More Employment Coverage

  • November 28, 2023

    Biotech Co.'s Counterclaims Against Ex-Exec Trimmed

    A California federal judge has tossed a Colorado biotechnology company's counterclaims alleging fraud and negligent misrepresentation by a co-founder and technology chief of another firm it acquired for $35 million in 2022, but allowed the biotech's bid for declaratory relief regarding the executive's exit from the company to move forward.

  • November 28, 2023

    Colo. Suit Against Ex-NFL Player, Reptile Co. Is Back

    A former employee of ex-NFL player Chadwick Brown's reptile shipping company got another chance to sue him for breach of contract and other claims, alleging in a new complaint that she was forced to satisfy Brown's sexual urges in order to keep her job and was fired when his wife found out.

  • November 28, 2023

    6th Circ. Backs Restaurateurs' Migrant Harboring Conviction

    A Sixth Circuit panel majority on Tuesday affirmed a Kentucky federal jury's verdict convicting two restaurateurs of harboring immigrants who were living in the country without legal permission, rejecting the duo's arguments that the government did not prove they intentionally hid the migrants but splitting on whether prosecutors have to prove as much in the first place.

  • November 28, 2023

    Duke Used Bogus Reasons For Firing Doctor, Panel Told

    A fired Duke University Hospital resident urged a North Carolina appeals court on Tuesday to revive his lawsuit alleging that health care system officials dismissed him because of his disability after an inadequate disciplinary process that violated an employment contract.

  • November 28, 2023

    10 More Charges Dropped Against Embattled Ga. Judge

    The trial of a Georgia probate judge accused of violating the state's Code of Judicial Conduct on social media and in her dealings with her homeowners association continued Tuesday after a two-month hiatus, with the director of the state's judicial watchdog agency dropping 10 additional ethics charges against the judge.

  • November 28, 2023

    2nd Circ. Revives Timed-Out Siemens False Claims Act Suit

    The Second Circuit on Tuesday revived a whistleblower's years-old lawsuit against Siemens that alleged the manufacturing company had provided false certifications to the New York City Department of Environmental Protection, finding that a lower court improperly tossed the suit for procedural reasons surrounding service of his complaint.

  • November 28, 2023

    Pa. Court Won't Revive Suit Over Penn State Coach's Firing

    A Pennsylvania appellate court said Tuesday that it won't revive a former Penn State University gymnastics coach's claims that the university defamed him and breached his contract when it fired him over allegations that he created a hostile environment for the gymnasts.

  • November 28, 2023

    4th Circ. Backs SSA's Win In Court Clerk's Benefits Suit

    The Fourth Circuit refused Tuesday to reinstate a lawsuit from a former court clerk alleging the Social Security Administration incorrectly denied her disability benefits after she suffered a series of strokes, saying her health condition didn't bar her from being able to perform her basic job duties.

  • November 28, 2023

    Dollar General Hit With Investor Suit Over Understaffing Woes

    Dollar General has been hit with a proposed class action by an investor alleging the discount retailer opened more stores and overcharged products to inflate the company's share price even though corporatewide staffing problems were ultimately causing merchandise losses on a grand scale, which in turn led to a drop in share prices after the issues became known.

  • November 28, 2023

    Aetna Wins State Appeal In NJ Benefits Reimbursement Row

    A New Jersey state appeals court dealt another win to Aetna Inc. on Tuesday in a multijurisdictional dispute by a woman claiming the insurer unlawfully demanded reimbursement from proceeds she obtained in her car accident lawsuit, rejecting her claims that Aetna failed to provide the proper paperwork leading to a delayed appeal.

  • November 28, 2023

    Law Firm Leaders Cautiously Optimistic Heading Into 2024

    Major U.S. law firms are steadfast in their commitment to the pursuit of further growth despite ongoing economic uncertainty. Here’s what the leaders of four Leaderboard firms have to say about how the legal industry is preparing for next year.

  • November 28, 2023

    The 2023 Law360 Pulse Leaderboard

    Check out the Law360 Pulse Leaderboard to see which first-in-class firms made the list this year.

  • November 27, 2023

    Feds Accountable For BIA Officials' Actions, 9th Circ. Hears

    Two Native American advocacy groups are urging a Ninth Circuit panel to overturn a Montana district court's ruling that the federal government isn't responsible for the actions of its Bureau of Indian Affairs officers, saying the prospect that the case is not suitable for torts litigation undermines the safety of Native American women.

  • November 27, 2023

    Amicus Groups Tell High Court To End Chevron Deference

    Six groups, including the Ohio Chamber of Commerce and several former state supreme court judges, filed friend-of-the-court briefs on Monday urging the U.S. Supreme Court to overturn a decades-old legal doctrine stating that courts must defer to federal agencies' interpretation of ambiguous laws.

  • November 27, 2023

    Did OCC Get Duped? Ex-Fintech Official's Resume Unravels

    The Office of the Comptroller of the Currency hired its first-ever chief financial technology officer earlier this year, touting him as a nearly 30-year financial sector veteran. But records obtained by Law360 indicate a fabricated professional background that suggests the agency may have been hoodwinked when hiring him.

