| TOP NEWS
The U.S. Supreme Court’s blockbuster decisions in Epic Systems and Janus, which cleared the way for businesses to use class action waivers in arbitration pacts with workers and stripped public-sector unions of the ability to collect “fair share” fees from workers, were among the highlights of 2018 for employment law observers. Here, Law360 looks at four seminal court decisions in the first half.
The U.S. Securities and Exchange Commission said Thursday that Credit Suisse Group AG has agreed to pay nearly $30 million to settle the agency’s claims that it hired friends and family of foreign government officials in Asia in order to win investment banking business there in violation of the Foreign Corrupt Practices Act.
Female Twitter employees have been denied class certification by a San Francisco state court judge, who said under the U.S. Supreme Court’s Walmart Stores v. Dukes standard, the workers’ individual allegations over the tech company’s allegedly sexist promotion process were too diverse to be lumped together.
A little more than a week after it persuaded the U.S. Supreme Court to let public sector workers stop paying union dues, the National Right to Work Legal Defense Foundation filed a petition with the National Labor Relations Board on Thursday that could make it easier for some workers to oust their unions.
A female executive’s explosive claims of pervasive sexism at Steven A. Cohen’s Point72 Asset Management LP hedge fund are headed to arbitration, after a New York federal judge ruled Thursday that the woman’s employment agreement with the billionaire investor’s company “clearly” delegates arbitrability issues to an arbitrator.
Wearable devices and other tracking technology are giving athletes and teams more data to improve training and performance, but the vast amount of information about players’ behavior and biometrics raises a host of legal issues that current laws and labor contracts aren’t equipped to handle. Here, Law360 looks at four legal issues that go along with the use of wearable devices.
The Trump administration’s policy blocking transgender people from military service “borrows from the same playbook” the government used to segregate the armed forces by race until 1948, the NAACP Legal Defense Fund wrote in one of nine amicus briefs filed this week in a Ninth Circuit appeal of an injunction blocking the ban.
Paperboard manufacturer Lamitech Inc. has been slammed with a lawsuit in New Jersey alleging its general manager unlawfully wrote on Facebook about the details of a former employee’s cancer diagnosis, his prognosis and treatment plan, and ultimately terminated the worker because of his medical condition.
The Children’s Hospital of Philadelphia has agreed to pay $50,000 to end an action by the U.S. Department of Labor’s federal contractor watchdog alleging it hires too few women into food service jobs, according to a settlement deal released this week.
WAGE & HOUR
The U.S. Department of Labor went after several Mexican restaurants in Michigan federal court Thursday for allegedly paying workers below minimum wage and failing to provide proper overtime pay despite regularly requiring employees to put in more than 40 hours a week.
A group of five Houston Texans cheerleaders and the Texans football team have told a Texas federal judge that they are taking to arbitration a lawsuit claiming cheerleaders didn’t receive fair pay for their hours based on a binding arbitration agreement in their contracts.
A group of employees suing Edge Fitness LLC for purportedly violating the Fair Labor Standards Act by allegedly failing to pay them overtime received conditional class certification on Thursday, after a Connecticut federal court found the lead plaintiff had plausibly shown the gym operator’s overtime policies were shared across its 13 branches.
The NCAA must make three witnesses available for pretrial questioning in a lawsuit challenging the organization’s rules that prevent athletes from being paid beyond their scholarships, a California federal judge ruled after former college athletes who brought the lawsuit accused the NCAA of playing games with its witness lists.
A Maryland federal judge has agreed to reopen a decade-long, multimillion-dollar feud between Penske Truck Leasing Co. and a pension fund, paving the way for the parties to resolve any disputes that remain after an arbitrator ordered the fund to pay Penske more than $12 million.
The U.S. Department of Justice is trumpeting the Sixth Circuit’s endorsement of a physician’s fraud conviction for unnecessary heart procedures, saying it undermines prominent court rulings that rejected False Claims Act liability over differences of medical opinion.
The California Supreme Court on Thursday revived a suit alleging a woman’s injuries were caused by in utero exposure to chemicals at a Sony manufacturing plant where the woman’s mother worked, saying a state toxic exposure law tolled the claims until the woman reached age 18.
An Ohio federal judge on Thursday dashed a manufacturer’s hopes for a quick win on an employee’s allegation that he was illegally fired over a workers’ compensation claim, saying a jury should decide whether management’s hostility toward the worker’s injury-related restrictions led to his firing.
Over the last decade, the U.S. Supreme Court has made it progressively harder for consumers and employees to vindicate their rights through class actions. Although plaintiffs can still bring meritorious class actions in federal court, the recent decision in Epic Systems confirms that plaintiffs should look for creative alternatives in state court, say Amanda Karl and Steven Tindall of Gibbs Law Group LLP.
In Maldonado v. Epsilon Plastics, a California appeals court recently recognized the inherent unfairness of penalizing California employers twice for a single payroll error, holding that inaccurate wage statements alone do not justify penalties, say Gilbert Tsai & Josue Aparcio of Hanson Bridgett LLP.
Allen & Overy LLP attorneys from dozens of international offices collaborated this past year to oversee three of the six largest cross-border mergers and multibillion-dollar bond issuances in China, Saudi Arabia and Nigeria, landing the firm on Law360’s Global 20 list.
Conservative heavyweights fill out President Donald Trump’s list of potential Supreme Court nominees to step into Justice Anthony Kennedy’s seat. But how do they rate as judges? A new ranking from Ravel Law reveals how much weight they carry among their peers.
President Donald Trump has whittled his shortlist of replacements for retiring U.S. Supreme Court Justice Anthony Kennedy to four and aims to arrive at his final choice while at his New Jersey golf club this weekend, he told reporters Thursday.
Sixth Circuit judge and Supreme Court contender Joan Larsen is well regarded in legal circles, but with only a few years of experience on the bench, her overall judicial philosophy is still coming into view.
As attention on the U.S. Supreme Court has heated up since the retirement of Justice Anthony Kennedy on June 27, a previous member of President Donald Trump’s shortlist for a high court vacancy, Third Circuit Judge Thomas Hardiman, has bubbled to the surface again as a potential nominee.
Katten Muchin Rosenman LLP announced in an internal memo made public Thursday that it would raise base salaries for some of its U.S. associates in July in accordance with the new market scale, on the condition that they are on track to make their billable hour targets for the year.
Legal technology companies are reaping big benefits as corporate law departments look to free up attorneys to devote more time to complex tasks, and as the role of custom technology and automated processes gain momentum in the legal profession. Here’s what in-house lawyers need to know about how this expanding environment is transforming the industry.
A planned expansion of Delaware’s current five-member Court of Chancery gathered steam Thursday, one week after enactment of a state budget that added two new vice chancellor seats to the nationally prominent, 226-year-old equity court that routinely handles multibillion-dollar disputes.
President Donald Trump’s former personal attorney Michael Cohen has hired a prominent Washington lawyer known for working with the Clinton White House to represent him as he faces a federal corruption investigation and reportedly phases out his legal team at McDermott Will & Emery LLP.
This week’s legal lions include a team from Quinn Emanuel Urquhart & Sullivan LLP and Paul Hastings LLP that helped get a $140 million verdict junked, while on the legal lambs list is a former BigLaw attorney who pled guilty to running an unlawful money transfer business.