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Inaugural ‘Up-at-Night’ report reveals what GC worry about most

June 26th, 2017

Hacking/phishing/malware/ransomware is the area of greatest concern for general counsel when it comes to privacy and data security, according to the inaugural General Counsel Up-at-Night report published by ALM Intelligence and Morrison & Foerster. “The role of the general counsel has undeniably changed in recent years, both in terms of scope and importance within the [Read more...]

Rule 23 class certification affirmed in foundry workers’ long-running donning and doffing dispute

June 26th, 2017

By Kathleen Kapusta, J.D.
In a case the concurrence called “a mess” that “has gone on far too long,” the Seventh Circuit affirmed the decision of the court below granting Rule 23 class certification for Wisconsin opt-ins at four Waupaca foundries located within that state and partially granting the defendant’s motion to decertify the FLSA class [Read more...]

Employer attorney may have retaliated by reporting employee to ICE in effort to derail wage suit

June 26th, 2017

By Ronald Miller, J.D.
An attorney who reported an employee to Immigration and Custom Enforcement (ICE) in an effort to derail his wage suit can be held liable for retaliating against the employee under Section 215(a)(3) of the FLSA, ruled the Ninth Circuit. The fact that the attorney was never the employee’s actual employer did not [Read more...]

After Tyson, 6th Circuit reconsiders, again affirms certification of collective action and representative testimony at trial

June 23rd, 2017

By Kathleen Kapusta, J.D. and Lisa Milam-Perez, J.D.
Responding to the Supreme Court’s grant, vacate, and remand order, which had vacated the appeals court’s prior opinion and remanded for further consideration in light of Tyson Foods, Inc., v. Bouaphakeo, the Sixth Circuit found that Tyson did not compel a different resolution and Tyson’s ratification of the [Read more...]

Threatened discharge supports claim that exec’s contract rescission was signed under duress

June 23rd, 2017

By Lisa Milam-Perez, J.D.
A company executive who had to sign a “mutual rescission” terminating his 10-year employment contract and accept new at-will employment terms that stripped him of his retirement bonus, or else be fired for cause, convinced the Eighth Circuit that the rescission was the product of duress, and was voidable under Nebraska law. [Read more...]