  • November 27, 2023

    Ex-Papa John's Manager Resubmits $5M No-Poach Settlement

    A former Papa John's manager wants to assuage a Kentucky federal judge's concerns over a $5 million settlement resolving claims over "no poach" provisions in the pizza chain's franchise agreements, arguing it doesn't matter that the deal covers both managerial and non-managerial workers or that some of them signed arbitration agreements because all plaintiffs were harmed by a "uniform" wage policy and all are making the same claim with the same theory of damages.

  • November 27, 2023

    Hanover Drops BIPA Coverage Spat With Plastics Co.

    The Hanover Insurance Co. on Monday voluntarily dropped its Arkansas federal court lawsuit seeking to escape paying for a plastics company's defense and indemnity in a biometric data collection class action, claiming its insured is no longer seeking coverage.

  • November 27, 2023

    Music Retailer Fired Worker Over Cancer Diagnosis, Suit Says

    New York-based musical instrument retailer Sam Ash fired a veteran employee just eight days after he told his boss that he had been diagnosed with liver cancer, according to a suit filed Monday in state court.

  • November 27, 2023

    Ex-Allstate Agent Settles Allegations She Swiped Customers

    A former Allstate agent has agreed not to sell competing products to her former customers as part of a deal resolving allegations she improperly used Allstate's client lists and confidential information after she stopped working with the company, according to an order filed Friday.

  • November 27, 2023

    What's Next For Labor Enforcement After DOJ Punts Case?

    The future of U.S. Department of Justice criminal prosecutions against "no-poach" deals between rival employers appears troubled after the DOJ dropped its last still-pending public case following a series of high-profile losses, in one of two cases Antitrust Division prosecutors quietly abandoned in a single week.

  • November 27, 2023

    Dish Network Can't Ax Majority Of 401(k) Mismanagement Suit

    A Colorado federal judge backed a magistrate judge's call to mostly deny Dish Network's bid to dismiss a lawsuit brought by former employees alleging the company hurt their retirement savings by failing to nix underperforming investments from its plan.

  • November 27, 2023

    Catching Up With Delaware's Chancery Court

    Delaware's Chancery Court stuffed a lot into a shortened Thanksgiving week, with new cases involving wrestling promoter Vince McMahon, billionaire Howard Lutnick and activist investor Carl Icahn.

  • November 22, 2023

    School Board Wants NC Justices To Review Pension Ruling

    A North Carolina school board urged the North Carolina Supreme Court on Tuesday to overturn a decision forcing it to pay nearly $200,000 to the state retirement system, arguing that the pension rule the decision is based on was illegally adopted and is being unfairly applied.

  • November 22, 2023

    Feds Are Liable For BIA Officer's Actions, 9th Circ. Told

    A Northern Cheyenne woman who was sexually assaulted on her Montana reservation by an on-duty Bureau of Indian Affairs officer is asking the Ninth Circuit to overturn a lower court's ruling that the federal government can't be held responsible for his actions, saying the determination makes it impossible for victims like herself to prevail.

  • November 22, 2023

    Cannabis Co. Trulieve Sued In Mass. Over Worker's Death

    The family of a woman who died last year of an asthma attack that began while she worked in a Massachusetts cannabis processing plant has sued the marijuana company and its contractors in state court, alleging that their misconduct and negligence were responsible for her death.

Expert Analysis

  • Why Criminal No-Poach Cases Can Be Deceptively Complex

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    Mark Rosman at Wilson Sonsini discusses the reasons many criminal no-poach cases that appear simple are actually more complicated than they seem, following several jury trial acquittals and two dismissed cases.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • SEC Whistleblower Action Spotlights Risks For Private Cos.

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    The U.S. Securities and Exchange Commission’s recent whistleblower action against Monolith Resources holds important implications for private companies, who could face unprecedented regulatory scrutiny amid the agency's efforts to beef up environmental, social and governance reporting and enforcement, say attorneys at Wiley.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • ESG Around The World: South Korea

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    Numerous ESG trends have materialized in South Korea in the past three years, with impacts ranging from greenwashing prevention and carbon neutrality measures to workplace harassment and board diversity initiatives, say Chang Wook Min and Hyun Chan Jung at Jipyong.

  • How Social Media Can Affect Trial Outcomes

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    With social media’s ability to seize upon an issue and spin it into a specifically designed narrative, it is more critical than ever that a litigation communications strategy be part of trial planning to manage the impact of legal action on a company's reputation, say Sean Murphy and Steve Wood at Courtroom Sciences.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • What Calif.'s New Arbitration Law Means For Employers

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    A new California law prohibits the automatic stay of trial court proceedings when the denial of a motion to compel arbitration is appealed — a major procedural shift that will force employers to litigate underlying claims while pursuing their appeals unless the court can be persuaded to order a stay, say Emma Husseman and Thomas Kaufman at Sheppard Mullin.

  • Liability Exposure For Unpaid Payroll Taxes May Surprise You

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    The Ninth Circuit’s recent decision in Richard W. York v. U.S. offers important lessons for business owners and others who may be responsible for a company's checkbook about how someone else's failure to submit payroll taxes can result in their personal liability, says Douglas Charnas at McGlinchey Stafford.

  • AI Isn't The Wild West, So Prepare Now For Bias Risks

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    In addition to President Joe Biden's recent historic executive order on safe, secure and trustworthy artificial intelligence, there are existing federal and state laws prohibiting fraud, defamation and even discrimination, so companies considering using or developing AI should take steps to minimize legal and business risks, says civil rights attorney Farhana Khera.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.