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The Tuesday resignation of Latham & Watkins LLP Chair Bill Voge amid a sexual misconduct scandal investigated by Law360 showcases how personal behavior can become a professional liability for attorneys, but experts say it falls well short of a #MeToo reckoning for BigLaw.
The Tuesday resignation of Latham & Watkins Chair Bill Voge was the culmination of a monthslong association with a woman unconnected to the firm that began last September, when Voge volunteered to broker a “Christian reconciliation” between her and a member of a nonprofit where Voge sat on the board.
Allegations that National Labor Relations Board members are biased against unions or employers are nothing new and usually don’t gain much traction, but the recent withdrawal of a landmark ruling because of perceived conflicts stemming from NLRB member Bill Emanuel’s BigLaw background shows that such concerns may hamper the Trump NLRB’s efforts to undo President Barack Obama’s pro-labor legacy, experts say.
Pending legislation in New Jersey aimed at banning nondisclosure agreements in cases of discrimination, retaliation or harassment also would preclude arbitration agreements in employment contracts, a move some attorneys and law professors said would run afoul of federal law and U.S. Supreme Court precedent that prohibit state efforts to forbid arbitration.
Attorneys who were held in contempt for filing an overtime pay suit against Chipotle based on a rule a Texas federal judge had blocked asked the judge Tuesday to stay the contempt order while they appeal to the Fifth Circuit.
The ex-Akin Gump Strauss Hauer & Feld LLP attorney who was sentenced to 2 1/2 years in prison for trying to sell a sealed whistleblower complaint said the government gave him back a hard drive full of stolen lawsuits, according to his renewed bid Wednesday to get into a prison-time-shaving drug rehab program.
Fox News and former anchor Bill O’Reilly asked a New York federal court Tuesday to toss defamation and other claims brought by three women who had previously reached settlement agreements over their alleged mistreatment by O’Reilly, saying some claims lack merit while others fall under the purview of arbitration agreements.
The Eleventh Circuit ruled Wednesday that a Georgia federal judge was too quick to toss a national origin discrimination suit brought pro se by an Ethiopian math teacher, saying the teacher should have been allowed to fix errors in the initial complaint.
Southeastern Oklahoma State University on Tuesday told a federal court to reject a bid for reinstatement to her job by a former professor who recently won a $1.16 million jury verdict for being denied tenure and terminated because she is transgender, saying it would amount to an unwarranted windfall.
New Jersey urged a federal judge to scrap a hostile workplace lawsuit brought by a state judge, arguing Tuesday that she already raised the same claims when she responded to a separate ethics complaint that alleges she misused her staff.
A Washington federal judge declined Tuesday to rethink her decision ordering the federal government to disclose all the information it may use to defend a ban on transgender military service members, deeming the administration’s attempt to invoke executive privilege belated and its current disclosures insufficient.
A female associate director at Steven A. Cohen’s Point72 Asset Management LP urged a New York federal judge on Wednesday to keep her claims of pervasive sexism at the hedge fund from being moved to arbitration, which the billionaire investor had requested last month.
WAGE & HOUR
Bloomberg LP asked a New York federal judge Tuesday to decertify classes of California- and New York-based help desk representatives who alleged the company wrongfully exempted them from overtime pay, arguing that damages would have to be determined on an individual basis.
The U.S. Department of Labor said Tuesday that it had filed suit against East Penn Manufacturing Co. for the battery company’s alleged failure to pay its workers for time spent putting on and removing protective clothing prior to and following their shifts.
Congress may step in this week to put an end to Minor League Baseball players’ wage-and-hour claims against Major League Baseball, but the timing of such legislation, which has been unsuccessful in the past, is raising some eyebrows.
A former senior United Auto Workers official is the latest to be charged in the government’s rapidly expanding bribery case against union executives, with prosecutors accusing her of using Fiat Chrysler Automotive US LLC funds to buy designer shoes, spa trips, graphite golf clubs and a $2,182 Italian shotgun.
The Sixth Circuit on Wednesday remanded a fair representation and fair pay suit against Chrysler to the lower court, instructing the court to hold the case in abeyance while the suing employees pursue internal union remedies.
