We continue to see an increase in the filing of employment-related lawsuits year over year due, in part, to the shifts in the economy, aggressive government enforcement and attractive incentives for the plaintiffs’ bar. Burdensome and vexatious class action lawsuits alleging employment discrimination and wage-hour violations remain omnipresent. In this challenging environment, employers continue to face significant potential financial exposures and disruption to business operations.
The quickest and most efficient way to resolve litigation is not always the most obvious. We collaborate with clients at the outset of a case to develop creative and aggressive strategies that result in dispositive victories on the merits, provide procedural leverage or position the case for early settlement on favorable terms.
Our deep bench of seasoned trial lawyers protects clients in high exposure “bet-the-company” disputes, class and collective-action litigation, arbitrations and alternative dispute resolution.
From complex class actions and multi-jurisdictional cases to single-plaintiff wrongful discharge or discrimination cases—and the full range of labor or employment matters in between—our attorneys work closely with our clients to develop case budgets and litigation plans to meet their needs, assist in tracking and controlling costs and work toward a winning solution.
Chicago Daily Law Bulletin | July 06, 2021
Chicago Labor & Employment counsel Frank Saibert contributed this article analyzing the D.C. Circuit Court’s ruling, which found that a manager’s commentary about an employee’s union was protected personal opinion and absent of threat.
Law360 | July 01, 2021
This article on notable wage and hour rulings from the first half of the year quotes San Francisco Labor & Employment associate Jade Butman for her outlook on rounding break time in Donohue v. AMN Services, and the impact of including consumers in the Federal Aviation Administration Authorization preemption analysis in California Trucking Association et al. v. Bonta et al.
GreenState | June 15, 2021
Rochester Labor & Employment partner Kim Harding is quoted in this article on Amazon’s announcement it will stop testing job seekers for cannabis, noting the impact of Amazon’ s decision at a national level and adding that Amazon’ s support of the MORE Act lends a great deal of credibility to the proposed legislation that would legalize marijuana at the federal level.
Courthouse News Service | June 01, 2021
The following article covers the U.S. Supreme Court’s decision to hear a case involving client H&M and allegations of fabric design copyright infringement by textile company Unicolors. Los Angeles Intellectual Property partner Staci Riordon, vice-chair of the Litigation Department and Fashion Practice leader, is quoted in the Law360 article on defending the previous Ninth Circuit ruling, which held that the trial court had erred in its ruling, and found that instead of infringement, the textile company’s copyright was invalid and the plaintiff did not use the copyright process appropriately. The NP team representing H&M also includes Intellectual Property counsel Aaron Brian and Labor & Employment senior counsel Dale Hudson, all of the Los Angeles office.
Reuters | June 01, 2021
The following article covers the U.S. Supreme Court’ s decision to hear a case involving client H&M and allegations of fabric design copyright infringement by textile company Unicolors. Los Angeles Intellectual Property partner Staci Riordon, vice-chair of the Litigation Department and Fashion Practice leader, is quoted in the Law360 article on defending the previous Ninth Circuit ruling, which held that the trial court had erred in its ruling, and found that instead of infringement, the textile company’s copyright was invalid and the plaintiff did not use the copyright process appropriately. The NP team representing H&M also includes Intellectual Property counsel Aaron Brian and Labor & Employment senior counsel Dale Hudson, all of the Los Angeles office.
Bloomberg Law | June 01, 2021
The following article covers the U.S. Supreme Court’s decision to hear a case involving client H&M and allegations of fabric design copyright infringement by textile company Unicolors. Los Angeles Intellectual Property partner Staci Riordon, vice-chair of the Litigation Department and Fashion Practice leader, is quoted in the Law360 article on defending the previous Ninth Circuit ruling, which held that the trial court had erred in its ruling, and found that instead of infringement, the textile company’s copyright was invalid and the plaintiff did not use the copyright process appropriately. The NP team representing H&M also includes Intellectual Property counsel Aaron Brian and Labor & Employment senior counsel Dale Hudson, all of the Los Angeles office.
