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Deloitte Can't Appeal Discovery Order In Ex-Atty's Suit
Wednesday, Sep 08, 2010
A Delaware state court judge has refused to certify an appeal of a discovery ruling compelling Deloitte LLP to produce documents the firm had tried to shield through attorney-client privilege in an employment case brought by disgraced partner Steven E. Klig.
Ex-Exec Hits GE Capital With $10M Retaliation Suit
Wednesday, Sep 08, 2010
A former assistant vice president at General Electric Capital Services Inc. has launched a suit seeking $10 million in damages for alleged retaliation against him after he expressed concern about the company's overvaluation of one of its largest investment assets.
Retirees Want Committee Status In Visteon Ch. 11
Wednesday, Sep 08, 2010
Salaried Visteon Corp. retirees whose benefits were cut off are seeking court approval to solidify their group with the appointment of an official committee to represent them in the bankruptcy now that the company has appealed a recent ruling ordering it to retroactively pay their benefits.
Refco Insurer Drops D&O Spat After Settlement OK'd
Wednesday, Sep 08, 2010
A federal judge has given XL Specialty Insurance Co. the green light to end its suit against former employees of the defunct commodities trading firm Refco Inc., following a bankruptcy court's approval of a settlement agreement the insurer reached with the majority of the remaining defendants.
DC Circ. Rejects DOI's Reading Of Title VII
Wednesday, Sep 08, 2010
A federal appeals court has revived a Title VII retaliation claim filed by a U.S. Department of the Interior employee, holding that government employees can seek review of mixed administrative judgments without risking the favorable aspects of those judgments.
Wells Fargo Settles Consultant FLSA Suit For $6.9M
Wednesday, Sep 08, 2010
A federal judge has given a green light to a $6.9 million settlement in a class and collective action brought on behalf of current and former Wells Fargo Investments Inc. financial consultants and advisers who claimed they were misclassified as exempt from overtime laws.
3rd Circ. Shoots Down NutriSystem Commission Suit
Wednesday, Sep 08, 2010
A federal appeals court has affirmed a lower court's decision to dismiss a collective action against NutriSystem Inc., saying the weight loss company was exempt from paying overtime to call center employees because its method of compensation constitutes a commission.
BNY Mellon Back On Hook Over Lehman Losses
Wednesday, Sep 08, 2010
A federal judge has resurrected a class action alleging The Bank of New York Mellon Corp. played fast and loose with pension plan assets, making risky and ruinous investments in Lehman Brothers Holdings Inc. notes and other mortgage-backed securities.
3rd Circ. Expands EEOC Subpoena In Kronos Bias Probe
Wednesday, Sep 08, 2010
A federal appeals court has determined that a lower court erred in restricting the scope of a U.S. Equal Employment Opportunity Commission subpoena requesting information from Kronos Inc. as part of its probe into allegations that a hiring assessment test Kronos made for The Kroger Co. is discriminatory.
Synthes Slams Biomet Over Top Consultant, Clients
Wednesday, Sep 08, 2010
The U.S. subsidiary of Switzerland's Synthes Inc. is going after rival orthopedic device maker Biomet Inc. for allegedly poaching a top sales consultant and making off with his biggest accounts.
BP Spreads Blame For Deepwater Horizon Disaster
Wednesday, Sep 08, 2010
BP PLC released its findings Wednesday from a four-month investigation into the causes of the Deepwater Horizon blast, pointing the finger at “multiple parties” — including rig owner Transocean Ltd. and contractor Halliburton Co. — it said should share the blame for the incident.
Simpson Thacher Fails To Nix PrediWave Suit
Tuesday, Sep 07, 2010
Simpson Thacher & Bartlett LLP has lost another bid to toss former client PrediWave Corp.'s malpractice suit in relation to an underlying deal that accuses the firm of concealing a massive fraud that allowed the company's CEO to abscond with tens of millions of dollars in ill-gotten funds.
HP Tries To Block Former CEO's Move To Oracle
Tuesday, Sep 07, 2010
Hewlett-Packard Co. has filed a trade secrets and breach of contract suit against recently departed CEO Mark Hurd, in an effort to keep him from joining rival technology giant Oracle Corp. as co-president.
Loan Officers Win Cert. In First Option FLSA Suit
Tuesday, Sep 07, 2010
Loan officers with First Option Mortgage LLC have won conditional certification in a collective action claiming the Atlanta-based mortgage lender shortchanged them on overtime pay and forced them to work off the clock.
