Employment
As Noncompete Agreement Use Expands, Backlash Grows
Article
Noncompete agreements are becoming boilerplate in employment contracts, and for employees, there’s nothing good about them, writes Patrick Thibodeau in ComputerWorld.
Bankruptcy Law ‘Trumps’ the National Labor Relations Act in Casino Reorganization Case
Article
The Third U.S. Court of Appeals recently ruled that federal bankruptcy courts may extinguish a Chapter 11 employer’s obligations under an expired collective bargaining agreement pursuant to Section 1113 of the Bankruptcy Code where such relief is necessary to permit reorganization.
Jury Orders Wal-Mart to Pay Pharmacist $31.22 Million in Bias Case
NEWS
A federal jury in New Hampshire ordered Wal-Mart Stores Inc. to pay $31.22 million to a pharmacist who claimed she was fired because of her gender and in retaliation for complaining about safety conditions.
Assessing Your New Compliance Program for Combating Trafficking in Federal Contracts
Article
As contractors begin to make their first certifications to comply with the new federal regulations on human trafficking, they should consider several factors.
H-1B Visa – 2016 Filing Season
Article
Starting April 1, 2016, the U.S. Citizenship and Immigration Services will begin accepting H-1B visa petition filings – subject to the annual cap – for the next fiscal year.
Corporate Divorce Series: Do Fraudulent Credentials Annul Employment Contracts?
Article
The key to having a court grant an annulment and permitting the employer to avoid any contractual promises made to the employee based on the fabricated credentials is that the criteria at issue be material to the employer.
Major Contract Settlements & Negotiations – December 2015
Article
Winston & Strawn has compiled a list of more than 20 major news developments involving contract settlements and ongoing contract negotiation during the final month of 2015.
Judge Voids Ex-Columnist’s $7.1-Million Jury Award Against L.A. Times
NEWS
Former sports columnist claimed that the newspaper discriminated against him because of his age and a disability.
Be Careful When You Decide to Breach a Contract
Article
A recent case from the Massachusetts Superior Court presents a stark reminder that whether conduct is viewed as a “mere breach” or part of a deceptive or unfair course of conduct can be in the eye of the beholder
Non-Disclosure Agreement Enforceable Although Unlimited in Time and Area
Article
A nondisclosure covenant that prohibits the use or disclosure of narrowly tailored and carefully defined “confidential information” may be enforceable.
Transforming Handbooks into Contracts in Langenkamp v. Olson
Article
Injudicious handling of employee handbooks can have the unhappily transformative effect of converting an employer’s guidelines into binding contractual language.
Two Recent Arbitration Cases Address Impact of Underlying Contract Provisions
Article
The trends of delegating arbitrability questions to the arbitrator, and precluding parties from contractually modifying appellate rights, are here to stay.
Cardoni v. Prosperity Bank: Useful Contracts Law Teaching Case
Article
A Houston attorney discusses a useful teaching case for people drafting merger-and-acquisition agreements, and related employment agreements.
Third Circuit Derails ‘Executive Fast Track’ Case
Article
A ruling in a Third U.S. Court of Appeals case, Steudtner v. Duane Reade, Inc., shows that contracts that aren’t in writing can be much harder to enforce, writes Jason M. Knott of Zuckerman Spaeder.
Extension Of Legal Protections In Employee Contractual Settings
White Paper
The 8th U.S. Circuit Court of Appeals ruling could create an air of uncertainty for any healthcare business with employment contractual situations.
AZA Scores Defense Win for National Oilwell Varco in $120 Million Discrimination Suit
NEWS
AZA offered evidence that showed there were several non-discriminatory reasons some of the workers did not receive promotions.
Houston Federal Jury Clears National Oilwell Varco in Employment Lawsuit
NEWS
A Houston federal jury this week returned a verdict in favor of National Oilwell Varco, L.P., (NYSE: NOV), finding no wrongdoing in an employment discrimination lawsuit filed by eight African-Americans who sought $120 million in damages.
Physician Contract Checklist
White Paper
An article on Holland & Hart’s Health Law Blog provides a 40-point checklist that can be used when preparing or reviewing contracts involving the work of physicians.
Legal Developments on Same – Sex Marriage, Transgender Rights, and Pregnancy Discrimination
EVENT, Sept. 17, 3 p.m. EDT
The intended audience is in-house counsel, human resource professionals, and corporate executives and business owners.
Employment Agreement Breach: Failure to Assign Can’t be Fixed Because of Statute of Limitations
NEWS
A federal appellate court has denied Google’s breach of contract claim relating to assignment of the invention of an employee of another company, reports Dennis Crouch in the patent law blog Patentlyo.
