Trying to win cases is hard enough, but one thing to think about is that a case may not end at trial. There may be an appeal. And when there is an appeal, what happened at trial will be critical.
Articles Discussing Topics Regarding The Practice Of Labor And Employment Law.
Three Key Considerations in Crafting Effective Multistate Separation Agreements
One of the main reasons for a separation agreement with an employee is to obtain an effective release of claims against the employer. However, ensuring release agreements are effective and enforceable is becoming increasingly challenging as more and more states have specific requirements and restrictions.
Supreme Court Finds SEC’s In-House Adjudicative Proceedings Violated Seventh Amendment Right to Jury Trial
On June 27, 2024, the Supreme Court of the United States held that defendants in securities fraud cases brought by the U.S. Securities and Exchange Commission (SEC) are entitled to a jury trial under the Seventh Amendment—a ruling that could call into question enforcement actions seeking civil penalties by the
Why Employment Counsel Need a Seat at the Table for All M&A Transactions
Conversations with Women: Recruiting and Retaining Women in the Current Legal Landscape
Littler Women’s Leadership Initiative co-chair Margaret Parnell Hogan, interviews fellow Littler attorney Dionysia L. Johnson-Massie, about how respecting women in the workplace helps recruit and retain crucial talent, among other IE&D efforts.
Second Circuit Further Addresses the Pleading Standard for FLSA Overtime Claims
Nearly a decade ago, the U.S. Court of Appeals for the Second Circuit issued three decisions clarifying and tightening the standard for asserting plausible overtime claims under the Fair Labor Standards Act (FLSA) in the Second Circuit. The Second Circuit further elaborated on the pleading standard for an FLSA overtime
Supreme Court Determines When the U.S. Government May Dismiss an FCA Action Over a Relator’s Objection
According to the Supreme Court, in False Claims Act “qui tam” suits, the federal government can move for dismissal of a case over the relator’s objection even outside of the “seal period.” A key factor considered for government dismissal post-seal period may include burdensome discovery, which means employers
U.S. Supreme Court Rules on Narrow Jurisdictional Question in Fractured Opinion
In a 5-4 decision, the U.S. Supreme Court has upheld Pennsylvania’s “registration statute,” which requires corporations that register to do business in Pennsylvania to consent to the “general personal jurisdiction” of Pennsylvania. Mallory v. Norfolk Southern Railway Co., No. 21-1168 (June 27, 2023).
EEOC Classwide Subpoena Based on Individual Allegations Too Broad, Federal Appeals Court Rules
Denying the Equal Employment Opportunity Commission’s (EEOC) request to enforce a subpoena that would have expanded the agency’s investigation on a classwide basis, the U.S. Court of Appeals for the Eleventh Circuit has held the EEOC did not have the authority to expand the investigation beyond the individual allegations in the charge.
Countering Unprofessional Behavior: Civility in Litigation and Navigating Difficult Opposing Counsel
What Does the Supreme Court’s Decision Not to Review the Standard for Attorney-Client Privilege Mean for Employers?
As workplace issues have become more complex, human resource professionals and managers often turn to employment lawyers for advice in sorting out matters involving the interaction between business requirements and the requirements of employment laws and regulations. When is such advice protected from disclosure under the attorney-client privilege?
U.S. Supreme Court Dismisses as ‘Improvidently Granted’ Case on Scope of Attorney-Client Privilege
In a per curiam opinion, the U.S. Supreme Court has dismissed the writ of certiorari granted in In re: Grand Jury, No. 21-1397, writing only that it was “improvidently granted.”
Supreme Court to Assess Attorney-Client Privilege When Legal and Business Advice Intertwine
The attorney-client privilege protects confidential communications between clients and their attorneys made for the purpose of obtaining or providing legal advice. In Upjohn Co. v. United States, a seminal 1981 decision addressing this topic in the corporate context, the Supreme Court of the United States noted: “[i]n light of the
U.S. Supreme Court to Decide Whether Appeal of Denial of Motion to Compel Arbitration Stays Litigation
The U.S. Supreme Court will decide whether the appeal of a denial of a motion to compel arbitration mandates that the district court stay litigation pending appeal or permits the district court to decide on a case-by-case basis whether to put the proceedings on hold in Coinbase Inc. v. Bielski, No. 22-105.
Supreme Court to Hear Case on Whether Lawsuits are Stayed During Appeal of Denial of Motion to Compel Arbitration
On December 9, 2022, the Supreme Court of the United States granted a petition for certiorari in a case raising the question of whether a non-frivolous appeal to the denial of a motion to compel arbitration strips the district court of jurisdiction of a case and therefore puts the case