Employment

  • March 01, 2024

    Tesla Stock For Fees? Attys Who Got Musk's Pay Cut Say Yes

    The lawyers who convinced the Delaware Chancery Court to scuttle Elon Musk's proposed $55 billion Tesla compensation package on Friday filed a request for legal fees that came with a twist — they want to be paid in Tesla stock that rounds out to about $5.6 billion.

  • March 01, 2024

    Tesla Judge Sees 'Range Of Options' In Factory Race Bias Suit

    A California state judge who previously indicated she's prepared to certify a 6,000-member class of Black Tesla workers alleging the company allowed racist language and graffiti at a California factory cautioned Friday that she's still "exploring a range of options" on how to best adjudicate the case.

  • March 01, 2024

    2nd Circ. Won't Revive Ex-Barclays Exec's Whistleblower Suit

    The Second Circuit on Friday affirmed a lower court's decision to toss a whistleblower suit from a former Barclays executive, finding that he didn't sufficiently back up his allegations of retaliation under the Sarbanes-Oxley Act.

  • March 01, 2024

    Ill. Attys Sued For Defamation Can Still Assert Privilege

    An Illinois appellate panel held Friday that an exception to attorney-client privilege for criminal or fraudulent conduct does not extend to alleged defamation by attorneys, reversing a trial court that applied it to a Chicago attorney and law firm facing a defamation suit from the former senior pastor of an Illinois megachurch.

  • March 01, 2024

    Aetna Can't Escape Fertility Bias Suit From Same-Sex Couple

    A California federal judge has declined to toss a woman's case challenging Aetna's fertility treatment coverage as discriminatory, finding at this stage, she has sufficiently argued that the policy discriminates against LGBTQ couples in violation of the Affordable Care Act.

  • March 01, 2024

    Diddy Accuser Can't Continue Anonymously, NY Judge Rules

    A woman who anonymously sued Sean "Diddy" Combs must reveal her identity as she continues to litigate her claims that the rapper and his record label's longtime president trafficked and raped her when she was a teenager, a New York federal judge has ruled.

  • March 01, 2024

    Employment Authority: Leap Year Wage Compliance Tips

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with tips for employers on wage and hour compliance during a leap year, experts' take on a Texas state judge's ruling that a school district's policy prohibiting a Black student from wearing locs wasn't illegal, and an in-depth look at the National Labor Relations Board's decision finding Home Depot unlawfully told a worker to remove a Black Lives Matter message from their apron.

  • March 01, 2024

    DC Circ. Finds Rehab's Flyers Aren't Unlawful Surveillance

    The D.C. Circuit found Friday that a rehabilitation facility was within its rights under federal labor law to distribute flyers during a union drive, departing from the National Labor Relations Board's conclusion that the handouts were part of an illegal surveillance violation.

  • March 01, 2024

    Dartmouth Urges NLRB To Pause College Hoops Vote

    Dartmouth College urged the National Labor Relations Board to hold off on a scheduled union vote among its men's basketball players, saying an agency official grossly misapplied federal law and ignored precedent in allowing the election to proceed.

  • March 01, 2024

    White, Male Writer Says CBS Uses Illegal Diversity Quotas

    CBS Studios Inc. enacted discriminatory diversity quotas that kept white, straight men out of its writers rooms, according to a suit filed in California federal court by a freelance writer who said he was denied job opportunities on a network show due to his identity.

  • March 01, 2024

    Ex-Raytheon Worker Asks Full 5th Circ. To Revive Firing Suit

    An ex-Raytheon engineer pressed the full Fifth Circuit to reconsider a panel decision blocking claims that he was fired for reporting concerns with a naval system, saying the panel wrongly expanded a national security court review bar to government contractors.

  • March 01, 2024

    Investment Co. Ordered To Follow Wage Suit Settlement

    An investment advisory company must abide by a settlement previously approved by a New York federal court to resolve a former employee's unpaid wage claims, a federal judge has ruled.

  • March 01, 2024

    Off The Bench: NCAA Loses On NIL, DC Wins With Stadium

    In this week's Off The Bench, a judge unlocked the door to name, image and likeness money for college athletes, Shaquille O'Neal's Hollywood debut still rings true three decades later, and D.C. clears an early legislative hurdle in its bid to bring back its namesake NFL team. If you were on the sidelines over the past week, Law360 is here to clue you in on the biggest sports and betting stories that had our readers talking.

  • March 01, 2024

    Booz Allen Says Ex-Employee Can't Tie Firing To Sex

    A former Booz Allen Hamilton worker pursuing a sex discrimination and retaliation suit failed to demonstrate how she would have been differently treated if she were male, the defense contractor and management consulting firm argued in urging a Virginia federal court to toss the case.

  • March 01, 2024

    DC Circ. Enforces UAW Bargaining Order With Auto Parts Co.

    The National Labor Relations Board correctly found that an automotive parts manufacturer stalled and improperly withdrew recognition from a United Auto Workers local after union certification, the D.C. Circuit ruled Friday, denying the company's request to challenge the ruling and granting the board's bid to enforce it.

  • March 01, 2024

    Dollar General Resolves Black Ex-Worker's Retaliation Suit

    Dollar General settled a Black former worker's lawsuit alleging she was unlawfully fired not long after she complained about race discrimination to the U.S. Equal Employment Opportunity Commission, according to a filing in Mississippi federal court Friday.

  • March 01, 2024

    Kent State, Transgender Prof. Eye Early Wins In Bias Suit

    The three defendants in a transgender professor's suit accusing Kent State University and two university officials of discrimination and retaliation in the revocation of a promotion, as well as the professor, have all asked an Ohio federal court to grant early wins in the case. 