Law360 | June 01, 2021
The following article covers the U.S. Supreme Court’s decision to hear a case involving client H&M and allegations of fabric design copyright infringement by textile company Unicolors. Los Angeles Intellectual Property partner Staci Riordon, vice-chair of the Litigation Department and Fashion Practice leader, is quoted in the Law360 article on defending the previous Ninth Circuit ruling, which held that the trial court had erred in its ruling, and found that instead of infringement, the textile company’s copyright was invalid and the plaintiff did not use the copyright process appropriately. The NP team representing H&M also includes Intellectual Property counsel Aaron Brian and Labor & Employment senior counsel Dale Hudson, all of the Los Angeles office.
Law360 | May 29, 2021
This article, on a recent Ninth Circuit ruling that an arbitration agreement between a business and its employees does not affect a U.S. Department of Labor enforcement lawsuit, quotes Los Angeles Labor & Employment associate Mae Hau on the ruling and how it could potentially impact future employment arbitration agreements.
Law360 | May 27, 2021
In this Q&A feature, Chief Talent Officer Stacie Collier, of the Labor & Employment group, discusses priorities and goals in her new role, and how she views this new role as an evolution of work that she and the firm have been doing for a long time.
Engineering News-Record | May 04, 2021
This article, covering a recent Ninth Circuit ruling that California Assembly Bill 5 applies to the trucking industry in California, quotes San Francisco Labor & Employment associate Hillary Baca on the challenges it could create for commercial trucking companies.
Law360 | March 19, 2021
This article, focused on a case of whether a California regulation requiring growers to let union organizers on their property is unconstitutional, quotes San Francisco Labor & Employment partner Bonnie Glatzer on governmental policies and ways that the court could address the issue.
Massachusetts Lawyers Weekly | March 18, 2021
This article covers a recent Massachusetts Superior Court decision in favor of client Lowell General Hospital, finding that a prospective employee could not establish either a breach of contract claim or a promissory estoppel claim. Providence counsel Jessica Jewell and associate Aaron Nadich, both of the Labor & Employment group, are quoted in the article.
Law360 | March 12, 2021
This article covers the recent Ninth Circuit judgement that affirmed a summary judgement win for Hertz in a suit involving a fired payroll worker’s allegations of age bias and defamation against the car rental company. San Francisco Labor & Employment partner Seth Neulight is mentioned for advising Hertz.
Providence Business News | March 09, 2021
This article, covering the Rhode Island Manufacturers Association’s annual conference, mentions that NP will host a workshop entitled “Making It Through Changes in Employment, Labor and Workplace Health and Safety Law.“ Providence office managing partner Andrew Prescott and San Francisco partner Rachel Conn, both of the Labor &Employment group, will present the session.
WXXI-AM (NPR affiliate) | March 08, 2021
In this radio segment discussing a remote workforce in a post-pandemic world, Rochester Labor & Employment partner Kim Harding is quoted on tax and withholding rules, among other employment laws, that employers should be aware of as employees may want to work in other states.
Rochester Business Journal | March 05, 2021
Rochester Labor & Employment partner Stephanie Caffera is quoted in this article, as part of the publication’s “Litigation“ special report, for her outlook on the relationship between employment litigation and an economic downturn, areas that could pose challenges for employers, and possible federal OSHA guidance specifically for COVID-19.
Newsday | March 01, 2021
Long Island partner Tara Daub was included in this column of notable executive news on Long Island for her promotion to Labor & Employment Practice Group Leader.
Newsday | February 25, 2021
Long Island Labor & Employment counsel David Tauster is included in this column of notable Long Island executive news for his promotion to counsel.
Rhode Island Lawyers Weekly | February 16, 2021
This article covers the First Circuit Court of Appeals’ affirmation of an earlier decision that jeweler Tiffany & Co. had not violated the Family and Medical Leave Act in eliminating a former employee’s position. The article mentions Labor & Employment partner Stacie Collier and associate Aaron Nadich, both of Providence, for successfully representing Tiffany.
The Daily Journal | January 22, 2021
San Francisco associate Jade Butman and Los Angeles associate Andrea Chavez, both of the Labor & Employment group, contributed this article on the California law classifying workers as either independent contractors or employees, and the law’s impact on the gig economy.
Law360 | January 21, 2021
Rochester Corporate partner Brian Kopp, of the Employee Benefits & Executive Compensation team, is quoted in this article on legislation introduced Thursday that aims to solve the multibillion-dollar union pension funding crisis.
Law360 | January 15, 2021
In this analysis of the California Supreme Court’s opinion that Dynamex applies retroactively, San Francisco Labor & Employment associate Hillary Baca provides commentary on potential implications for pending worker-classification cases as well as those coming down the pipeline.
