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Waiters Seek OK For $1.4M Settlement From Brewery

Wednesday, Aug 27, 2008

A group of waiters and bartenders who sued Heartland Brewery Inc. for alleged violations of federal and state labor laws has asked a federal judge to certify a putative class of 2,100 and approve a $1.4 million settlement.

Howrey Told To Produce Notes In Backdating Probe

Wednesday, Aug 27, 2008

Howrey LLP has been ordered by a federal court to hand over attorneys' notes to former McAfee Inc. General Counsel Kent Roberts to be used in his defense of civil charges stemming from the company's stock options backdating scandal.

Juniper Reaches $22.7M Backdating Deal

Wednesday, Aug 27, 2008

A proposed settlement has been brokered that will lay to rest derivative claims brought by shareholders on behalf of Juniper Networks Inc. over alleged stock options backdating, in a move that will see the information technology company recovering $22.7 million as a result of stock repricing by some of its senior officers and directors.

Mohawk Can't Withhold Lawyer Records: 11th Circ.

Wednesday, Aug 27, 2008

The U.S. Court of Appeals for the 11th Circuit has upheld a decision granting a former Mohawk Industries Inc. employee's motion to compel disclosure of documents the company claimed were protected by attorney-client privilege, in a suit alleging the employee was fired for reporting undocumented workers.

No Early Judgment Against ING Bank In FLSA Suit

Wednesday, Aug 27, 2008

A purported Fair Labor Standards Act class action against ING Bank fsb will meander its way to trial, a federal judge ruled Tuesday, refusing to resolve the matter in favor of the plaintiffs, who allege that the bank failed to pay them overtime compensation and benefits due under a severance agreement.

Germany OKs Bill To Allow More Skilled Workers

Wednesday, Aug 27, 2008

In an effort to enhance Germany's ability to compete economically, Chancellor Angela Merkel's cabinet on Wednesday approved a bill to allow skilled workers into the country at lower income levels.

For Associates, 'Business Casual' Holds Traps

Wednesday, Aug 27, 2008

As new associates try to make sense of their law firm's vaguely worded dress policy – if they are handed a policy at all – they should keep two simple concepts in mind: Get noticed for your work, not your dress, and dress for the job you want, not the one you have.

Mattel Wins $100M From Bratz Maker

Wednesday, Aug 27, 2008

A jury has awarded Mattel Inc. $100 million for damages related to copyright infringement and employment contract interference in the patent catfight between the Barbie doll maker and MGA Entertainment Inc., the maker of Bratz dolls.

Seeking Fees, Firm Wins Injunction Against ERISA Plan

Wednesday, Aug 27, 2008

A federal court leveled an injunction Monday against the administrators of the Kodak Retirement Income Plan, forcing them to set aside a portion of beneficiary payments as the court weighs whether Kickham Hanley PC is entitled to attorneys’ fees from the funds it helped recover for members of the plan.

Decree Clears St. Louis Of Discrimination: 8th Circ.

Wednesday, Aug 27, 2008

The U.S. Court of Appeals for the 8th Circuit has sided with the city of St. Louis and reversed a lower court's award of damages to two white firefighters who said they were victims of reverse racial discrimination when they were turned down for jobs with the city.

Legal Funding Gains Steam But Doubts Linger

Wednesday, Aug 27, 2008

Still in its infancy, the legal funding industry has been gaining more acceptance, but doubts persist over whether the practice of advancing plaintiffs and businesses part of an expected settlement could lead to exploitation and fraud.

ABA Postpones Vote On Conflict-Of-Interest Rules

Wednesday, Aug 27, 2008

The American Bar Association has postponed voting on Recommendation 114, the controversial measure that would ease conflict-of-interest rules for attorneys moving between private firms.

Ohio Police Win Class Status In Sick Leave Action

Tuesday, Aug 26, 2008

Thousands of police officers in Columbus, Ohio, have earned class certification in their lawsuit attacking the city for its allegedly unconstitutional employee sick leave policy.

No Remedies Levied Against Brocade CEO For Now

Tuesday, Aug 26, 2008

A federal judge has ruled that the criminal conviction of Brocade Communications Systems Inc.'s fallen CEO Gregory Reyes for options backdating prevents him from re-litigating civil securities fraud claims brought separately by the U.S. Securities and Exchange Commission, but has shot down the agency's request for remedies against him.

