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Employment
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December 09, 2024
Diddy Drama Pits Jay-Z, Quinn Emanuel Against Texas PI Firm
Shawn "Jay-Z" Carter on Monday denied raping a 13-year-old alongside indicted hip-hop mogul Sean "Diddy" Combs and identified himself as the purported victim of extortion by Texas personal injury attorney Tony Buzbee, days after Buzbee sued Jay-Z's law firm, Quinn Emanuel Urquhart & Sullivan LLP, for harassment in the escalating fight.
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December 09, 2024
2nd Circ. Restores Challenge To Conn. Atty Anti-Racism Rule
The Second Circuit on Monday revived a challenge to a new rule for Connecticut attorneys intended to reduce discrimination, ruling that the alleged chilling effect the two suing lawyers detailed in their complaint gives them standing even if the rule hasn't been enforced against them.
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December 09, 2024
Seton Hall Whistleblower Case Confirmed For Hudson County
A New Jersey judge has officially transferred a whistleblower suit from Seton Hall University's former president against the school and some of its leaders to Hudson County, rejecting a bid from Seton Hall to keep the case in Essex County.
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December 09, 2024
Pullman & Comley Blames Tech CEO's Statements For Firing
The ousted leader of WorldQuant Predictive Technologies LLC lost $6 million in company stock because he was legitimately fired for lying during a company probe into a lead salesperson's termination and not because of an alleged legal ethics gaffe, Connecticut law firm Pullman & Comley told a judge on Monday.
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December 09, 2024
Former Law School IT Director Admits To Thefts
A former IT director for New England School of Law in Boston pled guilty Monday to using the school's Amazon account to purchase more than $80,000 worth of musical equipment and Apple products, state prosecutors announced.
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December 09, 2024
Famous Steakhouse Chain's Ex-GC Gets Go-Ahead For Bias Suit
The ex-general counsel of iconic steakhouse chain The Palm Restaurant can move ahead with a discrimination lawsuit claiming she was ousted after a 2020 bankruptcy sale, a New York federal court ruled Monday.
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December 09, 2024
Union Says Flight Attendant Withdrew Grievance, Can't Sue
A United Airlines flight attendant withdrew the grievance she filed after getting fired over a 2021 passenger confrontation regarding mask compliance, and thus gave up her shot to sue her union, the union told a Colorado federal court, seeking to dismiss the worker's fair representation allegations.
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December 09, 2024
Skipping Diversity Suits Lets Error 'Metastasize,' Alito Says
The U.S. Supreme Court declined Monday to review Boston's allegedly discriminatory COVID-19 pandemic-era admissions policy for three elite public schools, turning away the second case to challenge the use of race-neutral diversity initiatives in a decision Justice Samuel Alito claims ignores a "glaring constitutional error" and undermines the court's affirmative action decision.
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December 09, 2024
Justices Spurn Worker's Challenge To 'Honest Belief' Firing
The U.S. Supreme Court has declined to review a Fourth Circuit decision holding that a Baltimore utility's "honest belief" that a worker was misusing medical leave justified the employee's termination, according to high court orders released Monday.
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December 07, 2024
Up Next: Environmental Reviews, Wire Fraud & TM Awards
The U.S. Supreme Court will hear its final set of oral arguments for the 2024 calendar year starting Monday, including disputes over the proper scope of federal environmental reviews and whether corporate affiliates can be ordered to pay disgorgement awards in trademark infringement disputes.
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December 06, 2024
Netflix's 'Our Father' Trial Ends With Modest Award
Facing millions of dollars in punitive damage liabilities, Netflix and its army of lawyers were able to keep an Indiana federal jury's verdict at $385,000 in a privacy lawsuit over the names of the biological children of a rogue fertility doctor that appeared in the "Our Father" documentary.
