Media Mentions
2008
Linda M. Doyle was quoted in the June 13 issue of Employment Law360 in an article regarding employers’ implementation of four-day, 10-hour-per-day workweeks in response to rising gas prices. Ms. Doyle noted that some employees may become disgruntled over a change in schedule if they have commitments that make 10-hour days more difficult. "The most significant issue is child care, where an employee has to pick up a child at 5:30 but now they would have to work until seven. Extra daycare can be very expensive," she said.
Linda M. Doyle, Labor & Employment, Trial
Jeffrey F. Webb was quoted in the April 17 issue of the National Law Journal in an article regarding the passage of a law requiring mandatory triple damages in wage and hour cases in Massachusetts. Mr. Webb commented on the surge in wage and hour cases that the state experienced before the legislation took effect and the likeliness that the new legislation will lead to even more filings. "The difference between now and 2004 is that there's been a real increase in the amount of wage and hour class actions that have been filed, and Massachusetts [now] becomes three times as interesting as it was the year before," Mr. Webb said.
Jeffrey F. Webb, Class Action, HR & Employment Litigation, Labor & Employment, Trial
Nancy G. Ross was quoted on April 9 by the Associated Press in connection with the representation she has provided for Chrysler in negotiating a restructure of retiree health benefits with the UAW. A proposed deal would require Chrysler LLC to pay $10.3 billion to a trust that would cover the company's $18 billion in retiree health care obligations. An 11-member committee would run the trust and would include six members selected by the court and five selected by the UAW. Regarding the settlement terms, Ms. Ross said, "We do believe in the light of the uncertain environment that Chrysler is operating that this settlement is the best for all parties."
Nancy G. Ross, Employee Benefits Litigation, Labor & Employment, Trial
Jeffrey F. Webb was quoted in the March 17 issue of the National Law Journal in an article regarding a spike in employment class actions that has led law firms to expand their employment litigation practices. Mr. Webb, who recently joined McDermott's Boston office, noted that companies are now sending high-stakes employment class actions to larger name-brand firms rather than smaller employment boutiques. General counsel facing federal class actions choose larger firms because they "don't want to be second-guessed by their board," Mr. Webb said.
Jeffrey F. Webb, Class Action, Employee Benefits Litigation, HR & Employment Litigation, Labor & Employment, Trial
Jeffrey F. Webb was quoted in the February 22 issue of Employment Law360 in an article regarding his recent move to McDermott Will & Emery. "The reason for my move to McDermott was the firm offered the kind of national and international platform that would be terrific for growing my practice," Mr. Webb said. Mr. Webb also noted that his previous experience serving as in-house counsel at Fox has given him valuable insight into working with a client base of in-house counsel. "If I'm talking to an in-house lawyer who has to report to a CEO or board of directors, I understand that my role is greater than just getting great results in the courtroom," he said.
Jeffrey F. Webb, Employee Benefits Litigation, HR & Employment Litigation, Labor & Employment, Trial
2007
Paul Melot de Beauregard was quoted in the Number 4 issue of Initiativbanking regarding employee involvement as part of annual salary.
Paul Melot de Beauregard, Employee Benefits & Pensions, Germany, Labor & Employment
Nancy Ross was quoted in a September 24 article published by PLANADVISER Magazine regarding potential changes to the rules of disclosure of 401(k) administrative and investment fees. Advisers will need to be proactive about providing the transparency that plan sponsors and participants will require about fees. "It is important that they take action now, because we are in uncharted waters. [The spotlight] also opens up a terrific marketing opportunity for advisers: Those who are secure for the future will be those who make their fees the most transparent. There is no pulling the wool over the eyes of plan sponsors anymore - there is no avoiding this discussion," Ms. Ross said.
Nancy G. Ross, Employee Benefits Litigation, Labor & Employment
Scott A. Faust was quoted in a September 17 article published by Business Insurance regarding a ruling by the 3rd Circuit Court of Appeals which stated that terminated employees could not keep their age discrimination claims alive against former employers by piggybacking onto existing lawsuits after they had failed to meet their own claim-filing deadlines. Mr. Faust stated that unlike the 2nd, 5th, 6th, 10th, and 11th Circuits, the 3rd Circuit panel had already ruled in a 1995 case that plaintiffs cannot invoke the single filing doctrine to piggyback onto individual lawsuits.
