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Husch Blackwell LLP

The Supreme Court Agrees to Resolve Circuit Split on Local Official Bribery Statute

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On December 13, 2023, the Supreme Court agreed to hear the appeal of ex-Portage, Indiana Mayor James Snyder. The court’s ruling will settle a circuit split involving 18 U.S.C. § 666(a)(1)(B). The statute penalizes any state...more

White & Case LLP

How long is too long? Construing non-compete restrictions in shareholders’ agreements

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Non-compete restrictions for key stakeholders are common in shareholders' agreements. In Guest Services Worldwide v Shelmerdine, the Court of Appeal upheld a 12-month post-departure restriction, rejecting arguments that...more

Weintraub Tobin

No Privilege Extended to Communications With Public Relations Consultant

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Social media has become part of our daily lives. Information is routinely disseminated in the public sphere via Facebook, Twitter, Instagram and other social media outlets. It is therefore no surprise that we often see high...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fifth Circuit Holds Directional Drillers Are Independent Contractors

Ogletree, Deakins, Nash, Smoak & Stewart,... on

The U.S. Court of Appeals for the Fifth Circuit recently held that a group of directional driller consultants were independent contractors, not employees, in large part due to their highly specialized skills, degree of...more

Jackson Walker

New Fifth Circuit Decision Upholds Independent Contractor Status for Directional Driller Consultants Under the Fair Labor...

Jackson Walker on

Claim by Directional Drillers for Overtime Pay. The boom for domestic energy producers, particularly in the Permian Basin, has been accompanied by the companion challenge of how to compensate transient oilfield professionals...more

Bracewell LLP

Fifth Circuit Upholds Independent Contractor Status for Highly Skilled Energy Industry Consultants

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In Parrish v Premier Directional Drilling, the Fifth Circuit recently rejected a group of directional driller consultants’ claims for overtime under the Fair Labor Standards Act (“FLSA”) finding that the directional driller...more

Payne & Fears

California Court of Appeal Clarifies the Limits of the Attorney-Client Privilege for Communications with an Attorney and a Third...

Payne & Fears on

A recent decision by the California Court of Appeal in Behunin v. Superior Court, 9 Cal. App. 5th 833 (2017), is a reminder that a party’s communications with an attorney and a third party consultant must be reasonably...more

Proskauer - Employee Benefits & Executive...

Pension Consultant Found Not to be an ERISA Fiduciary

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The Tenth Circuit held that a pension plan consultant, who misstated the amount of monthly pension payments that a pension plan participant would receive in retirement, was not a fiduciary under ERISA. Plaintiffs Trent...more

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