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Wage-and-Hour

Our representation includes all phases of class litigation, from initial filing to class certification and subsequent litigation through settlement and claims proceedings. Our employment litigators have a proven track record of obtaining dismissal of purported class claims on the pleadings and defeating class certification. In addition to our successful representation of class actions, we have a strong reputation of representing clients with DLSE, EDD and DOL proceedings Audits and enforcement actions Single plaintiff cases Meal and rest break issues Off-the-clock ...

Uber Rolls Along, Despite Driver Challenges to its Arbitration Agreement

by Daniel J. Corbett, Kathryn G. Mantoan and Trish Higgins | 02.15.17

Companies operating in the “on-demand” or “gig economy” have enjoyed tremendous success in recent years, as emerging technologies and shifts in consumer tastes have buoyed their growth. These companies span a cross-section of industries (transportation, food delivery, lodging) but have one thing in common: each aims to deliver traditional services more efficiently by connecting consumers directly with service providers.But as we all know by now, success often begets legal challenges. Take Uber, for example.  The company has faced a thicket of litigation in recent years, most notably related ...

Welfare Plans

We have witnessed the enactment of the preexisting condition, nondiscrimination, and the privacy rules under HIPAA, to name just a few. Additionally, employers and their plans have become subject to the Newborns' and Mothers' Health Protection Act, the Mental Health Parity Act, and the Women's Health and Cancer Rights Act. Other laws that have applied to employer welfare plans for some time, such as the continuation coverage rules of COBRA and the rules applying to cafeteria and flex plans, have undergone dramatic changes in just the last year or two. As if this were not enough, employers ...

Whistleblower & Corporate Investigations

We’ve worked on precedent-setting cases, including Livingston v. Wyeth, one of the leading cases to date that address what constitutes "protected activity" under the Sarbanes-Oxley Act. And we helped Broadcom secure a complete dismissal of a Dodd-Frank whistleblower claim brought by an in-house attorney in Davies v. Broadcom. Along the way, we’ve played an integral role in the development of whistleblower law. We authored the leading treatise on Whistleblower defense, Corporate Whistleblowing in the Sarbanes-Oxley/Dodd-Frank Era. Our clients include multinational employers across a wide range ...

Whistle While You Work?: First Court To Rule On DTSA’s Whistleblower Immunity Provision Treats It As An Affirmative Defense

by Warrington Parker and Michael Disotell | 01.27.17

The Defend Trade Secret Act (“DTSA”) contains a whistleblower immunity provision which could have a significant impact on employers. Until last month, however, no court had interpreted this provision which provides that no one “shall be held criminally or civilly liable under Federal or State trade secret law for the disclosure of a trade secret” made in confidence to a government official or an attorney and “solely for the purpose of reporting or investigating a suspected violation of law.” 18 U.S.C. § 1833(b).  Now, the U.S. District Court for the District of Massachusetts has.  In ...

Upping the Ante for Casinos and Cardrooms

by Jonathan Lopez and Daniel Streim | 01.30.17

The Financial Crimes Enforcement Network (FinCEN) — a bureau within the U.S. Department of Treasury tasked with safeguarding the financial system from illicit use and combating money laundering — has recently fired multiple shots across the bow of the gaming industry, signaling increased attention to casino and cardroom compliance with the anti-money laundering (AML) provisions of the federal Bank Secrecy Act (BSA). In 2016, three of FinCEN's six enforcement actions were brought against companies in the gaming industry. In 2015, four of 12 enforcement actions were against such companies. In ...

White Collar Criminal Defense

The counseling engagements and representations of our White Collar Defense practice run the gamut, from compliance matters to client-initiated investigations, to state and federal investigations, to trial and appeal.  And, because cases now often involve parallel criminal and civil proceedings, complex e-discovery and data privacy issues, as well as international coordination among countries and their law enforcement agencies, our White Collar Defense practice includes lawyers who possess both criminal and civil experience to provide counseling and advice in all matters touching on government ...

Water and Wastewater

Since 1985, members of our Water and Wastewater Financing Group have participated in over 800 tax-exempt financings aggregating nearly $80 billion dollars. We participate in financings for a broad range of purposes such as:   Storage facilities Treatment and pre-treatment facilities Collection and distribution facilities Desalination facilities System expansion and maintenance Rate relief and debt service savings    We particularly enjoy working with clients on long term capital programs and cutting edge financing structures and the development of new credits. ...