LexisNexis® Legal Newsroom
    BofA, Merrill Lynch Can't Shake OT Action By Adviser Trainees

    A New York federal judge on Friday refused to dismiss a suit accusing Bank of America Inc. and subsidiary Merrill Lynch & Co. Inc. of stiffing financial adviser trainees on overtime pay and agreed to conditionally certify the case as a class action.

    Ackerman Adds Labor And Employment Attys In Chicago

    Akerman LLP on Monday said that it has bolstered its labor and employment practice group in its Chicago office with the addition of two former K&L Gates LLP attorneys who have significant experience in all types of employment litigation, including class and collective actions and trade secret issues.

    A Guide To Hartford's Cumis Fee Battle With Squire Patton

    The California Supreme Court is set to decide whether insurers can seek reimbursement of defense costs directly from a policyholders' independent, or Cumis, counsel in Hartford Casualty Insurance Co.'s $13.5 million dispute with Squire Patton Boggs LLP. Here, Law360 delves into the history of the case in anticipation of the ruling.

    3 Class Actions Before The Supreme Court

    Perhaps the case potentially most consequential is Campbell-Ewald Co. v. Gomez, which raises intriguing procedural issues and would affect any class action where the defendant offers to the plaintiff full damages and any feasible fees and costs, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

    FYI, Here's How To Craft An Effective BYOD Policy

    When crafting bring-your-own-device policies, employers should retain the right to access devices for business purposes and describe employees’ responsibilities, which may include reporting lost or stolen devices within a certain time frame and refraining from using unapproved devices or installing unapproved applications, says Brandon Ge of Epstein Becker & Green PC.

    What Worries Will Wearables Give Employers?

    Aside from the confidentiality and privacy pitfalls that wearable technologies can create in the workplace, wearables may ultimately force companies to improve the technology that they are using to ensure compliance with wage and hour and other laws, says Catherine Barbieri of Fox Rothschild LLP.

    7 Keys To Improving Your Direct Examination

    Trial lawyers should approach direct examination with the same excitement as cross-examination. If you do not, the jury will notice and your case will suffer. An effective direct examination backs the lawyer out of the action and puts the witness front and center to tell the story in a conversational, comforting, interesting fashion, says James Murray of Dickstein Shapiro LLP.

    A Closer Look At Deflategate's Venue Battle

    As you can see from the separate filings made by the National Football League and the National Football League Players Association, the judicial forum where the Deflategate dispute will be decided is crucial. The NFL effectively utilized the first-to-file rule and gained a perceived early advantage at this phase of the litigation, says Gregg Clifton, co-leader of Jackson Lewis PC's collegiate and professional sports practice group.

    Lawmakers Take Another Stab At Federal Trade Secrets Law

    A bipartisan group of leaders in the U.S. Senate and House of Representatives on Wednesday introduced a bill that would clear the way for companies to bring a private right of action alleging trade secret misappropriation in federal court, a move aimed at preventing hundreds of billions of dollars in losses every year in the U.S. from the theft of corporate trade secrets.

    Chevron Not Liable In Suit Over African Pirate Attack On Ship

    A Texas federal judge on Wednesday dismissed claims against Chevron USA Inc. brought by a Texas ship captain who was kidnapped by pirates off the Nigerian coast, saying Chevron can’t be considered the captain’s employer and thus isn’t liable under the federal Jones Act.

    3 Hurdles Brady And The NFLPA Face In 'Deflategate' Lawsuit

    Tom Brady and the National Football League Players Association have taken the field to fight the four-game “Deflategate” suspension upheld by the league this week, but attorneys see several hurdles Brady and his team of attorneys must overcome in federal court in order to triumph.

    NLRB Court Wins Won't Quell Election Rule Challenges

    The National Labor Relations Board’s controversial rule in effect since April streamlining the union election process has withstood two district court challenges, but attorneys say suits over the rule’s application and the ire of a Republican legislative majority mean disputes over the rule aren't yet over.

