Media Mentions
2008
Jeffrey F. Webb was quoted in the June 27 issue of Employment Law360 in an article regarding the U.S. Supreme Court's rulings in employment cases during its latest term. Mr. Webb noted that the ruling in Kentucky Retirement System v. EEOC, in which the court held that a retirement plan that uses age as a factor in determining benefits does not necessarily violate the ADEA, was a surprise because three of the court's more liberal justices joined two of the court's more conservative justices in the majority. "That case is an exception. I tried to make some sense of the way the justices split in the case and can't find anything to explain it," he said. Mr. Webb also noted that the court's recent pro-employee decisions are likely not reactions to criticism the court received for its pro-employer decisions issued during the previous term. "I don't think justices are so easily swayed by the reactions to their decisions."
Jeffrey F. Webb, Appellate, Employee Benefits Litigation, HR & Employment Litigation, 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
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
Phyllis Kupferstein was quoted in the February 28 issue of California Executive in an article discussing a bill to amend sections 511 and 515 of the Labor Code. The bill would ease restrictions on employers who want to accommodate employees' requests for a 10-hour workday within a 40-hour workweek without being subject to overtime. The regulatory requirements that are currently in place to allow employers to provide a 10-hour workday are complex and are not worth the effort according to many employers. "Even in good faith, failure to follow the procedures opens employers up to costly overtime lawsuits," Ms. Kupferstein stated.
Phyllis Kupferstein, HR & Employment Litigation
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
Phyllis Kupferstein was quoted in the January 2008 issue of Workforce Management Online in an article regarding health issues in the hiring process. "Recruiters should be wary of any situation where a candidate provides health information in case there is a later charge that the information colored the offer decision," Ms. Kupferstein said. She notes that when faced with coverage questions without full information during the hiring process, "Recruiters should be very general in any discussion of the health plan and defer any questions to the post-offer phase."
Phyllis Kupferstein, Employee Benefits & Pensions, Health Care Litigation, HR & Employment Litigation
2007
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
Phyllis Kupferstein was quoted in the August 2007 issue of Diversity & the Bar in an article regarding the impact that the ERA has on the workplace today, with a focus on women's equality. "While an affirmative statement of women's equality will affect women's confidence and morale, I don't see it having much of a practical effect on the private workplace. Many protections in the law already exist," said Ms. Kupferstein. A Women's Equality Amendment would, though, "guard against women losing the statutory rights they have fought so hard to attain," she added.
Phyllis Kupferstein, Employee Benefits & Pensions, HR & Employment Litigation
Jill Basinger was quoted in an August 14 article published by The Los Angeles Times regarding Academy Award winner Phillip Feiner suing Pacific Title & Art Studio in a wrongful termination suit. Jill commented on the case in which Mr. Feiner was let go in March as the former president of Pacific Title & Art Studio two days before his contract was up. "They believe they acted properly toward Mr. Feiner and they are going to defend the lawsuit vigorously," Ms. Basinger said.
Jill Basinger, HR & Employment Litigation, Trial
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
Joel E. Cohen was quoted in the June 5 issue of The Wall Street Journal in an article regarding the representation of the New York University Medical Center (NYU) against a former employee that was terminated for allegedly taking improper photographs of female patients. Mr. Cohen commented on NYU's decision to terminate the employee, "If this person was abusing a position of trust, one of these patients would turn around and sue the hospital."