Scott A. Faust, Employee Benefits Litigation, HR & Employment Litigation, Labor & Employment
Nancy G. Ross was quoted in an August 27 article published by Business Insurance regarding a federal appeals court ruling that bars fiduciaries of federally regulated employee benefits plans from suing one another. Ms. Ross spoke on how this decision could complicate settlements of plan disputes. She predicted that "the 8th Circuit's ruling and others like it will have 'a deterrent effect on potential fiduciaries,' because fiduciaries now will have difficulties enforcing the indemnity provisions in trust agreements."
Nancy G. Ross, Employee Benefits Litigation, Labor & Employment
Paul Melot de Beauregard was interviewed August 6 live on NRW.TV regarding the strike of the engine drivers in Germany.
Paul Melot de Beauregard, Employee Benefits & Pensions, Germany, Labor & Employment
Linda M. Doyle was quoted in a July 16 article published by The National Law Journal regarding the use of the "Larson Test" in the Delaware Supreme Court. The case was brought by an employee in a personal injury suit against a co-worker based on injury by horseplay on the job. Ms. Doyle commented that although most states have a variation of the Larson rule, it is difficult for plaintiffs to get third party damages from other employees. "In the Grabowski decision, he got his workers' comp and now he has to show [his co-workers' actions] were outside the scope of employment," Ms. Doyle said. "That inconsistency would not work in all states."
Linda M. Doyle, HR & Employment Litigation, Labor & Employment, Trial
Paul Melot de Beauregard was quoted in the July 11 issue of the Frankfurter Allgemeine Zeitung regarding the enjoining of a strike.
Paul Melot de Beauregard, Employee Benefits & Pensions, Germany, Labor & Employment
Gudrun Germakowski was quoted in the July 9 issue of Wirtschaftswoche regarding the ongoing use of a company car after a dismissal.
Gudrun Germakowski, Employee Benefits & Pensions, Germany, Labor & Employment
Linda Doyle was quoted by The Boston Globe on January 10 in regard to the severance pay Thomas Finneran received as president of the Massachusetts Biotechnology Council. "It's not a lot for an executive generally, but it's generous for an executive leaving under these terms," commented Ms. Doyle.
Linda M. Doyle, Labor & Employment, Trial
2006
Paul Melot de Beauregard was quoted in the 29 March issue of Frankfurter Allgemeine Zeitung regarding the important decision of the Federal Labour Court about Christliche Gewerkschaft Metall (CMG) being recognised as a union.
Paul Melot de Beauregard, Employee Benefits & Pensions, Employment - Germany, Germany, Labor & Employment
Linda Doyle was quoted extensively in the February issue of CFO Magazine regarding so-called right-to-smoke laws in some states that make it illegal for employers to discriminate against smokers in employment or hiring decisions.
Linda M. Doyle, Labor & Employment, Trial
2005
Linda Doyle was quoted in the November issue of CFO magazine advising CFOs not to treat noncompete agreements lightly because all too often they are not appreciated in terms of enforceability.
Linda M. Doyle, Labor & Employment, Trial
Joseph Adams was quoted on October 5 on Forbes.com on the proposed regulations released by the U.S. Treasury Department giving companies an additional year to comply with a new law restricting many types of nonqualified deferred compensation arrangements for top executives. Mr. Adams noted that notwithstanding the one year extension, certain executives may still wish to take action before the end of 2005.
Joseph S. Adams, Employee Benefits & Pensions, Executive Compensation, Labor & Employment, Non-Qualified Deferred Compensation
Paul Hamburger was quoted in HR News Online on September 27 in an article about the Labor Department and IRS invoking an emergency provision in ERISA to suspend deadlines for employee benefits plans, participants and beneficiaries affected by Hurricane Katrina. The Labor Department did not suspend the requirement under COBRA to notify all employees and covered spouses in writing of their COBRA rights when they first become covered by a group health plan, noted Mr. Hamburger. It was irresponsible of the Labor Department to "leave a gaping hole like that" by not suspending this notice requirement as well, he said.