    Judge Hits Brakes On Coke Drivers' Cert. Bid In Wage Suit

    A California federal judge on Thursday refused to certify a class of 1,455 The Coca-Cola Co. delivery drivers who alleged the beverage giant had them work during their lunch breaks, saying the plaintiff failed to back up his contention that the company knew drivers were working off the clock.

    NJ High Court To Mull COLA Funding For Public Workers

    The New Jersey Supreme Court on Thursday said it would review an appellate court's finding that vested and retired employees in the state's pension systems have a contractual right to cost-of-living adjustments, a decision challenged by Gov. Chris Christie that potentially jeopardizes a 2011 suspension of those payments.

    Texas Allows Lucchese To Arbitrate Worker Injury Claims

    Legendary cowboy-boot maker Lucchese Inc. can require former employees to arbitrate allegations they suffered on-the-job injuries under a provision in their employment agreements, a Texas appellate court held Wednesday in three related cases.

    9th Circ. Allows Quick Appeal Of Class Cert. In H-2A Row

    The Ninth Circuit said Thursday that a Washington farm will be immediately allowed to challenge class certification granted to migrant workers who claim they were purposefully not told that higher-paying H-2A visa jobs were available.

    JCPenney Must Pay Investor's $3M Fee, Texas Justices Told

    The Texas Supreme Court was urged Wednesday to refuse J.C. Penney Co. Inc.'s bid to use the lodestar method for a shareholder's attorneys' fees, because the $3.1 million was properly calculated per the settlement of the investor's executive compensation scheme claims.

    OSC Says VA Still Unwilling To Acknowledge Patient Danger

    The U.S. Office of Special Counsel blasted the Department of Veterans Affairs in a new report Tuesday that found that while corrective action was taken after scheduling improprieties were found at a Wyoming medical center, the department still refuses to acknowledge the potential harm to patients.

    Ex-Chiefs Players Want Concussion Suits In State Court

    Nearly two dozen former Kansas City Chiefs football players suing the team for concussion-related injuries sought Thursday to separate their claims from the sprawling multidistrict concussion litigation against the NFL, saying the team owes them duties under Missouri law.

    Discrimination Issues Playing On Center Court

    If I were representing women's tennis players, I would argue that exposure to Wimbledon's center court means greater exposure to marketing opportunities and that failure to give this equal opportunity is discriminatory. If I were representing the tournament, I would argue that the market speaks and that the audience for the men’s game is greater than that for the women’s, says Jeffrey Kravitz of Fox Rothschild LLP.

    Fla. Burger King Wage Suit Says Time Cards Were Doctored

    A Burger King worker on Wednesday told a Florida federal judge that the franchisee of the restaurant where he worked altered his and other employees’ time cards in order to avoid paying them overtime.

    5 Decisions That Have Sown Confusion Over Tribal Sovereignty

    As Native American tribes and businesses have increasingly run up against federal and state regulatory authorities in recent decades, federal courts have issued a number of rulings that cramp tribal sovereignty and create uncertainty about the right method of assessing its reach. Here, Law360 looks at five decisions showing the tightening scope and heightened confusion around tribal sovereignty that have accompanied the closer scrutiny on tribal activities.

    NuVasive Inks $14M FCA Deal Over Kickbacks, Off-Label Uses

    Medical device maker NuVasive Inc. will pay $13.5 million to resolve whistleblower allegations that it violated the False Claims Act by promoting off-label uses of spinal fusion products for Medicare patients and dispensing kickbacks through a supposedly independent medical society, the U.S. Department of Justice said Thursday.

    EEOC, BMW Both Denied Wins In Race Bias Row

    A South Carolina federal judge denied competing motions for summary judgment in the U.S. Equal Employment Opportunity Commission’s background check race bias suit against BMW Manufacturing Co. LLC, saying there are still issues of material fact that need to be resolved.

    Bio-Rad Says Former GC Was Fired For 'Abusive' Conduct

    Bio-Rad Laboratories Inc. told a California federal court Tuesday that its general counsel was fired because of “abusive and damaging conduct,” not because he reported his suspicion that company brass were bribing Chinese officials as alleged in the legal officer’s retaliation lawsuit.