IBM Sues Ex-VP To Recoup Sign-On Bonus
Tuesday, Sep 07, 2010
IBM Corp. is hoping a lawsuit will force a former executive to return a $350,000 sign-on bonus to which the company argues he is no longer entitled.
In-House Counsel Rank Jackson Lewis No. 1
Tuesday, Sep 07, 2010
Jackson Lewis LLP has been crowned by corporate counsel as the No. 1 firm for employment litigation work, a new report reveals.
Sales Rep Hits Astellas With Overtime Action
Tuesday, Sep 07, 2010
A drug sales representative for Astellas US LLC has accused the pharmaceutical company of illegally classifying its sales representatives as exempt from federal overtime compensation rules.
Seyfarth Labor Atty Joins McGuireWoods In LA
Tuesday, Sep 07, 2010
Former Seyfarth Shaw LLP employment attorney Michael Mandel has joined the Los Angeles office of McGuireWoods LLP as partner, becoming the firm's latest acquisition as it continues its campaign to beef up its labor practice in California.
5th Circ. Strikes Down Truckers’ FLSA Appeal
Tuesday, Sep 07, 2010
A federal appeals court has refused to revive a group of truck drivers’ putative collective action alleging the drivers were not appropriately paid overtime wages in accordance with the Fair Labor Standards Act.
Honeywell Wage Seniority Suit Preempted: Judge
Tuesday, Sep 07, 2010
Honeywell International Inc. has won its bid to ditch a suit by 19 former and current employees that accused the company of underpaying them in violation of seniority and wage structuring provisions in a collective bargaining agreement.
NY's Domestic Workers Bill Of Rights
One thing that is certain as a result of the Domestic Workers Bill of Rights is that individuals/families employing domestic workers must now be mindful of keeping accurate records concerning the terms and conditions of employment for such domestic workers, says Howard M. Wexler of Bond Schoeneck & King PLLC.
Minimizing OT Damages For Misclassified Employees
Urnikis-Negro v. American Family Property Services provides guidance for lower courts and litigants to follow when deciding the proper method of calculating damages in a misclassification case. No longer are courts and litigants faced with the choice of either applying the “fluctuating workweek” regulation or accepting the employee’s method of calculating damages, say Dennis A. Clifford and Julia Lynn Nye of Meyer White LLP.
Prospects For Labor Law Reforms In 2010 And Beyond
Some Washington insiders have speculated that a Democratic-majority lame-duck Congress could again revisit the Employee Free Choice Act and the RESPECT Act between the elections in November and the installation of the next Congress. What appears most likely, though, is that meaningful labor law reform will be tackled by the National Labor Relations Board, and tackled soon, says Wade M. Fricke of Ogletree Deakins Nash Smoak & Stewart PC.
Using Consumer Reports In Employment Decisions
In July 2009 the Equal Employment for All Act was presented to Congress in an effort to bar the use of credit checks in making employment decisions. Whatever the outcome of this bill, findings of racial disparities in credit checks could signal an influx of discrimination claims. Employers should review their policies to ensure that this information is being used for legitimate business reasons, says Michael J. Henry of Dinsmore & Shohl LLP.
What You Can Learn From A Bimbo In A Bakery
The U.S. Court of Appeals for the Third Circuit recently issued an opinion that is an excellent reminder of the keys to winning inevitable disclosure cases specifically and trade secret cases generally, say Kerry L. Bundy and Randall E. Kahnke of Faegre & Benson LLP.
Taking The Offensive To Protect Trade Secrets
Companies in the hypercompetitive entertainment industry must be ever-vigilant to protect against the risk of trade secret theft. Nondisclosure agreements, sound internal policies, proactive IT monitoring and an insurance policy that levels the playing field for plaintiffs are critical steps that can make the difference between survival and extinction, say Spencer Hamer of Michelman & Robinson LLP and Kevin Martin of Sonoma Risk Insurance Agency.
Can You Google Or Facebook Potential Jury Members?
Lawyers should avoid online interactions with members of the venire — even interactions that are ostensibly anonymous (because it is the interaction that creates the ethical problem, not whether he might get caught) — and instruct their colleagues, consultants, staff and other affiliates to do the same, say Eric A. Paine and Amanda S. Kitts of Nelson Mullins Riley & Scarborough LLP.
The Legal Market In Transition
Getting a law degree is no longer the default safety net it once may have been, even though incoming students do not yet seem to understand that. Some large firm partners have expressed the view that law firms in fact subsidize law schools, says Kate Neville of Neville Career Consulting LLC.