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August 23, 2024
5th Circ. Strikes Down DOL Tip Rule
The Fifth Circuit struck down a U.S. Department of Labor rule on tipped wages, saying it goes against the Fair Labor Standards Act and is therefore arbitrary and capricious.
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August 23, 2024
Off The Bench: Sunday Ticket Twist, Dartmouth-NLRB Clash
The NFL comes out of the Sunday Ticket trial with a clean slate, Dartmouth is hit with an unfair labor practice charge by its basketball players, and U.S. Tennis doesn't get a do-over on its handling of a sexual assault case. Law360 is here to catch you up on the sports and betting stories that had our readers talking.
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August 22, 2024
Judge Trims Indigenous Group's South Dakota Hotel Bias Suit
A South Dakota federal judge has axed an Indigenous advocacy group's class allegations while holding bids to dismiss civil rights claims against a Rapid City hotel in abeyance in a discrimination lawsuit that alleges that the business threatened to ban all Native Americans patrons following a shooting in one of its rooms.
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August 22, 2024
Auburn Wants Out Of 11th Circ. Arguments Over Burial Ground
Auburn University has asked the Eleventh Circuit to be excused from oral arguments next month in a dispute between two Native American groups over a burial ground where centuries-old human remains were exhumed to make way for construction of a multimillion-dollar casino.
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August 22, 2024
Mich. Says Justices' Minimum Wage Ruling Lacks Detail
The state of Michigan is seeking clarification from its high court on how to calculate the new minimum wage, saying there were several possible interpretations of the court's recent directive to account for inflation in the wage floor.
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August 21, 2024
Finance Guru Can't Send Timeshare Fraud Suit To Arbitration
Celebrity financial planner David L. Ramsey III and his company can't pause and arbitrate a proposed class action alleging they promoted a timeshare exit fraud scheme on his radio show, a Washington federal judge said Wednesday, finding they were not included in arbitration agreements with the timeshare owners.
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August 21, 2024
Union Health Plan Trustees Can't Avoid Fee Claim, Judge Says
Trustees of a UNITE HERE health plan can't topple a group of Southern California workers' claims that they are facing higher administrative expenses compared to another group of workers in Las Vegas, an Illinois federal court ruled Wednesday.
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August 21, 2024
Ga. Strip Clubs Push High Court For Tax-Free Dances
A coalition of Georgia strip clubs labored to convince the state's highest court Wednesday that a nearly decade-old tax on their businesses, used by the state to fund child trafficking prevention efforts, is unconstitutional by infringing upon their First Amendment rights to put on nude dances.
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August 21, 2024
Cleaning Co., H-2B Workers Seek Final OK For Wage Deal
A group of 41 migrant housekeepers and a cleaning contractor asked a Colorado federal court Wednesday to give final approval to the $400,000 deal they reached to end claims of wage and visa law violations, including threats of deportation.
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August 21, 2024
Government Contractor Escapes Workers' Exit Pay Suit
A North Carolina federal judge on Wednesday tossed a lawsuit former workers lodged against a government contractor accusing it of illegally amending a policy to avoid providing employees with payouts when they left the company, saying the policy at issue is not governed by federal benefits law.
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August 21, 2024
Health Co. Investors Fight To Keep Suit Over Migrant Deal
Investors in mobile medical provider DocGo are urging a New York federal judge not to toss a suit alleging it deceived stockholders before a $432 million contract with New York City to provide emergency migrant housing came under public scrutiny, saying the complaint sufficiently establishes that the defendants made material misstatements and omissions.
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August 20, 2024
Disney Made Right Move Dropping Arbitration Bid, Attys Say
Disney agreed Tuesday to drop its attempt to use a Disney+ app agreement to arbitrate claims over a woman's food allergy death at a Walt Disney World restaurant, a move that attorneys say quells what was turning into a public relations disaster and preserves the validity of the arbitration agreement in other cases.