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December 06, 2024
GEO Tells 9th Circ. Recent Ruling Backs It In Wage Fight
Private prison contractor The GEO Group Inc. told the Ninth Circuit on Friday that a recent ruling in the same court underscores its assertion that only the federal government can say whether a minimum wage must be paid to detained immigrants participating in a voluntary work program in Tacoma, Washington.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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Tips For Employers As Courts Shift On Paid Leave Bias Suits
After several federal courts recently cited the U.S. Supreme Court's Muldrow decision — which held that job transfers could be discriminatory — in ruling that paid administrative leave may also constitute an adverse employment action, employers should carefully consider several points before suspending workers, says Tucker Camp at Foley & Lardner.
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3rd. Circ. Ruling Shows Employers Where To Put ADA Focus
A recent Third Circuit decision in Morgan v. Allison Crane & Rigging, confirming that the Americans with Disabilities Act protects some temporarily impaired employees, reminds employers to pursue compliance through uniform policies that head off discriminatory decisions, not after-the-fact debates over an individual's disability status, says Joseph McGuire at Freeman Mathis.
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A Look At Calif. Biz Code And The Fight Over Customer Lists
To ensure Uniform Trade Secret Act security, California staffing agencies and their attorneys should review Section 16607 of the state Business Code, which prohibits contracts that restrain employees from engaging in other lawful types of business, to understand the process for determining whether a customer list constitutes a trade secret, says Skye Daley at Buchalter.
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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11th Circ. Ruling Offers Refresher On 'Sex-Plus' Bias Claims
While the Eleventh Circuit’s recent ruling in McCreight v. AuburnBank dismissed former employees’ sex-plus-age discrimination claims, the opinion reminds employers to ensure that workplace policies and practices do not treat a subgroup of employees of one sex differently than the same subgroup of another sex, say attorneys at Bradley Arant.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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8 Phrases Employers May Hear This Election Season
From sentiments about the First Amendment to questions about political paraphernalia, attorneys at Venable discuss several scenarios related to politics and voting that may arise in the workplace as election season comes to a head, and share guidance for handling each.
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Employer Lessons From Mass. 'Bonus Not Wages' Ruling
In Nunez v. Syncsort, a Massachusetts state appeals court recently held that a terminated employee’s retention bonus did not count as wages under the state’s Wage Act, illustrating the nuanced ways “wages” are defined by state statutes and courts, say attorneys at Segal McCambridge.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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Employment Verification Poses Unique Risks For Staffing Cos.
All employers face employee verification issues, but a survey of recent settlements with the U.S. Department of Justice's Immigrant and Employee Rights Section suggests that staffing companies' unique circumstances raise the chances they will be investigated and face substantial fines, says Eileen Scofield at Alston & Bird.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Series
After Chevron: The Future Of OSHA Enforcement Litigation
The U.S. Supreme Court's opinion in Loper Bright provides a blueprint for overruling the judicial obligation to defer to an agency's interpretation of its own regulations established by Auer, an outcome that would profoundly change the Occupational Safety and Health Administration’s litigation and rulemaking landscape, say attorneys at Ogletree.
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Inside FTC's Decision To Exit Key Merger Review Labor Memo
Despite the Federal Trade Commission's recent withdrawal from a multiagency memorandum of understanding to step up enforcement of labor issues in merger investigations, the antitrust agencies aren't likely to give up their labor market focus, say attorneys at Stinson.
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Insights From Calif. Public Labor Board's Strike Rights Ruling
The California Public Employment Relations Board's recent rejection of a school district's claim that public employees have no right to conduct unfair labor practice strikes signals its interest in fortifying this central labor right — and warns employers to approach potentially protected behavior with caution, say attorneys at Atkinson Andelson.
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7 Tips To Help Your Witness Be A Cross-Exam Heavyweight
Because jurors tend to pay a little more attention to cross-examination, attorneys should train their witnesses to strike a balance — making it tough for opposing counsel to make their side’s case, without coming across as difficult to the jury, says Ken Broda-Bahm at Persuasion Strategies.