order temporarily restraining the CEO of a law firm known for high-dollar trial verdicts from arbitrating a dispute over the practice's breakup after onetime partner Andrew P. Garza filed suit late last week.
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October 30, 2024
Google Workers Want Antitrust 'Gag Order' Lifted
A union for Google workers is demanding the company rescind a directive ordering employees not to discuss the government's search monopolization case against the tech giant or the remedies that could be imposed after the court found Google violated antitrust law.
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October 30, 2024
Amazon Beats Cert. But Can't Nix NJ Security Screenings Suit
A New Jersey federal judge on Wednesday refused to nix a complaint filed by Amazon workers over unpaid time undergoing mandatory post-shift security screenings before they could leave the premises, while declining to certify the proposed class, finding not all workers were subject to uniform security screenings across different facilities.
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October 30, 2024
Ex-Tyson Worker Denied Class Cert. In Vax Religious Bias Suit
An Arkansas federal judge on Tuesday denied class certification to a former Tyson Foods employee accusing the company of placing her on unpaid leave after she sought a religious exemption for a COVID-19 vaccine requirement, saying she failed to show that proposed class members shared common legal or factual issues.
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October 30, 2024
4th Circ. Affirms Soldier's Loss Against Fluor Over Bombing
A split Fourth Circuit panel on Wednesday affirmed the dismissal of a soldier's lawsuit against Fluor Corp. over injuries he sustained in a 2016 suicide bombing in Afghanistan, holding the suit's state tort claims are preempted by a "combatant activities" exception in federal law.
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October 30, 2024
Think Tank, Biz Group Fight Illinois' 'Captive Audience' Ban
A libertarian think tank and a business group are challenging Illinois' forthcoming ban on so-called captive audience meetings, asking a federal judge Wednesday to block the Worker Freedom of Speech Act from going into effect Jan. 1.
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October 30, 2024
5th Circ. Upholds Texas A&M's Defeat Of Hiring Bias Suit
The Fifth Circuit on Wednesday backed Texas A&M University's win over a professor's lawsuit claiming its hiring practices prevent white and Asian men's applications from being properly considered, finding his failure to actually seek a job at the school doomed his case.
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October 30, 2024
Ex-Ford Models CEO Can't Arbitrate Sex Misconduct Suit
A California appeals court won't let the former CEO of Ford Models send a woman's suit brought under a state sex trafficking law to arbitration, saying her allegations don't fall within the scope of the arbitration agreement she signed.
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October 30, 2024
Biopharma Co. Can't Knock Ex-CFO's Bias Suit Out Of Court
A biopharmaceutical development company can't kick a fired executive's bias suit to arbitration, a California federal judge said, ruling that the harassment she said she faced on the job was gendered enough to invoke a federal law curbing out-of-court-resolutions of sex harassment claims.
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October 30, 2024
Ex-Takeda Exec. Gets Nearly 4 Years For Fake Invoice Scam
A former Takeda Pharmaceuticals executive was sentenced Wednesday to 46 months in prison for stealing millions from the drug company through a fake invoice scam that a Boston federal judge characterized as "utterly unnecessary and pointless" and carried out for no other reason than to fund a luxurious lifestyle.
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October 30, 2024
Rap Producer Metro Boomin Accused Of Rape In Calif. Suit
Grammy-nominated rap and hip-hop producer Metro Boomin was sued in California state court Tuesday for allegedly raping a woman who visited his recording studio in 2016, resulting in an unwanted pregnancy and an abortion.
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October 30, 2024
Southwest Seeks To Dismantle Military Leave Class
Southwest Airlines urged a California federal judge to disassemble a nearly 3,000-member class of workers who say the company violated federal law by failing to pay them for short stints of military leave, saying new evidence shows there are too many individualized issues to warrant class treatment.
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October 30, 2024
Honda Blocks Black Workers From Promotions, Suit Says
Honda's manufacturing arm systematically bars Black workers from securing senior positions in the company by shrouding its promotional processes in secrecy, according to a proposed class action filed by a Black employee in Ohio federal court.
