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A former Ogletree Deakins Nash Smoak & Stewart PC attorney has accused the head of Ogletree’s Phoenix office and a shareholder who’s the firm’s “largest rainmaker” of implementing nationwide policies at the firm that discriminate against women, according to a proposed amended complaint filed Monday.
Sandwich company Jimmy John’s does not jointly employ, along with its franchisees, a proposed collective of assistant store managers who claim they were illegally misclassified as exempt from overtime, an Illinois federal judge ruled in an opinion unsealed Tuesday.
A California federal judge ruled Tuesday that the U.S. Equal Employment Opportunity Commission’s lawyers acted in bad faith when they didn’t disclose that two people who spurred an agency class action had died before it was filed, saying the lawyers may be sanctioned but that class allegations can proceed.
A Washington federal judge on Monday refused to certify a class of more than 8,000 female Microsoft Corp. information technology workers and engineers who claim the company’s promotion scheme and allegedly male-dominated culture cause them to earn significantly less than men.
A California judge on Tuesday tentatively tossed a patent attorney’s lawsuit claiming she was wrongly fired by Silicon Valley firm LegalForce RAPC for challenging an allegedly biased revenue requirement imposed on female employees, pointing to the law firm’s assertions the attorney was booted, in part, for creating a fake client.
A Texas appeals court on Tuesday mostly revived a discrimination lawsuit brought by a white nurse against her former employer, the University of Texas Health Science Center-Houston, holding that she hadn’t shown she was discriminated against because of her gender but allowing her to bring claims of racial discrimination, retaliation and constructive discharge.
Fazio DiSalvo & Abers PA and its name members let an ex-partner who mishandled a woman’s valuable retaliatory firing claims against a former employer pretend he was still working with the Fort Lauderdale law firm, according to a Florida malpractice suit filed Tuesday.
The Equal Employment Opportunity Commission has urged a Texas federal court to put a quick end to a suit brought by BNSF Railway Co. that accused the agency of flouting the Americans With Disabilities Act when it issued dozens of right-to-sue notices, saying those letters are not subject to judicial review.
WAGE & HOUR
A New York federal magistrate judge again denied class certification to a group of Barnes & Noble Inc. cafe managers who claim the bookstore giant misclassified them as exempt from overtime under the Fair Labor Standards Act, handing down her ruling in light of a recent Supreme Court decision.
An Eleventh Circuit panel on Tuesday rejected the National Labor Relations Board’s arguments that a Florida university and a Domino’s franchisee violated federal labor law by enforcing employment agreements that compelled workers to sign away their rights to pursue class action or collective claims, citing the U.S. Supreme Court’s bombshell Epic Systems decision.
The U.S. Department of Labor indicated Monday that it is less than a week away from formally revoking the controversial Obama-era “persuader” rule, which expanded employers’ disclosure requirements related to union-organizing campaigns but was later blocked by a Texas judge.
The city of Seattle asked the full Ninth Circuit to revisit a recent appellate decision reviving the U.S. Chamber of Commerce’s challenge to a city ordinance letting app-based, ride-hailing drivers bargain collectively, saying Monday that a panel trampled on states’ sovereign powers to delegate regulatory authority to local governments.
The National Labor Relations Board ordered a Sacramento hotel to bargain with employees after concluding it engaged in several unfair labor practices, including encouraging workers to get rid of a union and dragging out contract negotiations, and to verbally notify workers of the violations.
Tesla Inc. on Monday won a Nevada federal judge’s approval to subpoena Apple Inc., Google Inc. and Microsoft Corp. to preserve email and cloud storage content belonging to a former process technician the automaker has accused of stealing confidential company data and trade secrets and siphoning them to third parties.
A Massachusetts federal judge questioned at the close of a bench retrial Tuesday whether a group of nursing homes could have recognized that a physical therapist tasked with auditing the company attempted to voice concerns about potential False Claims Act violations before she was fired.
Advocate Christ Hospital and Medical Center asked an Illinois federal judge on Tuesday to rethink his order keeping it in a False Claims Act suit alleging the hospital and a surgeon group improperly billed Medicare for surgeries that didn’t involve residents, saying the billing happens independently and it hasn’t broken any laws over the alleged issue.
The Seventh Circuit declined Monday to revisit its decision to uphold the dismissal of a wrongful death lawsuit that the parents of a hockey player who fatally overdosed brought against the National Hockey League for allegedly downplaying the risks of head trauma.
A split Texas appellate panel tossed a lower court decision that stripped an offshore drilling platform worker of a $1.7 million judgment against W&T Offshore Inc., saying Tuesday the trial court was barred from determining the man was a borrowed worker as a matter of law because there were factual issues in dispute over his status as such.
Since the Defend Trade Secrets Act became law two years ago, there have been more than 800 related cases filed in federal district courts. Consultants at Charles River Associates provide a brief update on DTSA lawsuits and discuss two recent appellate decisions relating to damages that trade secrets litigators need to be aware of.
U.S. colleges and universities are starting to feel the pressure of slipping enrollment numbers and increased global competition for international students, and recruitment challenges have now likely been exacerbated by two recent policy shifts announced by U.S. Citizenship and Immigration Services, say Stephen Smalley and Melissa Manna of Ogletree Deakins Nash Smoak & Stewart PC.
Last month, the U.S. Environmental Protection Agency published a proposed rule rolling back Obama-era requirements for facilities handling hazardous substances. Some western states, meanwhile, have strengthened their own regulations in this area. Companies now contend with accident prevention and process safety regulations that are inconsistent, say Benjamin Patton and Mary Balaster of Reed Smith LLP.
Foreign students who arrive in the U.S. on a student visa are treated as nonresident aliens and are subject to special tax provisions. Beate Erwin and Neha Rastogi from Ruchelman PLLC discuss this unique residency status, the federal income tax consequences and U.S. reporting requirements.
Popular culture paints the Hill as a place teeming with intrigue, corruption and malicious intent. But in Congress I learned important lessons about respecting people and the work they do, says former Sen. Norm Coleman, R-Minn., of Hogan Lovells.
LEXIS PRACTICE ADVISOR
In the final part of this guide to arbitrating employment disputes before the Financial Industry Regulatory Authority, Steven Hurd and Andrew Sherwood of Proskauer Rose LLP review prehearing procedures, the settlement and withdrawal of claims, hearing procedures and strategies, and the award and post-award process.
Five more law firms announced associate pay raises Tuesday, following the lead of other law firms that have increased salaries in recent weeks, with one law firm declaring its first-year associates will earn $210,000 a year in base pay.
A former Bentham IMF Ltd. executive has jumped into the litigation funding market with the launch of his own firm on Tuesday, saying his new venture is backed by $250 million in private equity and other commitments and staffed by former attorneys from BigLaw firms like Kirkland & Ellis LLP and Boies Schiller Flexner LLP.
Pro Bono Spotlight
A pro bono effort by Kirkland & Ellis LLP attorneys paid off recently when the D.C. Circuit handed down a precedential opinion finding that drug offenders should be sentenced based on their individual crimes rather than the crimes of the wider conspiracy they are involved in.
A radical effort in Australia to license litigation funders should hold lessons for the U.S. as courts and legislators grapple over rules for the fast-growing industry, experts said, including the country’s reliance on hard data to inform the debate about regulation.