Corporate Counsel

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Sixth Circuit Says Manufacturer's Testing for Legally Prescribed Drugs May Not be Prohibited ADA Medical Exam

Americans’ use of prescription painkillers, anti-anxiety medications and other drugs with psychotropic effects has exploded over the past decade. Many of these medications include warnings for persons who take them with...more

JOINT EMPLOYER: When is a company considered the employer of another company’s employees?

During the last several months, a number of government agencies and courts have taken the position that a company can be considered the employer of another company’s employees for purposes of employment law obligations. Most...more

Sixth Circuit Reminds Employers of Notice Requirement Under the FMLA

The United States Court of Appeals for the Sixth Circuit recently upheld a ruling that FedEx interfered with a former employee's rights under the Family and Medical Leave Act (FMLA) by failing to give her adequate notice of...more

FDCPA Violated by Letter Suggesting Consumer Can Avoid Litigation Only by Paying Debt, First Circuit Rules

The U.S. Court of Appeals for the First Circuit held that a collection letter sent by an attorney violated the Fair Debt Collection Practices Act (FDCPA) because it would lead a “hypothetical unsophisticated consumer” to...more

Health Care Provider Personally Liable for $1.1 Million Due to Improper Payroll Deductions from Foreign National Employees

The United States Court of Appeals, Sixth Circuit has found the owner of a medical clinic personally liable for a $1.1 million award for back pay and fines because H-1B visa and J-1 waiver fees were deducted from the pay of...more

Groundbreaking Hong Kong Competition Ordinance Will Take Effect Next Year

Historically, Hong Kong has lacked a legal framework for regulating mergers or otherwise deterring conduct that is harmful to competition. The country’s traditional laissez-faire landscape was substantially altered in June...more

Off-Duty Domestic Violence — What’s An Employer To Do?

Sometimes your employee is the victim. If so, you may have someone who is distracted, scared, upset, or frequently absent because of physical injury or psychological trauma, or court appearances. She (or he – men can be...more

Greetings! Use of the PowerPoint Is Trade Secret Misappropriation

Hallmark Cards, Inc. v. Monitor Clipper Partners, LLC - The U.S. Court of Appeals for the Eighth Circuit affirmed a district court’s decision holding that a private equity firm had misappropriated confidential...more

A Win for Employers: High Court of Australia Rejects the Expansion of Employment Law Rights

The High Court of Australia (High Court) has handed down a much anticipated decision in Commonwealth Bank of Australia v Barker [204] HCA32 (10 September 2014) with respect to the implied term of mutual trust and confidence...more

New Jersey Federal Court Allows “Self-Help” Counterclaims Against Potential FCA Whistleblowers To Proceed

Last week, a New Jersey federal court allowed medical device maker Boston Scientific Neuromodulation Corp. (“Boston Scientific”) to proceed with counterclaims against two of its former employees for violating their contracts...more

Medical Device Manufacturer Settles Trade Agreements Act Suit

A whistleblower alleged that the manufacturer knowingly violated the Trade Agreements Act’s country of origin requirement. Government contractors must agree that the products they sell to the U.S. government under...more

Copying Is Not the Ultimate Test for Copyright Infringement

Paycom Payroll, LLC v. Richison - Copying alone is insufficient to establish copyright infringement, according to the U. S. Court of Appeals for the Tenth Circuit. In an infringement action involving computer...more

Website Marketing Statements: The Achilles’ Heel to CDA Protection?

It’s no secret that local directory/consumer review websites are popular among consumers looking for recommendations before dining out, hiring a contractor, or even picking a dentist or day spa. Yelp reported around 138...more

Employer Rejects Employee's Fitness for Duty Certification, Faces FMLA Liability

The story is for all you hunt and peck typists out there. But its message is a lesson for all employers when it comes to returning your employee from FMLA leave....more

Despite Wal-Mart Stores v. Dukes, Ninth Circuit approves statistical sampling to prove that an “unofficial” common policy exists

There seem to be two prevailing conceptions of class actions. In one view, a class action is a way of determining many similar claims at once by evaluating common evidence that reliably establishes liability (and lays a...more

What Is a Sincere Religious Belief? The Fifth Circuit Weighs In On a Religious Discrimination Claim

In a 2-to-1 decision written by Judge Edward Prado, the Fifth Circuit Court of Appeals recently chimed in on an employee’s claim that her employer failed to accommodate a religious observance, for which “she believed strongly...more

You Don’t Own Me—Is it Employer or Employee Social Media Content?

Many employers have implemented employment contracts and policies that specifically provide that the employer owns all developments, technological or otherwise, by employees during their employment. But what happens when...more

6 Little Known Facts About H-1B Visas

It is almost October 1st, when thousands of new H-1B visas will become effective with the onset of the US government’s 2015 fiscal year. In light of this, here are six little known but important facts about H-1B visas...more

The Epidemic Continues: California Enacts Statewide Paid Sick Leave Law

On September 10, 2014, California Governor Edmund G. Brown, Jr. signed into law the Healthy Workplaces, Healthy Families Act of 2014 ("California paid sick leave act") with an effective date of January 1, 2015. With the...more

Delaware Supreme Court Rules That Privileged Documents Must Be Produced To Shareholders Investigating Corporate Misconduct

The Delaware Supreme Court recently held that, in certain circumstances, shareholders may be able to obtain access to privileged, internal documents in order to investigate potential breaches of fiduciary duty. In Wal-Mart...more

Human Rights at the Pub: The Expanding Scope of Sexual Harassment Laws

A recent decision of the Full Court of the Federal Court (Court) has significantly broadened the concept of what constitutes a 'workplace' by finding that a contractor sexually harassed an employee in various locations,...more

Wearable Technologies Are Here To Stay: Here’s How the Workplace Can Prepare

More than a decade ago, “dual use” devices (i.e., one device used for both work and personal reasons) began creeping into workplaces around the globe. Some employees insisted on bringing fancy new smart phones from home to...more

Sixth Circuit Says Misappropriation of Customer List Not Insured Under Advertising Injury Liability Coverage

The Sixth Circuit Court of Appeals recently ruled that Liberty Corporate Capital did not have to defend a firearms retailer in a lawsuit alleging that the retailer improperly obtained and used its competitor’s customer list...more

Delaware Court of Chancery Upholds North Carolina Forum Selection Bylaw for Delaware Corporation

Yesterday, in City of Providence v. First Citizens BancShares, Inc., Chancellor Andre Bouchard of the Delaware Court of Chancery held in a case of first impression that the board of a Delaware corporation may validly adopt a...more

Recent Oregon Decision: A Warning on Independent Contractor Classification

Do your “independent contractors” work from your company’s offices? Do they market their own separate businesses? Do they have the right to hire others to perform the work they perform for you? If the answer to any of these...more

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