More Employment Coverage
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July 22, 2024
Baker Donelson's 'Growing' Atlanta Office Hires 2 Of Counsel
Baker Donelson Bearman Caldwell & Berkowitz PC has brought on two attorneys from FordHarrison LLP and Hawkins Parnell & Young LLP to its Atlanta office, strengthening its labor and employment group and its complex litigation and class actions group, the firm announced Monday.
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July 22, 2024
1st Circ. Doubts Calif. Law Governs DraftKings Job Fight
A former DraftKings executive seeking to undo his noncompete contract appeared to make little headway with the First Circuit on Monday as he argued that Massachusetts law should take a backseat in the dispute to California's more worker-friendly statute.
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July 19, 2024
US Chess Tolerates Human Trafficking, Champion Claims
The U.S. Chess Federation provides an arena for human trafficking and retaliated against a whistleblower who reported alleged sexual abuse, a two-time national champion claims in a lawsuit filed in New Jersey state court.
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July 19, 2024
What The End Of Chevron Means For FTC Rulemaking
Federal agencies can no longer expect courts to defer to their interpretation of challenged regulatory authorities under a landmark U.S. Supreme Court ruling the Federal Trade Commission expects will have no "significant impact," but that observers say could help trip up a noncompetes ban and perhaps other efforts.
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July 19, 2024
PTAB Invalidates Claims In Amsted Railcar Patent
The Patent Trial and Appeal Board has wiped out several claims in an Amsted Rail Co. Inc. patent covering a way of monitoring the performance of railcars, after the patent had become the subject of a suit between the railcar parts manufacturer and a former executive.
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July 19, 2024
Lin Wood Loses Bid To DQ Judge In Ga. Defamation Case
A Georgia federal judge on Friday refused to recuse himself from presiding over a trial in the defamation case against retired attorney L. Lin Wood from his former colleagues, ruling that Wood's disqualification bid against him is "untimely and, in any event, meritless."
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July 18, 2024
Fed. Circ. OKs Navy Deal Despite Contractor's Labor Unrest
The Federal Circuit denied Thursday a contractor's protest bids for U.S. Navy aircraft services contracts at two European bases, rejecting arguments that the lower court didn't properly consider the winning contractor's past labor violations and that the U.S. Supreme Court's overturning of the so-called Chevron doctrine "upends" the underlying decision.
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July 18, 2024
5th Circ. Upholds Tossing Of Ship Captain's Toxic Injury Suit
A former offshore supply vessel captain, who claims chemicals aboard caused his cancer and kidney failure, must sue his U.S. employer in England, the Fifth Circuit has ruled, saying the employment contract's forum selection clause is enforceable even after considering Louisiana's law which largely prohibits such clauses.
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July 18, 2024
CEO Firing Case Tied To Mogul Going To Mediation
A former chief executive and a European IT company tied to convicted mogul Greg Lindberg will head to mediation as part of a back-and-forth case involving allegations of firing without warning and spending company money on women's lingerie.
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July 18, 2024
FordHarrison Accused Of Terrorizing Conn. Library Workers
Multistate employment law firm FordHarrison LLP has been dragged into existing feuds between a Connecticut library and two of its employees, with new state court lawsuits accusing the firm of misrepresenting state law and inflicting emotional distress by demanding the employees retract claims allegedly made at a public hearing.
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July 18, 2024
Healthcare Co. Says Fired In-House Atty Lacks Standing To Sue
Kidney care company Panoramic Health has urged a Colorado federal judge to toss a former assistant general counsel's lawsuit that claims she was fired for raising concerns about violations of federal anti-kickback statutes.
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July 18, 2024
NJ Gov., Ex-Elections Chief Spar Over Push To Resign
Garden State Gov. Phil Murphy told a New Jersey state judge Thursday claims from the former elections chief that his civil rights were violated when he was pushed to resign allegedly in retaliation for a satirical article should be tossed, arguing there is nothing in the law that prevents him from asking a state official to resign.
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July 17, 2024
FTC Cites 3rd Circ. In Defending Noncompete Ban
The Federal Trade Commission has continued to argue against a preliminary injunction a tree services company wants against its noncompete ban, directing a Pennsylvania federal judge to look at a Third Circuit decision from the day before calling for a high bar on initial court blocks absent immediate and permanent harm.
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July 17, 2024
United, Union Pacific Must Face Genetic Privacy Suits
United Airlines and Union Pacific Railroad must face proposed class claims that they violated applicants' genetic information privacy rights by requiring them to disclose their family medical history during the hiring process, an Illinois federal judge said in separate orders Tuesday.