  • March 01, 2024

    NJ Firm Loses Early Bid To Toss Atty's Fee-Split Row

    A New Jersey state judge on Friday refused to toss an attorney's claims that she's entitled to a nearly $425,000 cut of a foreclosure case settlement from when she served as an of counsel for Katz & Dougherty LLC, ruling that the firm's dismissal motion targeting an alleged "made-up" contract was premature.  

  • March 01, 2024

    Trucking Co. Seeks Early Win In Colo. Drivers' OT Suit

    A trucking company has asked a Colorado federal judge to grant it a win in a group of drivers' lawsuit alleging unpaid overtime, arguing that the workers can't prove the statute of limitations should be extended to cover their claims.

  • March 01, 2024

    Employment Law Firm Sues IT Co. Over Ransomware Attack

    California-based employment law firm Mastagni Holstedt has sued an IT solutions company in Sacramento County Superior Court, saying that after hiring the company to install a network system and server, the firm suffered a ransomware attack forcing it to pay a group known as Black Basta to retrieve its data.

  • March 01, 2024

    Fired Boston Top Cop Says 'Destroyed Reputation' Merits Trial

    A Boston police commissioner fired after decades-old allegations of domestic abuse surfaced told a federal judge he is entitled to his day in court for his defamation suit, saying the city's former mayor "destroyed" his reputation in the press.

  • March 01, 2024

    Whistleblowers Say Paxton's Bid To Duck Deposition 'Disloyal'

    Whistleblowers accusing Texas Attorney General Ken Paxton of firing them for reporting suspected wrongdoing urged the state Supreme Court to reject his office's attempt to "derail litigation unilaterally" and avoid deposition in their retaliation lawsuit.

  • March 01, 2024

    DC Appeals Court Affirms 2014 Firing Of Administrative Judge

    A Washington, D.C., appeals court upheld the termination of a D.C. Office of Administrative Hearings judge who was fired nearly a decade ago amid scrutiny for a range of ethics violations that included steering a $43,000 city contract to the husband of the agency's general counsel.

  • March 01, 2024

    Golf Club Settles Claims Trump Atty Illegally Pushed NDA

    A Trump Organization golf club has settled a former server's claims that she was illegally induced to sign a nondisclosure agreement by one of Donald Trump's lawyers, Alina Habba, reopening the door for the ex-employee to pursue claims that she was sexually harassed on the job.

  • March 01, 2024

    USPS Says Ex-Carrier's Suit Fails Updated Religious Bias Test

    The U.S. Postal Service urged a Pennsylvania federal court to toss a former mail carrier's religious discrimination suit following its trip to the U.S. Supreme Court, arguing his request to skip Sunday work caused an excessive burden on the agency under the high court's clarified standard.

Expert Analysis

  • Race Bias Defense Considerations After 11th Circ. Ruling

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    In Tynes v. Florida Department of Juvenile Justice, the Eleventh Circuit affirmed that the McDonnell Douglas test for employment discrimination cases is merely an evidentiary framework, so employers relying on it as a substantive standard of liability may need to rethink their litigation strategy, says Helen Jay at Phelps Dunbar.

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

  • How Echoing Techniques Can Derail Witnesses At Deposition

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    Before depositions, defense attorneys must prepare witnesses to recognize covert echoing techniques that may be used by opposing counsel to lower their defenses and elicit sensitive information — potentially leading to nuclear settlements and verdicts, say Bill Kanasky and Steve Wood at Courtroom Sciences.

  • 6 Ways To Minimize Risk, Remain Respectful During Layoffs

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    With a recent Resume Builder survey finding that 38% of companies expect to lay off employees this year, now is a good time for employers to review several strategies that can help mitigate legal risks and maintain compassion in the reduction-in-force process, says Sahara Pynes at Fox Rothschild.

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • NYC Workplace AI Regulation Has Been Largely Insignificant

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    Though a Cornell University study suggests that a New York City law intended to regulate artificial intelligence in the workplace has had an underwhelming impact, the law may still help shape the city's future AI regulation efforts, say Reid Skibell and Nathan Ades at Glenn Agre.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • Args In APA Case Amplify Justices' Focus On Agency Power

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    In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.

  • Mitigating Whistleblower Risks After High Court UBS Ruling

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    While it is always good practice for companies to periodically review whistleblower trainings, policies and procedures, the U.S. Supreme Court’s recent whistleblower-friendly ruling in Murray v. UBS Securities helps demonstrate their importance in reducing litigation risk, say attorneys at Arnold & Porter.

  • Using Arbitration And Class Waivers As Privacy Suit Tools

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    Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.

  • Future Not Looking Bright For Calif. Employee Nonsolicits

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    California's new legislation imposing potentially harsh consequences on employers for attempting to enforce noncompetes raises questions about the fate of employee nonsolicitation agreements — and both federal and state court decisions suggest the days of the latter may be numbered, say Anthony Oncidi and Philippe Lebel at Proskauer.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • Del. Ruling Stands Out In Thorny Noncompete Landscape

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    In Cantor Fitzgerald v. Ainslie, the Delaware Supreme Court last month upheld the enforceability of forfeiture-for-competition provisions in limited partnership agreements, providing a noteworthy opinion amid a time of increasing disfavor toward noncompetes and following a string of Chancery Court rulings deeming them unreasonable, say Margaret Butler and Steven Goldberg at BakerHostetler.

  • Class Actions At The Circuit Courts: February Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

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