Rochester Business Journal | January 15, 2021
Rochester Labor & Employment counsel Todd Shinaman is quoted in this article on the Department of Labor’s recent rule clarifying the standard for employee vs. independent contractor. Todd is quoted on the best practice for businesses to take a holistic view of employee definitions by other government agencies, such as the IRS, and to take a wait-and-see approach with the incoming administration.
Bloomberg Law | January 11, 2021
In this article on key retirement proposals that benefits advisers are watching for the new Congress, San Francisco Corporate counsel Claire Rowland, of the Employee Benefits and Executive Compensation team, is quoted for her outlook on required minimum distributions relating to the excise tax, account holders with less than $100,000 saved, and raising the participation age to 75.
Law360 | December 18, 2020
This end-of-year review quotes Los Angeles Labor & Employment associate Irene Scholl-Tatevosyan on California’s A.B. 5, noting how court cases are beginning to define parameters of the statute and what it will mean on a practical basis.
Engineering News-Record | December 10, 2020
In this article on the workplace requirements for contractors and other employers in the construction industry, San Francisco Labor & Employment associate Rachel Conn is quoted for her outlook on Cal/OSHA’s definition of “exposed workplace” and the potential overlap of notifications requirements with AB 685.
Chicago Daily Law Bulletin | December 03, 2020
Chicago Labor & Employment counsel Frank Saibert contributed this article analyzing the National Labor Relations Board’s recent request for public input whether to limit the use of Scabby the Rat and banners against secondary employers.
WHAM 1180 (Rochester) | November 05, 2020
This radio segment features Rochester Labor & Employment partner Stephen Jones for his work with client Clerio Vision, which spun off from University of Rochester’s laser and vision science research, and how he’s helped grow the biotech startup by leveraging Rochester assets.
Chicago Daily Law Bulletin | October 20, 2020
Chicago Labor & Employment counsel Frank Saibert contributed this article analyzing a National Labor Relations Board ruling to overturn a decision preventing a trade association from removing posts on its Facebook group, noting that the trade association’s registry members are not actually employees.
HR Magzine | September 28, 2020
Chicago Complex Commercial Disputes partners Rich Tilghman and John Ruskusky, and associate Henry Caldwell contributed this article, based on their recent blog post, on the rise in putative class actions in Illinois by employees against entities that employ biometric technology.
Law360 | September 24, 2020
This article on notable pandemic-related wage and hour issues quotes San Francisco Labor & Employment associate Jade Butman on whether employers would be on the hook for the time that workers spend adhering to building safety protocols.
Rochester Business Journal | September 11, 2020
Labor & Employment partner Kim Harding and Complex Commercial Disputes associate Franz Wright, both in Rochester, contributed this column on the unprecedented need for collaboration between working parents and their employers as the school year commences during COVID-19.
Law360 | September 09, 2020
Labor & Employment deputy group leader and Chicago partner Brian Alcala contributed this article on the National Labor Relations Board’s recent guidance on COVID-19-related labor law violations against employers in these uncertain times.
Daily Record | July 31, 2020
In this article on the proposed legislation to provide businesses with immunity from COVID-19 liability lawsuits, Rochester Labor & Employment partner Kim Harding is quoted for her outlook on the legislation and the importance of businesses to continually abide by state and federal laws.
WHEC-TV News 10NBC | July 22, 2020
Rochester Labor & Employment partner Kim Harding was featured in this broadcast segment on what obligations employers have to work with their employees as schools start again in September.
Daily Journal | June 03, 2020
Labor and Employment partner Bonnie Glatzer and associates Hillary Baca and Jade Butman, all in San Francisco, contributed this article on potential coronavirus-related litigation matters that California employers should be aware of, and how employers can prepare for possible lawsuits.
Law360 | June 01, 2020
Rhode Island’s high court affirmed that NP client W.B. Mason did not violate employment laws in firing a supply driver who refused a drug test. The article mentions Providence office managing partner Andrew Prescott, of the Labor & Employment group, for representing the office supply company.
Reuters Legal | June 01, 2020
The following coverage highlights recent developments in a fabric design copyright infringement dispute in which the NP team secured a unanimous decision from the U.S. Court of Appeals for the Ninth Circuit, reversing the trial court’s decision for client H&M. The NP team that advised H&M was led by Intellectual Property partner, Litigation Department vice-chair, and Fashion practice leader Staci Riordan, Intellectual Property counsel Aaron Brian and Labor & Employment senior counsel Dale Hudson, all of Los Angeles.
