| SUPREME COURT REVIEW
In its first complete term back at full strength since the death of Justice Antonin Scalia, the top U.S. court took on several cases that revealed deep divisions among its members. Here are the most stinging dissents.
With the Supreme Court largely punting on deciding the issues at the center of some of its biggest cases this term, the justices turned to concurrences to fight for the future of the law.
While the justices tend to join most often with colleagues whose philosophy they share, even politically charged cases can create groupings that defy easy categorization. Here are a few from the latest term.
From a raucous house party to the often-disappointing taste of wedding cake, the justices found plenty to laugh about in the latest term. Here are the top moments of legal levity.
President Donald Trump is ramping up the process of replacing Justice Anthony Kennedy on the U.S. Supreme Court, interviewing four candidates Monday and revealing the White House staffers who are leading the selection effort.
Amy Coney Barrett has been sitting on the Seventh Circuit bench for only eight months, but she is rumored to be on President Donald Trump’s shortlist for potential picks to replace Justice Anthony Kennedy on the U.S. Supreme Court.
The Fair Labor Standards Act celebrated its 80th birthday last week, and legal experts on both sides of the worker-management divide say the landmark law is showing its age. Here, Law360 looks at ways management-side employment attorneys say they would like to see Congress update the octogenarian statute. (This is the first article in a two-part series. Check back Thursday to read about how workers’ attorneys would revise the FLSA.)
The Fifth Circuit on Friday reopened an assisted living facility nurse’s suit alleging her employer failed to adequately address sexually inappropriate behavior by a patient in her care, which included routine groping and punching, saying a jury should decide whether the facility properly protected her.
A New York judge on Monday declined to certify a proposed class of unpaid former Madison Square Garden interns who are accusing the company of illegally stiffing them on wages, saying they failed to address issues that sunk their earlier certification bids.
Newly elected leaders of Jackson Lewis PC say they have big plans for the direction of the law firm, including imminently appointing a new chief operating officer from a professional services firm, expanding in several states and adding to the firm’s capabilities in health care and employee benefits law. Here, Law360 chats with newly elected co-chairs William Anthony and Kevin Lauri about the future of the firm.
A proposed class of Marshalls employees in California hit the retailer with a wage and discrimination suit in state court Monday, alleging workers aren’t compensated for the time they spend going through security checks and bringing a novel theory that the practice discriminates against women, who are more likely to carry purses.
WAGE & HOUR
The Eleventh Circuit on Friday reversed an order granting First Class Parking Systems LLC a quick exit from a group of valets’ Fair Labor Standards Act wage suit, ruling that the trial court erred in concluding that the employees did not qualify for coverage under the law’s “handling clause.”
The NCAA is already pointing to a decision by the Seventh Circuit upholding its transfer restriction rule to argue that the Ninth Circuit should not revive a separate proposed wage-and-hour class action, saying the Seventh Circuit’s decision proves its athletes are amateurs and not employees.
An Illinois federal judge gave the final signoff Monday to a $700,000 deal that ends a California class of Life Time Inc. trainers’ claims that the company had been paying them improperly under the Fair Labor Standards Act.
GrubHub was hit with another proposed collective and class action accusing it of misclassifying delivery drivers as independent contractors to avoid providing minimum wage and overtime pay, with a pair of workers filing suit in Illinois federal court.
Harley-Davidson unlawfully offered certain employees at a Pennsylvania plan a $15,000 incentive to retire ahead of looming layoffs because it didn’t first negotiate the plan with the workers’ union, the National Labor Relations Board ruled Friday.
A California federal judge ruled Monday that a union representing workers at the San Francisco Chronicle could arbitrate two grievances relating to the employees’ vacation benefits since the language of their collective bargaining agreement allowed for arbitration to be initiated by just one side.
Dinsmore & Shohl LLP has beefed up its parental leave policy, allowing female attorneys to take 18 weeks of paid leave in the year after giving birth and granting leave time to adoptive parents and the partners of new mothers as well, the firm announced Monday.
