Law Roundtable

Law Roundtable

Exploring the region between Law and Economics.

RSS Feed

Jottings by an Employer’s Lawyer


April 30, 2018, 8:07 pm, 1849228
In certain parts of Texas, plaintiffs seek to avoid being in federal court at all costs. Today, the 5th Circuit clarified a procedural hurdle to that tactic in a small category of  cases.

In Taylor v. Bailey Tool & Manufacturing (5th Cir. 3/10/14), plaintiff originally filed suit ...


April 30, 2018, 8:07 pm, 1849229
That's a 64 million dollar question, literally. JP Morgan whistleblower gets $63.9 million in mortgage fraud deal. 
It seems quite likely that headlines like that are apt to make many think that rather than continuing to work as an assistant vice president, as Keith Edwards did before reporting ...


April 30, 2018, 8:07 pm, 1849230
One of the many issues still to be decided for whistle-blowing claims under Sarbanes Oxley is how far does the law extend, if at all, for conduct outside the United States.
A ...


April 30, 2018, 8:07 pm, 1849231
The statute that among many other things marked the beginning of employment law as a discipline, passed a major hurdle 50 years ago today when it passed the House of Representatives by a vote of 290 to 130.

According to a study of the Civil Rights Act's legislative history, ...


April 30, 2018, 8:07 pm, 1849227
If you are a non-union employer (and overwhelmingly most employers are) you might not have given much thought to your how your confidentiality policy stacked up against the National Labor Relations Act. In fact your policy might read something like the following:

Confidential Information

Employees deal with ...


April 30, 2018, 8:07 pm, 1849226
I posted the initial post on this blog. A dozen years is a long time to keep anything going, although you could seriously question whether or not this last year it was really going as the posts were few and far between.

As I have spoken in the past, ...


April 30, 2018, 8:07 pm, 1849223
Implicit bias as a concept has been bubbling around the world of employment discrimination for a few years now. Although the fact that Google is seriously studying the issue as it applies to its own workforce may not mean that the concept is now main stream, I do think it ...


April 30, 2018, 8:07 pm, 1849224
Yesterday's post about the difficulty that courts have in dealing with religious discrimination, see Not Off to a Good Start and Onionhead: the newest religion? could not have been a better segue way to today's decision from the 5th Circuit, ...


April 30, 2018, 8:07 pm, 1849225
Six weeks ago, on the 12th anniversary of this blog, I indicated that I would see if last year's lack of posting would continue and whether or not it was time to give this blog a formal ending.  Based on the last six weeks, it is definitely on its death ...


April 30, 2018, 8:07 pm, 1849222
While I was starting a week long trial in the Southern District of Texas, the 5th Circuit was taking a wide, pro-employee view of Sarbanes Oxley.  In Halliburton v. Administrative Review Board (5th Cir. 11.12.14) the Court was faced with an unusual factual case.

A whistleblower had ...