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O’Melveny’s Chopra, KohSweeney Quoted in Of Counsel on Legal Trends in Labor and Employment

June 02, 2014 O'Melveny & Myers partners Apalla Chopra and Adam KohSweeney are quoted in Of Counsel's May 2014 issue on factors that are currently driving activity in the labor and employment practice area. In an article titled “L&E Work Fueled by an Increase in Class-Actions, Federal Enforcement, and, Notably, Corporate Campaigns,” the publication reports that labor and employment lawyers are increasingly being called on to help companies push back against corporate campaigns conducted by labor unions. “We are well-versed in dealing with varied atmospherics and approaches at the bargaining table, from the constructive and positive to the confrontational and table-pounding approach of some unions," said Chopra, who chairs O’Melveny’s Labor and Employment Practice. "We are particularly experienced in assisting employers with restructuring collective bargaining agreements under federal bankruptcy law.”

KohSweeney noted that the group also is offering counsel in a growing number of wage-and-hour class- and collective-action lawsuits. “[We’re seeing] an uptick in the last quarter of last year and the first quarter of this year in Fair Credit Reporting Act claims,” he said. “Plaintiff lawyers are claiming that a background check was pulled [on their client, an employee] without authorization or notice.” KohSweeney also indicated that he expects the Department of Labor's enforcement activity to increase. “I think we’ll see the Department of Labor continue to be active,” he said. “They tend to be industry-focused. They are most interested in industries that are most likely to employ less sophisticated workers or workers who are more at risk, in the department’s view, of not fully understanding their rights. So you see a lot of that in the agricultural industry and the manufacturing sector. And you see some in the hospitality sector.”