The Recorder | May 29, 2020
The following coverage highlights recent developments in a fabric design copyright infringement dispute in which the NP team secured a unanimous decision from the U.S. Court of Appeals for the Ninth Circuit, reversing the trial court’s decision for client H&M. The NP team that advised H&M was led by Intellectual Property partner, Litigation Department vice-chair, and Fashion practice leader Staci Riordan, Intellectual Property counsel Aaron Brian and Labor & Employment senior counsel Dale Hudson, all of Los Angeles.
Bloomberg Law | May 29, 2020
The following coverage highlights recent developments in a fabric design copyright infringement dispute in which the NP team secured a unanimous decision from the U.S. Court of Appeals for the Ninth Circuit, reversing the trial court’s decision for client H&M. The NP team that advised H&M was led by Intellectual Property partner, Litigation Department vice-chair, and Fashion practice leader Staci Riordan, Intellectual Property counsel Aaron Brian and Labor & Employment senior counsel Dale Hudson, all of Los Angeles.
Law360 | April 29, 2020
Providence office managing partner Andrew Prescott, partner Neal McNamara, and associate Aaron Nadich, all of the Labor & Employment group, are mentioned for representing restaurant management platform provider Upserve in a breach of contract case against a former executive. The judge in the case this week granted Upserve’s motion for preliminary injunction and barred the former executive from working at his new employer, an Upserve competitor.
The Boston Globe | April 29, 2020
This article, which looks at the potential flood of litigation as the economy reopens, quotes Boston co-office managing partner and Complex Commercial Disputes partner Kathleen Ceglarski Burns on the possibility of shareholder lawsuits at publicly-traded companies, even if companies have listed the coronavirus as a risk factor in their annual reports.
Rhode Island Lawyers Weekly | April 23, 2020
This article mentions Providence Labor and Employment partner Stacie Collier for successfully defending jeweler Tiffany & Co. against a former employee’s disability discrimination and FMLA retaliation claims. The judge in the case granted Tiffany’s motion for summary judgment.
Chicago Tribune | March 25, 2020
Labor and Employment deputy practice group leader Brian Alcala in Chicago talks about the advice he is giving employers whose employees feel unsafe reporting for work during the coronavirus outbreak.
Daily Messenger | March 06, 2020
Rochester Labor and Employment counsel Todd Shinaman discusses the recent increase in lawsuits against businesses whose websites are allegedly noncompliant with the Americans with Disabilities Act, and explains how companies can minimize their liability.
The Sacramento Bee | December 09, 2019
San Francisco labor and employment partner Bonnie Glatzer is quoted in this article about California’s Assembly Bill 5, a new law that redefines how companies classify employees and who qualifies to receive full employment benefits.
Chicago Daily Law Bulletin | August 28, 2019
Chicago Labor and Employment partner Frank Saibert authored this article about a National Labor Relations Board case related to a union member who was fired by her employer, Electrolux.
Los Angeles Daily Journal | July 10, 2019
Partner Ben Kim, counsel Alicia Anderson and associate Irene Scholl-Tatevosyan, all of the Labor and Employment group in Los Angeles, co-wrote this contributed article. The authors analyze the impact of a California Supreme Court ruling that drivers for Dynamex, a package delivery company, are employees rather than independent contractors.
Chicago Daily Law Bulletin | July 08, 2019
Chicago Labor & Employment partner Frank Saibert wrote this contributed article analyzing an ongoing matter before the National Labor Relations Board concerning the ability of organized labor to use large inflatable animals as part of their worksite picketing activities.
Law360 | May 30, 2019
This article mentions Long Island Labor and Employment partner Chris Gegwich and associate Tony Dulgerian for their successful representation of Northwell Health in a discrimination suit.
New York Law Journal | May 14, 2019
Long Island Complex Commercial Disputes partners Dan Gibbons and Jim Weller co-wrote this contributed article analyzing the use of restrictive covenants in physician contracts.
Rhode Island Lawyers Weekly | April 30, 2019
Partner Neal McNamara and associate Aaron Nadich, both of the Labor & Employment practice group in Providence, are mentioned for their successful representation of Honeywell in a disability discrimination suit.
