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June 05, 2024 | The Legal Intelligencer

Second Jury Trial Ordered in Uber Drivers' Dispute Over Independent Contractor Status

"The court issued a very interesting and thoughtful decision. While we respectfully disagree with the conclusion, we look forward to next week's trial—as well as the likely appeal that we anticipate will come next, whatever the outcome next week," said plaintiff's counsel Shannon Liss-Riordan of the Boston firm Lichten & Liss-Riordan.
4 minute read
May 30, 2024 | Law.com

Challenges to Regulators Mount as the U.S. Supreme Court Mulls Chevron Deference

The 40-year-old doctrine of judges deferring to federal agencies appears headed toward demise, an apparent fate that has spurred a rash of challenges to regulations by plaintiffs increasingly confident of victory.
8 minute read
Dycom Indus. Inc. v. Pension, Hosp'n & Benefits Plan of the Elec. Indus.
Publication Date: 2024-05-17
Practice Area: Dispute Resolution | Employment Compliance | Labor Law
Industry:
Court: U.S. Court of Appeals for the Second Circuit
Judge: Per Curiam
Attorneys:
For plaintiff: For Plaintiff-Appellant: Lawrence Levien, on the brief, Eric Field, Littler Mendelson, P.C., Washington, District of Columbia.
For defendant: For Defendant-Appellee: Charles R. Virginia III, on the brief, James Emmet Murphy, Virginia & Ambinder, LLP, New York, New York.
Case number: 23-647-cv

Cable Installation Work Is Not in the 'Building and Construction Industry' Under ERISA

May 14, 2024 | Corporate Counsel

'Walk a Fine Line': Managing Hyperpolarized Environment Zooms Up Employers' List of Worries

"It is important to allow employees the time and space to share their stories and perceptions in both formal and informal ways," the DEI consultant Seramount says in a new report.
4 minute read
May 10, 2024 | Law.com

Inside Track: Once-Overlooked Labor Watchdog Has Put Employers in Tizzy

The NLRB "has been pursuing an agenda to reshape U.S. labor law and overturn decades of well-established NLRB precedent," Littler Mendelson shareholder Michael Lotito said.
4 minute read
Law Journal Press | Digital Book New York Employment Law 2023 Authors: Daniel A. Cohen, Joshua Feinstein View this Book

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May 08, 2024 | Corporate Counsel

More Workers Seek Mental Health Accommodations, Creating Vexing Legal, HR Decisions for Firms

"People are more willing to step up and say, 'I'm a person who has this and this, and this is what it means to me,'" said Devjani Mishra, a Littler Mendelson shareholder.
6 minute read
April 26, 2024 | The American Lawyer

FTC's Noncompete Ban Could Encourage Mobility Among Legal Recruiters

Headhunting firms have used covenants to prevent their employees from leaving. Now these firms could become more vulnerable to poaching.
5 minute read
April 22, 2024 | The American Lawyer

A Safe Bet? Lateral Hiring and Gambling on a Firm's Future

Lateral hiring is risky business. The Global Lawyer asks, is the gamble worth it?
8 minute read
Dycom Indus. Inc. v. Pension, Hospitalization & Benefit Plan of the Elec. Indus.
Publication Date: 2024-04-22
Practice Area: Employment Litigation
Industry:
Court: U.S. Court of Appeals for the Second Circuit
Judge: Per Curiam Per Curiam
Attorneys:
For plaintiff: For Plaintiff‐Appellant: Lawrence Levien, on the brief, Eric Field, Littler Mendelson, P.C., Washington, District of Columbia.
For defendant: For Defendant‐Appellee: Charles R. Virginia III, on the brief, James Emmet Murphy, Virginia & Ambinder, LLP, New York, New York.
Case number: 23-647-cv

Panel Affirms Confirmation of Arbitration Award That Assessed Withdrawal Liability

Gordian Med., Inc. v. Vaughn
Publication Date: 2024-04-15
Practice Area: Contractual Disputes
Industry: Health Care
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys:
For plaintiff: Andrew L. Cole, Stacy L. Newman, Jack M. Dougherty, Cole Schotz P.C., Wilmington, DE; Ryan J. Morley, John W. Hofstetter, Littler Mendelson, P.C., Cleveland, OH for plaintiffs.
For defendant: Daniel C. Herr, Law Office of Daniel C. Herr, LLC, Wilmington, DE; David E. Rothstein, Rothstein Law Firm, PA, Greenville, SC for defendant.
Case number: 22-319 (MN)

Although court found most of former employee's restrictive covenants enforceable as reasonably tailored to protect employer's legitimate economic interests, it granted employee judgment where former employer failed to present evidence at trial proving that employee breached any enforceable covenant.

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