A former employee of technology solutions company Apprio sued the company, the federal government and another technology services firm Friday, seeking $63 million over allegations his software was wrongly given to a U.S. Department of Defense agency and that the agency has made thousands of unauthorized copies and attempted to reverse engineer the program.
An Illinois federal judge Friday sent a former New York Yankees outfielder’s suit alleging he was injured at a June 2017 game at the Chicago White Sox’s Guaranteed Rate Field back to state court, saying the White Sox can’t claim the case is a federal labor dispute.
A former peer review coordinator for Memorial Hermann Health System in Texas has sued the hospital for more than $1 million, claiming it fired her in retaliation after she reported that she was being asked to reveal information she believed to be confidential under Texas law.
A network of Florida urogynecology practitioners has agreed to pay the federal government $1.7 million to resolve claims that it violated the False Claims Act by knowingly billing the government for inflated amounts or for services it never actually performed, the Justice Department announced Monday.
Plaintiff statistical experts have recently applied the human capital theory when evaluating compensation disparities. But analysts who adhere solely to this approach may be presenting analyses that do not capture the complete story, says Cliff Haimann of DCI Consulting Group.
Following the U.S. Supreme Court’s decision in Murphy v. NCAA, player associations must not only monitor how state legislatures and Congress react to the ruling, but also proactively engage with both federal and state legislatures. Failure to do so will likely leave players in an unfavorable position vis-a-vis their respective leagues, say attorneys with Dechert LLP.
After multiple extensions, the EB-5 visa program is set to expire on Sept. 30. The uncertainty of the program’s future and proposed changes to minimum threshold investments have led developers to increase their fundraising efforts prior to the deadline, and they may cut back on use of EB-5 funds going forward, say Bruce Meyerson and David Coombs of Goulston & Storrs PC.
The Internal Revenue Service’s March 31, 2020, deadline for remedial amendment of 403(b) plan documents is not as far off as it seems. If remediation is needed, it will take time, so public schools and other eligible tax-exempt organizations should move plan review to the top of their to-do lists now, say Denise Erwin and Sarah Bhagwandin at Bryan Cave Leighton Paisner LLP.
The Senate Republican leadership and the Trump administration are racing to fill Justice Anthony Kennedy’s spot on the U.S. Supreme Court. Does opposition to their plans have any chance of success? My answer is yes, because the stakes are so high, people are so engaged, and the records of those short-listed are so deeply troubling, says Nan Aron, president of Alliance for Justice.
Perkins Coie LLP, WilmerHale, Olshan Frome Wolosky LLP and Choate Hall & Stewart LLP have joined the cavalcade of law firms announcing changes to their associate compensation structure, according to internal memos made public Monday.
U.S.-based law firms are on pace for another record-setting year of tie-ups, according to a report released Monday that indicates the high-water mark of 102 mergers, set in 2017, could be overtaken before year’s end.
A Covington & Burling LLP partner and a Microsoft in-house attorney speaking at a conference about artificial intelligence warned Friday that as the technology is applied to legal problems, AI systems have faced questions about baked-in biases and a lack of transparency as to how they reach decisions.
A divided California Supreme Court on Monday reversed a lower court’s order that Yelp take down defamatory reviews of a personal injury attorney posted by a former client, saying the consumer review website is protected by a federal law shielding publishers of third-party content.
A Virginia federal judge signed off on a magistrate judge’s recommendation and granted Latham & Watkins LLP’s default judgment bid in a suit against a website it said purports to hire people to work at Latham from home, after the owners of the website failed to respond to the complaint.
Larry Hayes is not only the general counsel of Qurate Retail Group, but also a college football referee who works as a center judge in the Atlantic Coast Conference. Here, he discusses the skills vital for a successful general counsel, the challenges his business faces in 2018 and the worry that keeps him up at night.
June not only brought the first days of summer, but also a string of notable legal hires that included new general counsel and chief legal officer appointments at Adobe Systems Inc., Consumer Reports, Lionsgate, the University of Mississippi and the Association of Corporate Counsel, as well as new deputy general counsel at ProPublica and startup Bird.