Paul M. Hamburger PC, Employee Benefits & Pensions, Employee Benefits Litigation, Labor & Employment
McDermott was recommended in Legal 500 European Edition 2005 for the practice area of employment: "McDermott Will & Emery Rechtsanwälte LLP showed commendable expertise in advising a European supplier on the employment aspects of post-merger integration following the acquisitions of two German companies, a varied and challenging mandate which required negotiations with trade unions and group works council on a mass redundancy program, and the establishment of a European works council."
Employee Benefits & Pensions, Employment - Germany, Labor & Employment
Joel Cohen was quoted by eFinancialNews.com on June 5 regarding non-compete clauses used by many banks to prevent high-level employees from defecting to rivals.
Joel E. Cohen, Labor & Employment, Trial
Linda Doyle was quoted in the April issue of CFO Magazine in regard to increased scrutiny of executives' compensation. Ms. Doyle commented that although executives are giving up stock options "there is a demand for more-predictable compensation," meaning more restricted stock grants, stock appreciation rights, and deferred-compensation elements rather than stock options alone.
Linda M. Doyle, Executive Compensation, Labor & Employment, Trial
Katie Clark was quoted in the February 1 issue of Personnel Today regarding the case of Lionel Leventhal Ltd. v. North and the warning going out to employers to keep a paper trail during redundancy procedures as well as considering the issue of 'bumping'. "The ruling is saying when an employer makes redundancies it should consider bumping. Employers need to ensure there is a paper trail so they are protected. The employer shouldn't just assume that a senior employee won't accept a junior position." Ms. Clark emphasizes, "That is when the unfairness arises. The message to employers is not to make any assumptions."
Katie L. Clark, Employee Benefits & Pensions, Employment - London, Labor & Employment, London
Linda Doyle was quoted in the January issue of Corporate Counsel regarding the certification one of the largest civil rights class action in history, a gender discrimination suit brought by 1.6 million current and former female Wal-Mart Stores, Inc. employees. Ms. Doyle discussed the case and said that for Wal-Mart, class certification has taken the settlement value of that case into the tens of millions of dollars. She was asked about the recent changes to the Fair Labor Standards Act (FLSA) regulations regarding exempt employees and class action FLSA litigation. She stated that, depending on the size of the company, a mistake in the exempt/non-exempt classification can cost a company several million dollars, because the statue of limitations on the FLSA cases is two or three years depending on the violation and employers are required to pay back pay to all employees improperly classified as exempt.
Linda M. Doyle, Labor & Employment, Trial
2003
McDermott Will & Emery was listed in the September 10 issue of the Broward Daily Business Review. The Firm hosted a workshop on diversity considerations and women’s issues in the general counsel’s office. A mention of this workshop was also reported in the Palm Beach Daily Business Review and the Miami Daily Business Review.
Alison Wetherfield was quoted in the March 1 issue of In Brief Monthly on when employers can snoop on their employees.
Alison Wetherfield, Employment - London, Labor & Employment, London
2002
Scott Faust was quoted in the February 1 issue of Occupational Hazards regarding the Supreme Court's recent decision on ergonomic disabilities. Mr. Faust noted the Supreme Court clarified the test for disability, which as stated in the statute must affect a major life activity.
Scott A. Faust, Labor & Employment, OSHA
2001
David Dalgarno was quoted in the November 19 issue of Financial News. Mr. Dalgarno commented on conflicting nature of the Data Protection Act and the N2 rule. The Data Protection Act gives employees the right to see employee records, and the new N2 rule appears to require banks (employers) to keep detailed and potentially defamatory records on employees. He called the situation "Catch-22." Employers are suppose to record comprehensive reports on employees' competence (and incompetence) yet show those records to the employee during and after employment.
