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Employment

  • May 28, 2021

    Law360 Names 2021's Top Attorneys Under 40

    We're pleased to announce Law360's Rising Stars for 2021, our list of 180 attorneys under 40 whose legal accomplishments transcend their age.

  • May 28, 2021

    7th Circ. Says Airline Agent's Retaliation Suit Rightly Tossed

    The Seventh Circuit said Friday that Envoy Air was correctly granted summary judgment over a former employee's claims that supervisors created a hostile working environment and fired her in retaliation for complaining about her treatment at work.

  • May 28, 2021

    Employment Authority: COVID-19 As Disability & NLRB's Ohr

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with a look at the intersection of COVID-19 and disabilities law, the current state of the joint employer debate and an exclusive interview with NLRB Acting General Counsel Peter Sung Ohr.

  • May 28, 2021

    9th Circ. Tosses Walmart's $102M Pay Stub Penalty

    The Ninth Circuit on Friday nixed a $102 million class action judgment against Walmart for alleged pay stub and meal break violations, finding that the lead plaintiff lacked standing to bring the break claims because he did not personally suffer an injury and that Walmart committed no pay stub violations.

  • May 28, 2021

    Whole Foods BLM Mask Suit Must Be Revived, 1st Circ. Told

    An array of Boston-area civil rights groups told the First Circuit on Friday that a judge was wrong to dismiss a discrimination lawsuit brought against Whole Foods after the grocer disciplined workers for wearing "Black Lives Matter" face masks in the wake of the killing of George Floyd.

  • May 28, 2021

    GOP Introduces Bill That Would Ban Federal Vaccine Passport

    A group of Republican senators introduced a bill on Friday that would ban the federal implementation of so-called COVID-19 vaccine passports and prohibit the government from working with third parties to establish their own vaccine passports.

  • May 28, 2021

    Senate Punts On Massive Tech, Trade Bill Aimed At China

    The Senate on Friday unexpectedly postponed final action on a major bipartisan bill with more than $200 billion meant to fuel technological and economic competition with China.

  • May 28, 2021

    US Bars Chinese Fishing Co. Over Forced Labor At Sea

    U.S. Secretary of Homeland Security Alejandro Mayorkas and U.S. Customs and Border Protection acting Commissioner Troy Miller announced the blacklisting of Dalian Ocean Fishing Co. Ltd. on Friday, based on evidence that the company has used forced labor in its fishing operations.

  • May 28, 2021

    Texas Justices Rule E-Signature Compels Arbitration

    The Texas Supreme Court on Friday ruled that electronic signatures of four temporary contractors were valid to compel arbitration of their employment discrimination claims, saying the electronic attribution system verifying their signatures is sufficient.

  • May 28, 2021

    Ga. City Tells 11th Circ. Trans Bias Suit Correctly Dismissed

    A Georgia city asked the Eleventh Circuit to back a lower court's dismissal of a discrimination suit brought by its former fire chief, who claimed she was fired because of anti-transgender bias, saying she didn't follow proper procedure before filing the case.

  • May 28, 2021

    Legal Recruiter Can't DQ Old Co.'s Atty In Trade Theft Suit

    A federal magistrate judge has denied a legal recruiter's bid to disqualify his former company's counsel in a trade secrets suit, ruling that while the attorney may have to now be a witness at the trial, disqualifying him from pretrial proceedings would be premature.

  • May 28, 2021

    Koning Zolar Adds New Partner To Calif. Employment Practice

    San Diego-based firm Koning Zollar LLP nabbed a former in-house counsel to a data and analytics company to fill out the firm's employment practice.

  • May 28, 2021

    Freeman Mathis Adds Labor Litigator In Tampa

    Litigation firm Freeman Mathis & Gary LLP announced Thursday the addition of a new labor and employment partner out of its Tampa office.

  • May 27, 2021

    Maine Law Firm Wins Bid To Arbitrate Fired Atty's Bias Claims

    A Massachusetts federal judge decided Thursday that a lawyer must arbitrate claims that a Maine-based law firm discriminated against and later fired him because he wanted to spend time with his newborn children, finding that the lawyer's discrimination claim falls within a prior agreement he signed with the firm.

