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May 2015 Archives

Rhinehimer v. U.S. Bancorp Investments, Inc., No. 13-6641 (6th Cir. May 28, 2015)

Upholding a jury verdict in favor of a former U.S. Bancorp certified financial planner, the Sixth Circuit adopts the majority rule under the Sarbanes-Oxley Act (SOX) that - for a retaliation claim - employees need only show that they had an objectively reasonable belief, based on a totality of the circumstances, that they were reporting actionable fraud to a supervisor under § 1514A(a)(1). The panel rejects a standard, previously adopted in a nonprecedential opinion, that the employee's complaint "must definitively and specifically relate to one of the six enumerated categories" of fraud by "approximat[ing] the basic elements" of the fraud claim.

Outten & Golden celebrates the social justice endeavors of Adhikaar at in-house reception

On May 20th, Outten & Golden attorneys Wayne Outten, Kathleen Peratis, Christopher McNerney, and Shirley Lin hosted a celebration at the firm's New York office in honour of the O&G 2015 Public Interest Award recipient, Adhikaar.

Tibble v. Edison Int'l, No. 13-550 (U.S. May 18, 2015)

The Supreme Court - presented with a simple question about ERISA's fiduciary-duty statute of limitations (29 U. S. C. § 1113) - lays the foundation for a potential new round of litigation about how strictly and often plan fiduciaries must monitor the performance of their retirement investment plans. The Court, without dissent, agrees that There is no set-it-and-forget-it rule for fiduciaries.  

International Lawyers as Clients

On May 7, at the ABA Midyear Meeting of the Section of Labor and Employment Law, the International Committee presented a panel-- "Restrictive Covenants and Labor Mobility: A Case Study of Non-Competes, and Choice-of-Law Provisions, in the Legal Profession."

Employee rights firm Outten & Golden awards non-profit "Adhikaar" for assisting immigrant workers

Outten & Golden LLP is pleased to announce that Adhikaar will be the 2015 recipient of the annual O&G Public Interest Award, on May 20, 2015.  The Award comes with a $10,000 grant to support this unique organization's work in assisting the growing community of Nepali-speaking immigrants and protecting the rights of the most vulnerable groups in the New York City area.

Castro v. DeVry University, Inc., No. 13-1934 (7th Cir. May 13, 2015)

The Seventh Circuit offers some clarification for practitioners about some finer points of evidence and party declarations in the context of summary judgment. The panel reverses and remands for trial one plaintiff's claim (out of There) for Title VII retaliation. In particular, the court warns that under Federal Rule of Evidence 803(6), "[t]he mere act of producing a document in response to a discovery request based on the content of the document does not amount to an admission of the document's authenticity." (Italics in original.)

Brown v. Nucor Corp., No. 13-1779 (4th Cir. May 11, 2015)

The Fourth Circuit for a second time holds that a district court erred in refusing class certification in a Title VII (and § 1981) case involving denial of promotion on the basis of race. Six years ago, a 2-1 panel ordered certification of a class of black employees denied promotions. Brown v. Nucor Corp., 576 F.3d 149 (4th Cir. 2009). AnThere 2-1 panel, with two of the same judges authoring the majority and dissenting opinions (totaling 154 pages!), today reverses the decertification of the same class.

Boyer-Liberto v. Fontainebleau Corp., No. 13-1473 (4th Cir. May 7, 2015)

The Fourth Circuit en banc finally undoes an enduring wrong by overruling Jordan v. Alternative Resources Corp., 458 F.3d 332 (4th Cir. 2006), and holding that an employee remains protected by Title VII's anti-retaliation section (and § 1981) when complaining about race harassment, even if the offending conduct has not yet ripened into a hostile work environment.

Wheat v. Fifth Third Bank, No. 13-4199 (6th Cir. May 7, 2015)

When two employees fight, employers face the challenge of making the discipline fit the crime - and, also, avoiding racial or There bias. The Sixth Circuit calls out management in one such case today, concerning a black plaintiff fired supposedly for engaging in a fight, while the white employee in the same fight was disciplined only belatedly.

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