A Massachusetts federal judge on Wednesday canceled the scheduled start of the trial of a pair of Boston City Hall aides accused of pressuring a music festival to hire unneeded union labor as prosecutors indicated they are open to dismissing the case, as long as a judge agrees to preserve their rights to appeal his definition of extortion.
Globus Medical Inc. engaged in “unlawful tactics” as it lured away a pair of sales consultants with Johnson & Johnson unit DePuy Synthes in violation of their contractual noncompete obligations, according to a lawsuit removed to Pennsylvania federal court Tuesday.
A South Carolina federal judge refused Wednesday to grant a new Medicare-fraud trial to a former medical testing lab head and marketing consultants over a juror’s Facebook posts, saying there was no sign of “disqualifying bias” in the run-up to a finding of liability for $17 million in false claims.
A California medical products supplier on Tuesday panned the federal government’s attempted insertion into a False Claims Act suit alleging it received inflated reimbursements from the state’s Medicaid program, telling a Massachusetts federal judge the Justice Department’s interest in its motion to toss the suit is too late and out of line.
A California state jury ordered a North Dakota-based construction equipment supplier to pay $21 million to the three minor children of a man accidentally killed in a rock crushing machine at the Southern California asphalt facility where he worked.
A Texas federal judge on Tuesday denied summary judgment to insurance broker Hays Group in a suit over coverage for an oil services contractor whose worker died in a terrorist massacre, adopting the recommendation of a magistrate judge who said there were factual issues in dispute.
Locks Law Firm on Tuesday accused the NFL of using “obstructionist tactics” to limit or delay payouts to former players in the concussion litigation in Pennsylvania federal court, arguing it should be given the responsibility of guiding them through the claims process.
Barnes & Thornburg LLP has added two labor and employment partners to the firm’s Los Angeles office, plucking the shareholders from Ogletree Deakins as part of the firm’s growth in Southern California.
Michael Best & Friedrich LLP has expanded its Denver office with the addition of four former Lathrop Gage attorneys to its intellectual property group, according to the firm.
Kellyanne Conway brought national attention to a little-appreciated federal law, the Hatch Act, which prohibits a wide range of political conduct by federal employees in the executive branch. But the same statute that allows the Office of Special Counsel to prosecute these complaints has a carveout for certain presidential appointees, says Alan Kabat of Bernabei & Kabat PLLC.
The Corpus Christi Court of Appeals’ recent decision in Halferty v. Flextronics America is important because it confirms that the higher participants in the usual construction contractual chain cannot merely push workers’ compensation requirements down to the lowest-tier subcontractors and still enjoy the exclusivity defense, says Pierre Grosdidier of Haynes and Boone LLP.
Over the past few years, forward-thinking law firms have expanded their talent pools to include a chief innovation officer, whose responsibilities include spearheading the implementation of technology. It is a smart move, says Mark Williamson, co-founder and chief technology officer at Hanzo Archives Ltd.
Any attorney can slip up online, as a slew of recent ethical flubs have shown, but millennial attorneys are especially susceptible because of their prolific posting and tweeting. Law360 looks at five of the worst mistakes attorneys can make on social media and how to avoid them.
Skadden partner Michael Y. Scudder Jr. and U.S. District Judge Amy J. St. Eve sailed through their confirmation hearing Wednesday for two Seventh Circuit spots, including one vacated by Richard Posner, answering questions from a handful of senators on the Senate Judiciary Committee.
How They Won It
Knowing the California Supreme Court’s decision would have broad ramifications for the legal industry, attorneys for Jones Day and Orrick Herrington & Sutcliffe LLP beat a clawback bid by the bankruptcy trustee of Heller Ehrman by arguing a core principle: A defunct law firm doesn’t have a property interest in hourly matters continued by a dissolved firm’s former partners.
Ten law schools urged the Second Circuit on Wednesday to uphold a lower court’s dismissal of federal antitrust and racketeering claims from a bar exam preparation company’s $50 million suit alleging they conspired to stifle competition for classes targeting foreign Master of Laws graduates, saying the claims weren’t factually supported.
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