  • May 27, 2021

    Navistar Settles Marine Corps Fraud Case For $50M

    Navistar Defense has agreed to a $50 million settlement to resolve claims it used fraudulent pricing data to drive up the price the U.S. Marine Corps paid for armored vehicle components, the U.S. Department of Justice said Thursday.

  • May 27, 2021

    Judge Questions Bid To Move Acthar Cases To Delaware

    A member of the Judicial Panel on Multidistrict Litigation on Thursday questioned Mallinckrodt ARD LLC's push to have a battery of antitrust cases over sales of the anti-seizure drug Acthar transferred to federal court in Delaware where the company is currently making its way through bankruptcy proceedings.

  • May 27, 2021

    Bill Would End NCAA Amateurism, Allow Player Unions

    U.S. Congress members announced a bill on Thursday that would give new meaning to the term "student union" by amending the National Labor Relations Act so college athletes could collectively bargain as employees of their respective schools.

  • May 27, 2021

    Appeals Court Clears Way For Firing Of Boston's Top Cop

    A judge on Massachusetts' intermediate-level appeals court cleared the way Thursday for Boston's mayor to fire the city's police commissioner over decades-old domestic violence allegations, rejecting his argument that he is first entitled to a hearing where he could put witnesses under oath and clear his name.

  • May 27, 2021

    Denny's Hit With Mass. Class Claims Over Underpaid Wages

    Denny's was hit with a proposed class action Thursday in Massachusetts federal court that claims the round-the-clock diner ran afoul of federal and state wage laws by paying workers less than minimum wage and keeping them in the dark about rules limiting how much "non-tipped" work they should do.

  • May 27, 2021

    Employers Avoiding Cash Vaccine Incentives, Survey Says

    Employers are steering clear of offering financial vaccine incentives to workers even though they overwhelmingly want employees to get the shot before returning to the office, according to a Thompson Hine LLP return-to-work survey released Thursday.

  • May 27, 2021

    Perella Weinberg Bid For Early Win Faces Doubt In Poach Suit

    A New York state judge on Thursday voiced doubt about asset management firm Perella Weinberg Partners LLC's attempt to claim a pretrial victory in its lawsuit against former partners who left the firm after an alleged conspiracy to steal the firm's entire financial restructuring group.

  • May 27, 2021

    Google Exec's Pay Suit A 'Virtual Certainty' To Go To Trial

    A pay discrimination and retaliation case against Google brought by a female cloud computing executive is a "virtual certainty" to go to trial if it does not settle, a Manhattan federal judge said Thursday.

  • May 27, 2021

    ICE Detention Co. Can't Limit Claims In $1 Daily Wages Trial

    Private prison giant GEO Group Inc. can't invoke a Washington wage law's three-year statute of limitations to limit the state's case in a jury trial on allegations that it paid $1-a-day wages to immigrant detainees, a federal judge held Wednesday.

  • May 27, 2021

    Ex-Gilead Workers Hit Back With Sanctions Bid In FCA Fight

    After being repeatedly targeted over missing text messages sought by Gilead Science Inc. during discovery, a pair of whistleblowers in a case against the drugmaker in Pennsylvania federal court have launched a sanctions bid of their own alleging that the company failed to maintain messages on employee cellphones.

  • May 27, 2021

    NJ Court Officials Seek Judge's Medical Records In Suit

    New Jersey judiciary officials called on a federal court Thursday to order the release of a state judge's medical and mental health records, saying the material is needed to defend against the jurist's claims that a purportedly toxic workplace environment left her emotionally distressed.

Expert Analysis

  • 5 Tips To Help Your 2021 Summer Associates Succeed

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    Despite pandemic-related challenges this year, law firms can effectively train summer associates on writing and communicating — without investing more time than they ordinarily would, says Julie Schrager at Schiff Hardin.

  • Weighing Ability To Pay Criminal Fines Amid FCPA Crackdown

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    As Foreign Corrupt Practices Act enforcement is expected to increase under the Biden administration, companies facing scrutiny should assess the reasonableness of fines in the context of their capacity to continue operations, and the potential impacts of filing an inability-to-pay claim, say analysts at Charles River Associates.

