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February 17, 2023 | Litigation Daily

A Pre-President's Day Edition of Litigator of the Week Runners-Up and Shout Outs

Our first runners-up at Mayer Brown scored a major Ninth Circuit win for the U.S. Chamber of Commerce
7 minute read
February 15, 2023 | The Recorder

9th Circuit Rules Federal Law Preempts California Ban on Mandatory Employee Arbitration

The court's majority opinion said California's arguments regarding consent in arbitration cases "misunderstand basic principles" of the state's contract law. Yet, a dissenting judge said his colleagues in the majority are the ones departing from "fundamental principles."
5 minute read
February 13, 2023 | The Legal Intelligencer

People in the News—Feb. 13, 2023—Munley, Littler

Munley Law recently announced that partner Marion Munley spoke at the Sidney T. Marable Arizona Association for Justice Annual Conference—2022.
3 minute read
February 02, 2023 | Corporate Counsel

Hair at Root of Anti-Discrimination Laws Sweeping Country

"Although getting a warning for a violation may not sound like much, most employers do not want to attract negative press for discriminating against an employee," Bradley Arant Boult Cummings said in a client briefing.
6 minute read
January 31, 2023 | Law.com

Finding Neither Recklessness Nor Bad Faith, Federal Court Denies Starbucks Attorney Fees Despite Victory Over NLRB

"In addition to finding that Petitioner's claims were not frivolous, the Court does not find other evidence of Petitioner's lack of an honesty of purpose in this case," Judge John J. Tuchi wrote. "Moreover, Petitioner did not act recklessly by unreasonably multiplying these proceedings. Finding neither recklessness nor conduct tantamount to bad faith on the part of Petitioner, the Court concludes Respondent is not entitled to attorneys' fees in this matter."
4 minute read
January 30, 2023 | Law.com

Judge: ERISA Claims to Proceed Against Late Physician's Employer Alleging Incomplete Communications With Beneficiary

"I think the case provides a good summary of the distinction between the duty of a fiduciary under an ERISA plan to provide information generally to employees and that's limited but once an employee seeks the assistance of the HR department and the HR department tells them that they're going to assist them and preserving the benefit, then the level of information that they need to provide becomes greater," said the plaintiff's attorney, Joseph P. Musacchio, of counsel for Kreindler & Kreindler in Boston.
5 minute read
January 26, 2023 | Law.com

Higher Law: FDA Routes 'New Regulatory Pathway for CBD' Through Congress

"We do not intend to pursue rulemaking allowing the use of CBD in dietary supplements or conventional foods," FDA principal deputy commissioner Janet Woodcock said Friday.
9 minute read
January 25, 2023 | Law.com

10th Circuit: Flight Attendant's Proposed Accommodations 'Weren't Plausibly Reasonable' in ADA Suit Against Frontier Airlines

"An employer can incur liability under the Americans with Disabilities Act for failing to accommodate an employee's disability," Judge Robert E. Bacharach wrote. "Under the Act, the employee must request a 'plausibly reasonable accommodation.'"
5 minute read
January 18, 2023 | Legaltech News

Legal Tech's Predictions for Remote, Hybrid & Tech-Enabled Work Arrangements in 2023

Legal industry experts weigh in on what to expect for remote, hybrid and other tech-enabled work arrangements, as well as the lingering effects of the pandemic, in the next year.
8 minute read
January 16, 2023 | New York Law Journal

New York's Courts Need a New Kind of Leader. That's Not LaSalle.

LaSalle has not shown any particular innovation in judicial administration, nor the kind of intellectual clout, that would justify his elevation to this important role at a time when New York's courts badly need a different kind of leader.
4 minute read

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