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Home > Federal Law Articles > Lawyering

Articles Discussing The Work Of Practicing Labor And Employment Law.

Why Employment Counsel Need a Seat at the Table for All M&A Transactions

Posted: June 11, 2024 | Maynard Nexsen PC Category: Lawyering - General

Conversations with Women: Recruiting and Retaining Women in the Current Legal Landscape

Posted: March 31, 2024 | Littler Category: Lawyering - General

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.
  

Deleting Relevant Text Messages Can Cost You

Posted: March 10, 2024 | CDF Labor Law LLP Category: Lawyering - Evidence (Lawyering)

By: Deleting Relevant Text Messages Can Cost You

Earlier this week, the Ninth Circuit in Jones v. Riot Hospitality Group, 2024 WL 927669 (9th Cir. Mar. 5, 2024) affirmed the dismissal of an employee’s claims against her employer and found that terminating sanctions were appropriate where the employee deleted relevant

Second Circuit Further Addresses the Pleading Standard for FLSA Overtime Claims

Posted: November 1, 2023 | Littler Category: Lawyering - General

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

Posted: July 12, 2023 | Littler Category: Lawyering - General

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

Posted: July 7, 2023 | Jackson Lewis Category: Lawyering - General

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

Posted: May 18, 2023 | Jackson Lewis Category: Lawyering - General

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

Posted: May 5, 2023 | Maynard Nexsen PC Category: Lawyering - General

What Does the Supreme Court’s Decision Not to Review the Standard for Attorney-Client Privilege Mean for Employers?

Posted: February 22, 2023 | Littler Category: Lawyering - General

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

Posted: January 24, 2023 | Jackson Lewis Category: Lawyering - General

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

Posted: January 4, 2023 | Ogletree Deakins Category: Lawyering - General

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

Posted: December 15, 2022 | Jackson Lewis Category: Lawyering - General

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

Posted: December 15, 2022 | Ogletree Deakins Category: Lawyering - General

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

U.S. Supreme Court Hears Oral Argument on Where Businesses Can Be Sued

Posted: November 21, 2022 | Jackson Lewis Category: Lawyering - General

The constitutionality of Pennsylvania’s “registration statute,” which requires corporations that register to do business in Pennsylvania consent to the “general personal jurisdiction” of Pennsylvania, was the subject of oral argument in the U.S. Supreme Court on November 8, 2022.

Pro Bono Week Podcast – Pet Rescue

Posted: October 27, 2022 | Littler Category: Lawyering - General

Mike Dissinger and Jenny Schwendemann tell the story of how Mike’s love of dogs led him to start working with a pet rescue organization in Las Vegas (as well as taking home a new pup in the process).

Littler attorneys provide pro bono services in a variety of areas,

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