  • Pa. Tax Talk: Takeaways From 2 Commonwealth Court Rulings

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    A Pennsylvania appellate court's recent decision in Good Shepherd Rehabilitation v. Allentown sets a positive precedent for other nonprofits subject to Allentown's aggressive tax position, and its recent decision in Mandler v. Commonwealth offers a reminder that some taxes, including payroll withholding taxes, are never dischargeable in bankruptcy, says Jennifer Karpchuk at Chamberlain Hrdlicka.

  • Firms Should Use Surveys To Make Smart Legal Tech Choices

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    The utility of legal technology innovations may be limited without clear data and objectives from the outset, but targeted surveys can provide specific insights that enable law firms to adopt the most appropriate and efficient tech solutions, says Tim Scott at Frogslayer.

  • Mass. Ruling Highlights Exec Employment Pact Pitfalls

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    A Massachusetts court’s recent decision that a job offer letter was not enforceable as a contract in Moore v. LGH Medical reminds employers and executives to avoid reliance on ambiguous representations in written or oral negotiations, say Brian MacDonough and Nancy Shilepsky at Sherin and Lodgen.

  • Don't Forget Due Diligence In Race For Lateral Associate Hires

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    Amid high demand for associates and aggressive competition to attract talent, law firms should take three key steps to conduct meaningful prehire due diligence and safeguard against lateral hiring mistakes that can hurt their revenue and reputation, says Michael Ellenhorn at Decipher.

  • China Trade Secret Ruling Shows US Cos. Path To Protection

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    The high court of China recently upheld a record $25 million award against Wanglong Group for theft of vanillin trade secrets, joining several pro-plaintiff legal developments that illustrate why U.S. companies should utilize the jurisdiction when suing Chinese defendants, say attorneys at Winston & Strawn and YuandaWinston.

  • 2 Paths To Green Cards For Employment-Based Immigrants

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    In light of immigration policy changes by the Biden administration and pandemic-related consular processing delays, Cynthia Perez and Douglas Halpert at Hammond Neal lay out the pros and cons of two procedural paths to lawful permanent resident status for employment-based immigrants.

  • Addressing Environmental Justice As Part Of ESG Initiatives

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    Recent calls for racial equity and government regulators' increasing focus on social and environmental concerns make this a good time for companies to integrate environmental justice into their environmental, social and governance efforts, say independent consultant Stacey Halliday, Julius Redd at Beveridge & Diamond and Jesse Glickstein at Hewlett Packard.

  • Lessons In Civility From The Alex Oh Sanctions Controversy

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    Alex Oh’s abrupt departure from the U.S. Securities and Exchange Commission and admonishment by a D.C. federal judge over conduct in an Exxon human rights case demonstrate three major costs of incivility to lawyers, and highlight the importance of teaching civility in law school, says David Grenardo at St. Mary's University.

  • Maritime Worker Injury Claims After 5th Circ. Welder Ruling

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    While the Fifth Circuit recently held in Sanchez v. Smart Fabricators that an injured offshore welder could not pursue damages under the Jones Act, certain maritime workers may be able to pursue comparative claims under a longshoremen workers' compensation statute or the Sieracki doctrine, says Grady Hurley at Jones Walker.

  • Opinion

    Biz Record Admissibility Rule Must Adapt To An ESI World

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    The federal rule that permits the use of business records as evidence must be amended to address the unreliability of electronically stored information and inconsistent court frameworks on email admissibility, say Josh Sohn and Nadia Zivkov at Stroock.

  • Pandemic-Era Jury Trial Innovations May Be Here To Stay

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    Many jurisdictions are resuming in-person jury trials, but certain technology-enabled efficiencies could outlast the pandemic and represent lasting changes for the way pretrial proceedings and courtroom presentations take place, says Stuart Ratzan at Ratzan Weissman.

  • Pa. Justices' Ruling Presents Big Hurdles For No-Poach Pacts

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    The Pennsylvania Supreme Court’s recent opinion that an employer no-poach agreement was unenforceable in Pittsburgh Logistics Systems v. Beemac Trucking will make future use of such contracts between businesses difficult, and seems to lean heavily toward an outright ban, says attorney Joseph Lincoln.

  • Incentivizing Customers In States Banning Vaccine Passports

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    As several states make vaccine passports illegal, businesses that want their customers vaccinated should try incentives rather than making services conditional, which could run afoul of anti-discrimination laws, say Chase Hattaway and Michael Tessitore at Rumberger Kirk.

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