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October 30, 2024
Gulfstream Arbitration Notice To Worker Adequate, Court Says
Jet manufacturer Gulfstream Aerospace's use of a hyperlink to the terms of its arbitration requirement for employee disputes was adequate notice to a worker who later tried to sue, an intermediate Massachusetts appellate court said Wednesday.
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October 30, 2024
Judge Says Attys Asking For Too Much In Hess Wage Deal
A New York federal judge refused to sign off on a $36,000 deal that would resolve a former oil field worker's suit alleging Hess Corp. failed to pay him overtime, saying the worker's attorneys are requesting too large of a share.
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October 30, 2024
3rd Circ. Vacates, Remands Philly Union Rule Suit
The Third Circuit revived a suit by a group of contractors against Philadelphia and its mayor's office over the city's former policy requiring that companies working on public projects be members of certain designated unions, ruling that those contractors still have standing for injuries that arose while the rule was enforced.
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October 30, 2024
Drywall Co. Stiffed Workers On Overtime, DOL Says
A Phoenix drywall company failed to pay workers a premium rate for overtime work, the U.S. Department of Labor told an Arizona federal court.
Expert Analysis
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Challenges Of Insuring An NIL Collective
Sarah Abrams at Baleen Specialty examines the emergence of name, image and likeness collectives for student-athletes, the current litigation landscape that has created a favorable environment for these organizations, and considerations for director and officer insurers looking to underwrite NIL collectives.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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5th Circ. DOL Tip Decision May Trigger Final 80/20 Rule Fight
A recent Fifth Circuit decision concerning a Labor Department rule that limits how often tipped employees can be assigned non-tip-producing duties could be challenged in either historically rule-friendly circuits or the Supreme Court, but either way it could shape the future of tipped work, says Kevin Johnson at Johnson Jackson.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Insights On NLRB General Counsel's New 'Stay-Or-Pay' Memo
Attorneys at Davis Wright discuss the National Labor Relations Board general counsel's new memorandum on employer “stay-or-pay” policies and noncompete agreements, and explain key takeaways concerning the proposed financial remedies, prosecution framework and more.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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How To Avoid Risking Arbitration Award Confidentiality In NY
Though a Second Circuit decision last year seemed to create a confidentiality safe harbor for arbitration awards that had no ongoing compliance issues, a recent New York federal court ruling offers further guidance on the meaning of "ongoing compliance issues," says Matthew Iverson at Nelson Mullins.
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Next Steps For FCA Defendants After Fla. Qui Tam Ruling
Because a Florida federal court's recent decision in Zafirov v. Florida Medical Associates could eventually prove to be a watershed event for False Claims Act suits, defendants should consider potential next steps to ensure that their litigation benefits from the court's reasoning and further developments, says Scott Gallisdorfer at Bass Berry.
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How Project 2025 Could Upend Federal ESG Policies
If implemented, Project 2025, the Heritage Foundation's policy playbook for a Republican presidential administration, would likely seek to deploy antitrust law to target ESG initiatives, limit pension fund managers' focus to pecuniary factors and spell doom for the U.S. Securities and Exchange Commission's climate rule, say attorneys at Mintz.
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E-Signature Best Practices For Employers After Calif. Ruling
In Garcia v. Stoneledge Furniture, a California appellate court found an arbitration agreement invalid after an employee raised doubts about the authenticity of its e-signature, underscoring the importance of employers implementing additional measures to verify the authenticity of electronically signed documents, say Ash Bhargava and Reece Bennett at Atkinson Andelson.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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What To Expect As Worker Bias Suit Heads To High Court
The U.S. Supreme Court is set to hear Ames v. Ohio Department of Youth Services, which concerns how courts treat discrimination claims brought by majority group plaintiffs, and its decision could eliminate the background circumstances test, but is unlikely to significantly affect employers' diversity programs, say Victoria Slade and Alysa Mo at Davis Wright.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Perspectives
Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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Mitigating Construction Employers' Risks Of Discrimination
Recent heightened government scrutiny of construction industry employment practices illustrates the need for nondiscriminatory recruitment and proactive assessment of workforces and worksites, including auditing for demographic disparities and taking documented steps to address such issues, say attorneys at Seyfarth.