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General Counsel Consulting In-house News
General Counsel Consulting In-house News Section

• The Legal Ramifications Associated with Forced Wellness Programs
  Over the past several years wellness programs have found their way into various companies across the United States. Such programs, geared toward getting employees healthy in order to cut insurance costs, are known to reward employees for participating and sanction them for refusing to do so. This new corporate attitude has generated concern about employers' roles in their employees' personal lives and is predicted to result in future discrimination and privacy lawsuits.
• Wal-Mart Class Action Earns Plaintiff's Attorneys $45.7 Million
  Following a $188 million verdict that was awarded to Wal-Mart employees in October 2006 when the company was found guilty of failing to pay them for work they performed off the clock, a Philadelphia judge has now told the retailer that it must also pay $45.7 million in attorney fees. In addition to the $45.7 million, which denotes 31% of the plaintiffs' monetary award, Wal-Mart is also responsible for covering $3.6 million in expenses as well as $10 million in prejudgment interest.
• Step Away from the Keyboard
  With the invention of computers and email, communication became not only much easier but also much more confusing. The typical boundaries that existed in oral communication did not (and still do not) apply to the electronic realm. As a result, a lack of understanding of the true consequences of email is sending businesses and employees into a litigation tailspin as emails are now being used against them in the heat of legal battle.
• "Emotion" in the Court
  At least once in everyone's life there comes a time when a decision is made purely on emotion. Whether it involves agreeing to see the ex-boyfriend or ex-girlfriend even though you know you really shouldn't, buying those expensive but fabulous stiletto heels, or eating that dessert after already indulging in a four- or five-course meal, sometimes you just let your brain take a break while your heart takes over.
• Westar's Fee Delay Request Denied by 10th Circuit
  In yet another intriguing turn of events in the four-year-long saga involving Westar Energy Inc. and two of its former executives, Westar, the largest electric-energy provider in Kansas, was recently denied a request to delay payment of its former embattled executives' legal fees.
• Discrimination Claims Now Heard in State Court
  The battle between employers and employees has been a long and arduous one, and thanks to changes in several state laws, the battle is once again heating up. With the recent additions of Maryland and Illinois, 40 states have now passed legislation that will allow employees to sue their employers for discrimination with the case being heard in state court.
• Larry D. Thompson, General Counsel for PepsiCo, Speaks to FBA
  This month, Larry D. Thompson, senior vice president of government affairs, general counsel, and secretary of PepsiCo, was a guest speaker at this year's Federal Bar Association (FBA) annual meeting and convention held in Atlanta.
• Fraud Charges Filed Against Former General Counsel
  Lisa C. Berry, former general counsel of KLA-Tencor Corporation and Juniper Networks, Inc., is under fire for allegedly backdating stock option grants. According to a press release from the U.S. Securities and Exchange Commission (SEC), the Bay Area former general counsel has been charged with backdating for the two companies from 1997 to 2003.
• Former GC is Delta Air Lines' New CEO
  September 1 marked the beginning of a new era for Richard H. Anderson and Delta Air Lines, Inc. Succeeding retiring CEO Gerald Grinstein, Anderson took the reins as chief executive officer of the company.
• Pacific Life Insurance Company's General Counsel to Retire after 30 Years of Service
  Tuesday, August 28, it was announced that David Carmichael, general counsel for Pacific Life Insurance Company, will be replaced by Sharon Cheever. Effective January 1, 2008, Cheever will replace Carmichael, who will be retiring after working for the company for 30 years, according to a press release from Pacific Life.
• Whole Foods Market, Inc., Scheduled to Merge with Wild Oats Markets, Inc.
  Whole Foods Market, Inc., and Wild Oats Markets, Inc., are scheduled to close their merger on Monday, August 20, after 12 noon, Eastern Standard Time. This $700 million deal between the rival natural and organic grocers has caused quite the controversy ever since the two made plans in February of this year for Whole Foods to buy out Wild Oats at a purchase price of $18.50 per share in cash.
• Nike Settles Lawsuit to the Tune of $7.6 Million
  Nike, Inc., is now $7.6 million poorer, thanks to a recent settlement in a race discrimination lawsuit filed against the company. The class action lawsuit was filed against the athletic-apparel conglomerate on behalf of 400 current and former black employees who worked at Niketown in Chicago from 1999 to the present.
• Caterpillar, Inc., Lawyers Offer Pro Bono Services to Nonprofit Organization
  What do the world's leading manufacturer of construction and mining equipment and a nonprofit organization formed to help the country of Malawi have to do with the legal profession? Plenty if you are Michael Hurst, Caterpillar, Inc.'s in-house intellectual property lawyer. Hurst is just one of the many Caterpillar, Inc., employees to get involved with the manufacturer's new pro bono program that began in November 2006.
• In-House Attorney Files Sex-Bias Lawsuit against General Electric Company
  Usually when a large company faces a lawsuit, the suit isn't filed by one of its top in-house attorneys. But that's exactly what General Electric Co., the world's second-largest company, is dealing with.
• New Jersey Seeking to Recover Damages for Polluted Sites
  Global warming and its companion, environmental pollution, have been heavily discussed in the media recently. From scientists releasing doomsday reports to Al Gore's astonishing success at the box office with An Inconvenient Truth to the recent "Live Earth" concert to promote awareness of and create a solution for the global climate crisis, there seems to be no sign of the topic getting lost in America's, or the world's, consciousness.
• SOX Exemption Extended
  In recent weeks, the House of Representatives has demonstrated its desire for the Securities and Exchange Commission to further postpone internal regulations associated with the Sarbanes-Oxley Act, most clearly by voting to prolong the exemption of small businesses through 2008. It should be noted that businesses with less than $75 million in market capitalization fall into the small-company category.
• English-Only Workplace Policies
  Immigration has undoubtedly been a hot topic in the United States recently, and it seems there are no signs of the subject becoming any less controversial in the near future. As Congress continues to struggle over immigration reform, lawsuits filed by immigrants alleging violations of the EEOC continue to rise.
• 401(k) Fee Suits on the Rise
  Following the surging trend of employees filing lawsuits against their employers, employers have yet another reason to be wary: 401(k) plans. Recently, fees associated with 401(k) plans have come under close scrutiny and are resulting in mounting lawsuits against small and large corporations alike.
• EEOC Claim-Filing Limits Altered by Supreme Court
  Attention, American corporations: you can now breathe a sigh of relief. The Supreme Court, in a 5-to-4 vote, has drastically altered the landscape of Title VII lawsuits. On May 29, claims that allege discrimination based on gender or race will have their statue of limitations drastically altered; henceforth, the claimant must proceed with legal action, if he or she chooses to do so, within 180 days of the alleged incident. Previously, a claimant had to act within 180 days of his or her last