Category Archives: Other

Subscribe to Other RSS Feed

E.D.N.Y. Judge Reverses Course: Rule 41 Stipulation of Voluntary Dismissal in FLSA Action Does Not Require Court Approval

On February 22, 2013, U.S. District Judge Brian Cogan reversed his prior decision that required a plaintiff to seek court approval of a settlement before her action under the Fair Labor Standards Act (“FLSA”) could be voluntarily dismissed. In Picerni v. Bilingual SEIT & Preschool, Inc., No. 12 Civ. 4938 (BMC) (E.D.N.Y. Feb. 22, 2013), … Continue Reading

Who Owns Your Online Persona?

By Paul Cowie and Wayne Chang This article was originally published by The Recorder. Eagle v. Morgan, 2013-11-4303 (E.D. Pa. 2013), represents one of the first trials on the issue of who owns social media accounts: the individual employee who first created the account or the employer whose business was promoted using the account? In … Continue Reading

Class Action Waivers Are Enforceable Despite Any State Statutory Right To A Class Action

By Travis Anderson and Shannon Petersen In Flores v. West Covina Auto Group, — Cal.Rptr.3d —, 2013 WL 139200 (Cal.App. 2 Dist. Jan. 11, 2013), the California Court of Appeal extended the U.S. Supreme Court’s landmark decision in AT&T Mobility, Inc. v. Concepcion, 131 S. Ct. 1740 (2011) by holding that the Federal Arbitration Act … Continue Reading

California Supreme Court Clarifies and Strengthens Work Product Protections for Attorney-Procured Witness Declarations

By Thomas Kaufman and Robert Mussig On June 25, 2012, in Coito v. Superior Court, S181712, the California Supreme Court held that witness statements procured by an attorney, either directly or through an agent, are entitled at least to qualified work product protection, and in some cases absolute work product protection. At the outset, understanding … Continue Reading

Labor & Employment Law: 2011 Year In Review

2011 has brought numerous developments in the areas of labor and employment legislation, enforcement activity, court decisions and workplace issues for employers to consider. Please join our experienced attorneys for an informative and lively discussion on a variety of timely topics including the following.… Continue Reading

Updated Effective Date: NLRB Requires Employers to Post Unionization Rights Notice

As an UPDATE to an earlier article, please take notice that, on October 5, 2011, the National Labor Relations Board (“NLRB” or “Board”) announced that it would delay the effective date of its August 25 final rule that will require employers to post an NLRB-issued notice detailing employees’ unionization rights under the National Labor Relations … Continue Reading

Breakfast With Your Labor Lawyer – Fall 2011 Seminar Series

Join our Sheppard Mullin attorneys as they discuss recent important developments in labor and employment law at both the state and federal level. We will explain how these new developments will affect the day-to-day decisions made by business owners, in-house counsel and human resource professionals. We will also discuss the current trends in employment litigation … Continue Reading

Another California Court of Appeal Finds California’s Special Protections for Labor Picketing to be Unconstitutional

On January 27, 2011, another California Court of Appeal held in Ralph’s Grocery Co. v. United Food and Commercial Workers Union Local 8 that the Moscone Act and Labor Code section 1138.1, both of which give special protections to union picketing, are unconstitutional because they violate constitutional free speech protections. This is the second Court … Continue Reading

Labor & Employment Law Update & Happy Hour – Spring 2011

Join our Sheppard Mullin attorneys as they discuss recent developments in labor and employment law at both the state and federal level. We will explain how these new developments will affect the day-to-day decisions made by in-house counsel and human resource professionals. We will also discuss the current trends in employment litigation, and how employers … Continue Reading

California Court of Appeal Allows Lawsuit Against An Employer For Allegedly Failing To Provide An Employee With “Suitable” Seating

In the recently published Bright v. 99¢ Only Stores, the California Court of Appeal held that an employee could sue her employer, 99¢ Only Stores, for failure to provide “suitable” seating during her employment. Plaintiff Eugina Bright (“Bright”) was employed as a cashier by 99¢ Only Stores. She alleged that she was not provided with … Continue Reading

Silicon Valley Firms Settle DOJ Hiring Practices Charges, But Are No-Solicitation Agreements Per Se Illegal?

Ending an investigation launched more than a year ago, on September 24, 2010, the Antitrust Division of the Department of Justice entered into an agreement with Google Inc., Apple Inc., Intel Corp., Adobe Systems Inc., Intuit Inc. and Pixar Animation settling charges that the companies’ bilateral agreements prohibiting cold-calling of their employees violated Section 1 … Continue Reading

Labor & Employment Law Update – New York

Labor & Employment Law Update: 2010 Year in Review November 10, 2010 3:45 p.m. – 6:30 p.m. W New York 541 Lexington Avenue, New York, NY 10022 2010 has brought numerous developments in the areas of labor and employment legislation, enforcement activity, court decisions and workplace issues for employers to consider.… Continue Reading

Labor & Employment Law Update & Happy Hour – Fall 2010

Our New, Improved, and FREE Breakfast With Your Labor Lawyer (in the Evening!) 2010 has brought numerous developments in labor and employment involving legislation, enforcement activity, and court decisions. Please join our experienced attorneys for an informative and lively discussion regarding recent activity & developments in labor & employment law.… Continue Reading

Sixth Circuit Skirts Jurisdictional Issue in Denying Reinstatement to Alleged SOX Whistleblower

In Solis v. Tennessee Commerce Bancorp, Inc., a three-judge panel of the Sixth Circuit recently reversed a lower court’s decision to enforce a preliminary order by the Department of Labor (“DOL” or “Department”) to reinstate an alleged whistleblower under the Sarbanes-Oxley Act of 2002 (“SOX”). The court avoided determining whether it had authority under SOX … Continue Reading

Dukes v. Wal-Mart – Orange County

Dukes v. Wal-Mart: Should I Be Doing Something to Help My Company Avoid Becoming the Next Class Action Discrimination Target? July 13, 2010 12:00 p.m. – 1:30 p.m. – Program & Lunch Sheppard, Mullin, Richter & Hampton LLP 650 Town Center Drive, Fourth Floor Costa Mesa, CA 92626 Please join our experienced panel for an … Continue Reading

Recent Court Ruling Exposes Mutual Funds to Whistleblower Suits

Mutual fund companies have traditionally argued that they are exempt from the whistleblower protections of the Sarbanes-Oxley Act (“SOX”) because the funds themselves do not have any employees. Massachusetts District Court Judge Douglas P. Woodlock soundly rejected that argument in a ruling issued March 31 and, in so doing, may have opened the door to … Continue Reading
LexBlog

By scrolling this page, clicking a link or continuing to browse our website, you consent to our use of cookies as described in our Cookie and Advertising Policy. If you do not wish to accept cookies from our website, or would like to stop cookies being stored on your device in the future, you can find out more and adjust your preferences here.

Agree