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July 17, 2024
CVS, Job Applicant Report Settlement In AI Lie Detector Suit
CVS Health Corp. has reached a tentative settlement in a proposed class action accusing the retail pharmacy chain of secretly using artificial intelligence that functions as a lie detector in its online job applications, according to a filing in Massachusetts federal court Wednesday.
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July 17, 2024
Heart Doctor's Sham Suit Claims Cut From Antitrust Row
Defending against allegedly sham monopolization claims wasn't enough for a Texas federal judge to preserve counterclaims from a Laredo cardiologist and his medical center contending the lawsuit is only meant to cement their foes' own monopoly in the city, with the judge on Tuesday finding no injury to establish standing.
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July 17, 2024
Colo. Firm Says Ex-Director Stole Clients While On Payroll
Colorado boutique Whitcomb Selinsky PC is accusing one of its former directors of trying to steal clients while he was still employed with the firm to take with him to his new practice.
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July 17, 2024
Feds Ask To Quash OneTaste Exec's Netflix, Vice Subpoenas
Prosecutors on Wednesday asked a Brooklyn federal judge to nullify what they called overbroad subpoenas filed by an executive of the sexual wellness company OneTaste seeking information from major media companies including Vice and Netflix in connection with a forced-labor case.
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July 17, 2024
Brown Fox Gains Jackson Lewis Employment Pro In Dallas
Lone Star State business boutique Brown Fox PLLC has strengthened its labor and employment bench with a partner in Dallas who came aboard from Jackson Lewis PC.
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July 17, 2024
Lewis Brisbois Litigator Jumps To Diaz Reus In Miami
Diaz Reus LLP picked up a new partner for its Miami headquarters who handles complex commercial litigation, class action defense and securities and fraud litigation from Lewis Brisbois Bisgaard & Smith LLP.
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July 17, 2024
Ex-Partners Fight 'Cynical' Lin Wood's Judge DQ Attempt
Former colleagues of retired Georgia attorney Lin Wood slammed a bid to have the judge presiding over a defamation trial next month disqualified over his ties to Alston & Bird LLP, calling the effort "another last-minute, 'Hail Mary' attempt to delay the upcoming trial."
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July 16, 2024
KBR Whistleblower Loses $1.1M Settlement Award At 5th Circ.
The Fifth Circuit on Tuesday reversed a KBR Inc. whistleblower's $1.1 million share of a False Claims Act settlement over alleged Iraq War contract kickbacks, agreeing with the federal government that the now-deceased whistleblower's estate deserved nothing since none of his claims were settled.
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July 16, 2024
Houston Atty Allegedly Misled Client About Past Malpractice
A man is suing the lawyer who was representing him in an employment case because the attorney didn't disclose his "extensive" history of legal malpractice, telling a Texas state court that the attorney broke his fiduciary duties by not revealing his past misdeeds.
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July 16, 2024
The 2024 Diversity Snapshot: What You Need To Know
Law firms' ongoing initiatives to address diversity challenges have driven another year of progress, with the representation of minority attorneys continuing to improve across the board, albeit at a slower pace than in previous years. Here's our data dive into minority representation at law firms in 2023.
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July 16, 2024
These Firms Have The Most Diverse Equity Partnerships
Law360’s law firm survey shows that firms' efforts to diversify their equity partner ranks are lagging. But some have embraced a broader talent pool at the equity partner level. Here are the ones that stood out.
Expert Analysis
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How Attorneys Can Reduce Bad Behavior At Deposition
To minimize unprofessional behavior by opposing counsel and witnesses, and take charge of the room at deposition, attorneys should lay out some key ground rules at the outset — and be sure to model good behavior themselves, says John Farrell at Fish & Richardson.
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Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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After Chevron: Good News For Gov't Contractors In Litigation
The net result of the U.S. Supreme Court's decision overturning Chevron deference is that individuals, contractors and companies bringing procurement-related cases against the government will have new pathways toward success, say Joseph Berger and Andrés Vera at Thompson Hine.
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How High Court Approached Time Limit On Reg Challenges
The U.S. Supreme Court's decision in Corner Post v. Federal Reserve Board effectively gives new entities their own personal statute of limitations to challenge rules and regulations, and Justice Brett Kavanaugh's concurrence may portend the court's view that those entities do not need to be directly regulated, say attorneys at Snell & Wilmer.
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After Chevron: FTC's 'Unfair Competition' Actions In Jeopardy
While the U.S. Supreme Court's decision ending Chevron deference will have limited effect on the Federal Trade Commission's merger guidelines, administrative enforcement actions and commission decisions on appeal, it could restrict the agency's expansive take on its rulemaking authority and threaten the noncompete ban, say attorneys at Baker Botts.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.