The EEOC’s age discrimination case against Sidley Austin asks: Are mandatory retirement guidelines in a law firm’s partnership illegal? Firms are saying age isn’t a factor, despite a recent study that shows more than half of large law firms have a mandatory retirement age. “Law firms, by and large, have been mostly unaccountable,” says employment lawyer Lynne Bernabei. “[The Sidley case is] the beginning of law firms having to make sure their employment practices comply with anti-discriminatory laws.”
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Posted on Tuesday, March 13th, 2007. Filed under: Employment, Law Misc
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Reconstituted business was alter ego of predecessor company even where new and old operations had merely slight overlap in business purposes, as businesses were substantially similar in customers, managers, equipment, and location of facility; thus, reconstituted business was bound by predecessor’s collective bargaining agreements.
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Posted on Tuesday, March 13th, 2007. Filed under: Employment, Law Misc
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A former KeySpan spokesman who says he was fired in retaliation for bringing allegations of accounting errors involving millions of dollars to the attention of other executives at the company will proceed with a lawsuit in federal court. Finding that a reasonable jury could conclude that the nation’s fifth largest natural gas distributor terminated the employee in violation of protections afforded to whistleblowers by the Sarbanes Oxley Act, a New York judge denied KeySpan’s request for summary judgment.
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Posted on Tuesday, March 13th, 2007. Filed under: Employment, Law Misc
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Some employers say they’ll have an even tougher time holding jobs open for military reservists and National Guard members now that the Pentagon ended a two-year limit on the cumulative amount of time a citizen-soldier could be deployed to Iraq or Afghanistan. A 1994 federal law prohibits employers from discriminating against workers called to active duty. Complaints about illegally lost jobs, pay or benefits can go to mediation or the Labor Department, which forwards the most serious cases to the DOJ.
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Posted on Tuesday, March 13th, 2007. Filed under: Employment, Law Misc
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Congressional Democrats on Monday singled out presidential adviser Karl Rove for questioning about the firings of eight federal prosecutors and whether the dismissals were politically motivated. The demands to question Rove signaled anew Democrats’ shifting focus beyond the DOJ and toward the White House. Rove emerged as the Democrats’ newest target after weekend news reports said the New Mexico Republican Party’s chairman urged Rove to fire David Iglesias, then the state’s U.S. Attorney.
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Posted on Tuesday, March 13th, 2007. Filed under: Employment, Law Misc
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Five at-will investment-managers who were fired by The Dreyfus Corp. may pursue a fraudulent-inducement claim against the mutual fund giant, a New York appellate panel has ruled. By a 4-1 margin, the panel agreed that the plaintiffs’ allegation that their managers purposefully misled them about an upcoming merger constituted a prima facie claim of fraudulent inducement, notwithstanding their status as at-will employees.
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Posted on Tuesday, March 13th, 2007. Filed under: Employment, Law Misc
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To establish prejudice due to typographical error in ERISA disability benefits summary plan description, worker had to show detrimental reliance on terms of deficient SPD (rejecting “likely harm” standard that seemingly applied based on former case authority).
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Posted on Saturday, March 10th, 2007. Filed under: Employment, Law Misc
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In whistleblower suit that alleged entertainment of state transportation personnel by contractor, district court appropriately balanced issues of public importance and actions of public officials versus state employees’ privacy interests by lifting discovery confidentiality order only as to names of public employees whose attendance at entertainment was confirmed.
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Posted on Saturday, March 10th, 2007. Filed under: Employment, Law Misc
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Here’s a litigation head-scratcher: Does a prevailing plaintiff ever have a right to contest the legal fees incurred by the defense? That’s the unusual question pending before a Texas court. A prevailing plaintiff is suing law firm Thompson, Coe, Cousins & Irons, which represented the defendant in the underlying insurance claim dispute, alleging the firm charged too much to defend its client, thus reducing the plaintiff’s recovery due to an eroding-limits provision in the defendant’s insurance policy.
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Posted on Saturday, March 10th, 2007. Filed under: Employment, Law Misc
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Getty Images is the subject of two shareholder lawsuits related to past stock-options grant practices, the stock photo company said in a regulatory filing Friday. Getty Images said two individuals claiming to be shareholders have sued current and former executives and board members. One suit was filed in Washington state court; the other, a federal suit, was filed in U.S. District Court for the Western District of Washington. Both suits allege individuals benefited from backdating stock options.
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Posted on Saturday, March 10th, 2007. Filed under: Employment, Law Misc
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