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August 20, 2024
Pastor Gets 2 Years For Bible-Themed Amusement Park Fraud
A Virginia pastor was sentenced Tuesday to 27 months in prison after he was convicted on charges of defrauding investors out of $800,000 with trumped-up promises of building a Bible-themed amusement park called Miracle Mansion, the U.S. Attorney's Office for the Western District of North Carolina said.
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August 20, 2024
NFL Hangs Onto Victory In Sunday Ticket Antitrust Fight
A California federal judge on Tuesday entered judgment in favor of the NFL against all claims by a class of Sunday Ticket television package subscribers, including their bid seeking to block the league from engaging in anticompetitive conduct, more than two weeks after he upended a jury's $4.7 billion antitrust verdict against the league.
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August 20, 2024
Burford Fights Order Backing Chicken Price-Fixing Settlement
A Burford Capital Unit tried again Monday to unbind itself from a chicken price-fixing settlement that Sysco sealed via email with Pilgrim's Pride, arguing in Illinois federal court that the Seventh Circuit has criticized the order backing the settlement as "fatally flawed."
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August 20, 2024
Argentina Must Face $325M Arbitral Award Suit, Judge Says
A District of Columbia federal judge will not toss a suit seeking to enforce a $325 million arbitration award against Argentina related to a decade-old dispute over the renationalization of the country's state-owned airline, ruling that the lawsuit is timely under a 12-year statute of limitations period.
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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
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 19, 2024
Buyers Sue Over Unfinished Mandarin Oriental Condo Project
Buyers of a condominium at the planned Mandarin Oriental at the Via Mizner project in Boca Raton, Florida, are suing the developer for the return of their deposit, saying the building that was supposed to be ready years ago is still "just a few steps beyond a concrete shell."
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August 19, 2024
Aramark Gets Green Light For Solo Turkey Antitrust Case
An Illinois federal judge has refused to dismiss Aramark's individual antitrust lawsuit alleging that turkey producers exchanged competitively sensitive information, rejecting arguments that the claims were untimely because the statute of limitations was tolled by the filing of a similar class action in 2019.
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August 19, 2024
Recipe Changing For NYC Restaurant Wage Suits
After years of million-dollar settlements with their waiters and front-of-house staff, most of New York’s large restaurants have equipped themselves with attorneys and compliance pros to head off potential lawsuits, while mom-and-pop eateries often struggle to keep up with evolving wage and tipping rules.
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August 16, 2024
Airbnb Says Travel Insurance Fee Fight Must Be Arbitrated
Airbnb and an Italian insurer are urging a California federal court to send a proposed class action over allegedly unfair fees on travel insurance policies to arbitration, arguing Thursday that the plaintiffs are ignoring an arbitration clause they had to sign to use the Airbnb platform.
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August 16, 2024
Burger King Sued For Books In Del. On Big Site Buy
Burger King investors filed a Delaware Court of Chancery lawsuit Friday seeking a look at the burger chain's books and records on the merger with its parent company, Restaurant Brands International Inc., arguing the information is necessary to confirm whether the deal was fair.
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August 16, 2024
Servers Get Partial Win In Tip Suit Against Restaurant Chain
Servers claiming a restaurant chain violated tip credit regulations can snag a partial win in their suit, an Ohio federal judge ruled, saying they performed enough untipped work, but they didn't spend enough time performing tip-supporting tasks.
Expert Analysis
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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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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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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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DOJ Paths To Limit FARA Fallout From Wynn's DC Circ. Win
After the D.C. Circuit’s recent Attorney General v. Wynn ruling, holding that the government cannot compel retroactive registration under the Foreign Agents Registration Act, the U.S. Department of Justice has a few options to limit the decision’s impact on enforcement, say attorneys at MoFo.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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Drip Pricing Exemption Isn't A Free Pass For Calif. Eateries
A new exemption relieves California bars and restaurants from the recently effective law banning prices that don't reflect mandatory fees and charges — but such establishments aren't entirely off the hook for drip pricing, due to uncertainty over disclosure requirements and pending federal junk fee regulations, say Alexandria Ruiz and Amy Lally at Sidley.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.