| TOP NEWS
In the first half of 2018, judges have continued to rip up broad noncompete agreements, while the Trump administration has kept in place an Obama-era policy aiming to punish businesses that agree not to hire each other’s workers. Here, Law360 looks at four recent developments in restrictive covenant law that attorneys should have on their radar.
A San Francisco federal judge held off on deciding whether to transfer a $300 million gender discrimination suit against Ogletree Deakins Nash Smoak & Stewart PC to Orange County, California, saying Wednesday he’d let the proposed class amend its complaint to add equity shareholders, some of whom live in Northern California.
U.K. law firms Slaughter and May and Freshfields Bruckhaus Deringer LLP have released revised data to a parliamentary committee revealing that on average female partners and employees make 60 percent less than their male counterparts, a significantly larger pay gap than statistics they previously provided without including their partners.
National Labor Relations Board general counsel Peter Robb on Wednesday instructed regional offices to continue aggressively pursuing temporary injunctions to stop certain types of potentially unfair labor practices, affirming the use of those injunctions as an “important tool” for effectively enforcing federal labor law.
Wal-Mart Stores Inc. didn’t have to keep on a disabled maintenance employee who refused to clean the men’s restroom in a Colorado store, the Tenth Circuit ruled Wednesday, finding the store didn’t have to accommodate her if she couldn’t perform an essential job function.
The University of Texas at Austin has reached a settlement with a former track coach who had brought a discrimination lawsuit against the school alleging she was forced out over a years-past relationship with a student, the parties said Wednesday.
WAGE & HOUR
A New York federal judge on Wednesday blasted the attorney representing an employee behind a collective action alleging overtime pay violations at two Brooklyn grocery stores, striking his sanctions bid the same day it was filed and saying the court will instead consider whether he deserves punishment for repeated misconduct.
Washington, D.C., voters on Tuesday approved a ballot initiative that incrementally raises the minimum wage for tipped workers until it reaches $15 per hour, eliminating the ability of employers in the district to pay those workers below the minimum wage if tips cover the difference.
The National Restaurant Association’s legal arm has urged the National Labor Relations Board to adopt the trade group’s proposed rule to clarify the joint employer doctrine, saying it supports the NLRB’s recent efforts to engage in rulemaking rather than set policy based on precedent-setting decisions.
The Arena Football League’s players’ union sued the league on Tuesday in Illinois federal court, seeking a court order that the defendant comply with an arbitration award in favor of an injured player whose medical costs and two-thirds pay rate under a collective bargaining agreement stopped being covered.
Tesla Inc. hit a former process technician with a lawsuit in Nevada federal court Tuesday, accusing him of hacking into the company’s system, stealing gigabytes of Tesla’s confidential data and trade secrets and then transferring that information to third parties.
A California appeals court has ruled that a former Masimo Corp. vice president cannot force the medical device maker to arbitrate claims that he stole trade secrets, saying he may have acted in bad faith by litigating for years and then seeking arbitration just weeks before trial.
The unsecured creditors of Tops Markets LLC are set to appear in New York bankruptcy court Thursday after calling for an investigation into the bankrupt grocery chain and payments made by its previous ownership group that saddled the company with unsustainable liabilities, arguing discovery provided by the debtors is inadequate.
A Texas bankruptcy court Tuesday approved iHeartMedia Inc.’s plan to pay a dozen of its top executives up to $25 million in bonuses for 2018, overriding an objection by the U.S. Trustee’s Office.
The Third Circuit on Wednesday backed a Pennsylvania federal court’s decision to kill a former Coca Cola Co. employee’s putative class action over identity theft that allegedly stemmed from the theft of old work computers, finding the former employee can’t show he was damaged as a result of Coke’s conduct.
Littler Mendelson PC has added as a partner in its Toronto office an employment and immigration attorney who previously headed Norton Rose Fulbright Canada LLP’s business immigration and international mobility team in Toronto, the firm has announced.
McGinnis Lochridge has snagged an employment litigator versed in labor-union relations and wage-and-hour suits from Haynes and Boone LLP for its recently opened Dallas office.
The Fair Labor Standards Act fails to recognize that many of today’s employees are in the best position to record their own working time. Of course, this raises questions about how an employer can commit “wage theft” when an employee is actively choosing not to follow instructions and not to record all hours worked, say Lee Schreter and Pierre-Joseph Noebes of Littler Mendelson PC.
There is no doubt that the U.S. Supreme Court’s decision in China Agritech v. Resh squarely precludes the viability of untimely successive class actions. But what impact might it have on the viability of timely filed successive class actions? Erica Rutner of Lash & Goldberg LLP explores the question.
It has been widely reported that lawyers representing Colin Kaepernick in collective bargaining arbitration proceedings with the NFL may ask the arbitrator to compel President Donald Trump to appear for deposition. The case presents interesting issues about the power of an arbitrator to compel testimony of a nonparty, say attorneys with White and Williams LLP.
The introduction of EU-wide minimum standards for the protection of trade secrets should be welcomed by U.S. businesses for two reasons, say Robert Williams and Will Smith of Bird & Bird LLP.
One firm took the title of most prestigious law firm in the U.S. in the eyes of associates for the third year running, according to the results of a survey released Wednesday.
At times echoing a law school classroom, the Senate Judiciary Committee on Wednesday probed judicial nominees for the Fourth Circuit and a Florida district court about the limits of government power, asking about the ability to crack down on cocaine use and stop incest.
Munger Tolles & Olson LLP, Baker McKenzie, Schulte Roth & Zabel LLP and Brown Rudnick LLP have raised associate pay in the U.S. to match the new scale set by Cravath Swaine & Moore LLP last week, offering first-year associates a salary of $190,000, according to internal memos that have become public.
The Renco Group has reached a preliminary agreement to settle a case against its former attorneys, who it claims are to blame for an “inconsistent” jury verdict that cost the company and its billionaire owner Ira Rennert $214 million in damages.
Former Dewey & LeBoeuf LLP chief financial officer Joel Sanders, convicted in Manhattan federal court last year on fraud and conspiracy charges, was disbarred Wednesday in New York.
The Illinois board monitoring the conduct of the state’s judges has filed a formal complaint seeking the removal of a Cook County, Illinois, judge convicted in a $1.4 million mortgage fraud scheme, saying her failure to resign has harmed the state’s judicial system.
A decade and counting after the tanking global economy triggered a deluge of lawyer-targeted litigation, the costs for financial crisis-era malpractice suits continue to climb, according to insurer data released this week.
Pro Bono Spotlight
A Missouri federal judge recently struck down as unconstitutional the state prison system’s “freeze-frame” policy of denying hormone treatment and other health care to certain transgender inmates, a first-of-its-kind ruling that Robins Kaplan LLP attorneys helped obtain despite prison officials’ insistence that no such formal policy was in place.