Cozen Nabs Fox Rothschild Marketing Officer

Tuesday, Aug 26, 2008

Fox Rothschild LLP is facing the loss of its expert chief marketing officer as Jim Staples prepares to depart for the same position at Cozen O'Connor LLP the week after Labor Day.

Lawyer Loses Appeal In Fee-Splitting Dispute

Tuesday, Aug 26, 2008

A California appeals court has upheld the dismissal of a lawyer's complaint that alleged another lawyer breached a fee-splitting contract for their collaboration on a class action.

Workers Ask For Class Certification In CSX FMLA Case

Tuesday, Aug 26, 2008

Current and former CSX Corp. workers who say the rail company systematically and willfully violated their rights under the Family and Medical Leave Act have asked a judge to certify a class in their lawsuit.

Mall Anti-Picketing Rules Unconstitutional: 9th Circ.

Tuesday, Aug 26, 2008

The U.S. Court of Appeals for the Ninth Circuit has ruled that two private shopping centers in California violated the National Labor Relations Act when they interfered with union picketing on their property even though the picketers were not their employees.

$1B Goodyear Settlement With Retirees Finalized

Monday, Aug 25, 2008

A federal court has granted final approval to a $1 billion settlement between Goodyear Tire & Rubber Co. and a class of 30,000 retirees and dependents, resolving the dispute over Goodyear’s attempt to change employees’ health benefits.

WWE Seeks To Toss Class Action Out Of Ring

Monday, Aug 25, 2008

Three men who used to wrestle for World Wrestling Entertainment Inc. are tag-teaming in a putative class action that claims the WWE enriched itself at their expense by using “sham” employment contracts. But a lawyer for the WWE said Monday the world-famous wrestling outfit plans to lay the smackdown on the case.


Guest Columns

Long-Term Impact Of Dynex On Scienter

The decision in Teamsters Local 445 Freight Division Pension Fund v. Dynex Capital Inc. is significant because it rejects the “collective scienter” concept, while providing a clear and useful illustration of the exacting pleading standards applicable to allegations of scienter against a corporate defendant, say Douglas M. Schwab and Christopher J. Mitchell of Heller Ehrman LLP.

One Offensive Comment Tests Tolerance In NJ

The New Jersey Appellate Division's reversal in Darren Kwiatkowski vs. Merrill Lynch, in essence, establishes a zero-tolerance threshold for offensive supervisory comments directed at gay subordinates in the workplace, says Ian W. Siminoff of Fox Rothschild LLP.

Social Networking Sites Pose New Challenges

As employers have revised policies in response to new technologies such as BlackBerrys, cell phones and the Internet, employers should now carefully review their existing policies, procedures and confidentiality agreements to cover social networking, says Martha Zackin of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

EFCA — The Right To Vote Under Attack, Again

The Employee Free Choice Act would take away an employee’s right to vote on union representation in a National Labor Relations Board secret-ballot election. It is difficult to comprehend why politicians of either party would support legislation so at odds with our American values, say Michael J. Lotito, Martin F. Payson and James J. LaRocca of Jackson Lewis LLP.

Ramifications Of The Reverse Commute

If employers want to maintain their work force in this changing landscape, they need to consider options to attract and retain employees by addressing their concerns with growing gasoline prices, says Bradley A. Sherman of Littler Mendelson PC.

Your Next Reduction In Force: The Dirty Little Secret

There are clear differences between reductions in force that work, and RIFs that convert an emergency room visit into a long-term lease in intensive care, says Philip A. Miscimarra of Morgan Lewis & Bockius LLP.

Sexual Harassment Policies May Not Speak Teen Lingo

Employers should recognize that teen workers, who are used to socializing in school and during school activities in ways that likely are not appropriate in the workplace, may need special training on sexual harassment issues, says Donna D. Page of Ballard Spahr Andrews & Ingersoll LLP.

A Significant Victory For Calif. Employers

Brinker is an extremely significant victory for employers, not only because it provides clear guidance on a disputed area of law, but also because it eliminates from the arsenal of the plaintiffs’ bar some of the most frequently alleged claims in employment class action lawsuits, say Jennifer S. Vanse and Anthony J. Amendola of Mitchell Silberberg & Knupp LLP.