WHEC-TV (Rochester) | April 02, 2019
In the following coverage, Rochester Labor & Employment counsel Todd Shinaman is quoted in this story on a burgeoning trend of lawsuits filed against businesses whose websites are not compliant with the Americans with Disabilities Act. Todd appeared at a press conference to discuss the issue.
Chicago Daily Law Bulletin | March 13, 2019
Chicago Labor & Employment partner Frank Saibert wrote this contributed article analyzing a Seventh Circuit decision that allowed a Wisconsin town to invoke its signage ban to exterminate a giant inflatable balloon rat displayed by a local labor union.
Law360 | March 12, 2019
Providence Complex Commercial Disputes partner Steve Richard and San Francisco Labor and Employment counsel Chuck Dyke are mentioned in this article for their representation of Brown University in a matter involving employee retirement savings accounts.
Law360 | February 28, 2019
Rochester Labor & Employment Counsel Marion Blankopf is mentioned in this article for her successful defense of Highland Hospital against a suit alleging violations of the Americans with Disabilities Act.
Law360 | February 20, 2019
Boston Labor & Employment counsel Matt Frankel is quoted in this article about a Massachusetts Supreme Judicial Court ruling that could make it easier for private attorneys to take on cases alleging violations of the state’s Wage Act.
Chicago Daily Law Bulletin | February 12, 2019
Chicago Complex Commercial Disputes associate Laura Bacon wrote this contributed article analyzing a recent Seventh Circuit Court of Appeals ruling, which affirmed a lower court’s decision to dismiss with prejudice an employment discrimination suit in which the plaintiffs repeatedly failed to amend flaws in their filings.
Chicago Daily Law Bulletin | January 15, 2019
Chicago labor and employment partner Frank Saibert authored this column about a labor dispute related to Ameren Illinois Co.’s decision to fire an employee for violating the company’s workplace violence policy when a firearm was found in the employee’s vehicle.
Chicago Daily Law Bulletin | November 28, 2018
Chicago Complex Commercial Disputes associate Laura Bacon wrote this contributed article analyzing a 7th Circuit Court of Appeals decision to reverse a summary judgment finding in the matter of a woman who claims she was fired from her company under false pretenses after reporting the sexual harassment of a colleague.
Law360 | November 14, 2018
Chicago Complex Commercial Disputes associate Laura Bacon and Labor & Employment associate Brittany Bogaerts, co-wrote this contributed article analyzing a Seventh Circuit ruling that held Costco responsible for a hostile work environment created by a customer harassing an employee.
HR Dive | November 04, 2018
Washington DC partner Alycia Ziarno and associate Brian Whittaker, and Boston counsel Ricardo Rauseo-Ricupero, all of the Complex Commercial Disputes practice group, are quoted in this article about their recent webinar detailing key considerations and best practices regarding “no-poach” agreements.
Law360 | November 04, 2018
San Francisco Labor & Employment partners Bob Dolinko and Seth Neulight and Los Angeles Labor & Employment associate Irene Scholl-Tatevosyan are mentioned in this article for their representation of Hertz in a matter regarding employees wage and rest break.
Corporate Counsel | October 26, 2018
Washington DC Complex Commercial Disputes partner Alycia Ziarno is quoted in this article on the Department of Justice’s evolving position on no-poach agreements, in which companies agree not to recruit each other’s employees.
The Daily Record | October 17, 2018
Rochester Labor & Employment associate Kim Harding is quoted extensively in this article about New York state’s new rules to curb workplace sexual harassment and how employers are taking a more proactive approach.
Chicago Daily Law Bulletin | October 10, 2018
Chicago Labor & Employment partner Frank Saibert wrote this contributed article analyzing a lawsuit filed by an Indiana University professor who blamed racial discrimination for the university’s decision to deny him tenure.
Long Island Business News | October 04, 2018
Long Island Labor & Employment associate Tony Dulgerian is quoted in this story about how employers can respond to the current national dialogue by having conversations with employees about workplace harassment.
Bloomberg BayState Business | September 25, 2018
Labor & Employment partner Jeff Gilbreth and Complex Commercial Disputes partner Matt McLaughlin, both of the Boston office, joined Bloomberg Radio to discuss the new Massachusetts law restricting the use of noncompete clauses by businesses.
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