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Employment
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September 09, 2025
Feds Fight Ex-Philly Labor Leader's Prison Release Bid
Prosecutors urged a Pennsylvania federal judge to reject the early release bid by the former business manager of the International Brotherhood of Electrical Workers Local 98 in Philadelphia, arguing Tuesday that he should not be freed from his six-year prison term to care for his disabled wife because her condition has not changed since he was locked up last year.
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September 09, 2025
Fed Circ. Won't Revive Ex-DOI Worker's Military Bias Case
The Federal Circuit on Tuesday refused to revive a former U.S. Department of the Interior employee's allegations that he was denied promotions because he's an Air Force veteran, ruling the claims were precluded by a 2008 settlement agreement and 2022 appeals court decision.
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September 09, 2025
Full 11th Circ. Backs Health Plan's Gender Care Exclusions
The Eleventh Circuit struck down a win Tuesday for a transgender sheriff's deputy who sued a Georgia county health plan after it refused to pay for gender-affirming surgery, saying the challenged coverage exclusion did not violate federal anti-discrimination law.聽聽
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September 09, 2025
BDO Seeks To Ditch Bulk Of Ex-Partner's $75M Bias Suit
Accounting firm BDO sought to fend off most of the claims in a $75 million discrimination suit brought by a former tax partner who took leave when her son had a stroke, telling a New York federal court she was not an employee protected by the laws she says the firm violated.
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September 09, 2025
Roberts Pauses Foreign Aid Distribution For Now
Chief Justice John Roberts on Tuesday temporarily stayed a lower court's order requiring the Trump administration to release roughly $4 billion in frozen foreign aid while the U.S. Supreme Court considers a longer-term solution.聽
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September 09, 2025
Insurance Tech Co. Owes For Unpaid Work, Ex-Employee Says
Insurance technology provider Zinnia does not pay its customer service personnel for all pre- and post-work activities, or for work that is performed during their meal breaks, according to a proposed collective and class action filed in Connecticut federal court.
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September 09, 2025
Judge Warns Fake AI Cites May Need 'Eye-Catching Sanction'
A Connecticut federal judge on Tuesday warned a multistate solo practitioner that an "eye-catching sanction" may be necessary to stop attorneys from filing briefs rife with fake case law generated by artificial intelligence systems, while the lawyer bemoaned the fact that he'd "trusted a tool."
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September 09, 2025
Quinn Emanuel Fights DQ Bid In Trade Secrets Fight
Quinn Emanuel Urquhart & Sullivan LLP-represented Rippling is urging a Delaware state court to reject a bid to disqualify the firm from representing the human resources and payroll company in an ongoing trade secrets fight with competitor Deel Inc., saying the request is a misguided tactical move.
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September 09, 2025
Ex-Copyright Chief Wants Firing Declared Invalid
The former head of the U.S. Copyright Office who was fired by President Donald Trump has asked a D.C. federal court to declare that firing invalid, saying it was an attempt by the administration to "seize control of the Library of Congress and the U.S. Copyright Office."
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September 09, 2025
NASA Shuts Down Black Ex-Engineer's Bias Suit
A Texas federal judge tossed a race and age bias suit from a Black ex-NASA engineer who claimed he was placed on an unrealistic performance improvement plan and then pushed into retirement, saying he hadn't shown prejudice drove the agency's actions.
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September 08, 2025
Litigation Funder Says Ex-GC Stole Secrets To Launch Rival
A Houston-based litigation funding company has hauled its former general counsel into Texas state court, accusing him of diverting its business opportunities and using confidential business information when secretly forming a new rival litigation funder.
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September 08, 2025
9th Circ. Axes Ruling Trader Joe's 'Weaponized Legal System'
A California federal judge hastily found that Trader Joe's cooked up borderline-frivolous theories of trademark infringement to punish union organizers, the Ninth Circuit held Monday, finding that union merchandise looks "strikingly similar" to the grocer's well-known logo.
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September 08, 2025
3rd Circ. Revives Ex-Lecturer's Suit Over Alt-Right Views
The Third Circuit on Monday found school disruptions at the New Jersey Institute of Technology caused by a philosophy lecturer's comments don't outweigh his free speech rights, reversing the school's聽summary judgment win in the professor's聽lawsuit alleging NJIT violated his constitutional rights by refusing to renew his contract after his off-campus, alt-right comments drew national attention.
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September 08, 2025
Split 4th Circ. Axes States' Challenge To Trump Admin Layoffs
A split Fourth Circuit panel held Monday that a coalition of states doesn't have standing to sue the Trump administration over the mass firing of thousands of probationary government employees, finding that it was the employees 鈥 not the states 鈥 who "suffered the brunt of the harm" underlying the case.
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September 08, 2025
Walgreens Fired Pharmacy Heads After Union Vote, Suits Say
Two ex-pharmacy managers have accused Walgreens of firing them for refusing to spy on their employees amid a campaign to unionize at a store in southwest Washington state, according to two new lawsuits launched in federal court in the Evergreen State.
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September 08, 2025
Unions Knock 'Flawed' 4th Circ. Injunction Take In DOGE Row
A split Fourth Circuit panel's decision to vacate an injunction targeting the Department of Government Efficiency created a flawed framework for evaluating whether an injunction is appropriate, a coalition of unions argued Monday, asking the full Fourth Circuit to override the majority's "sharp departure from established precedents."
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September 08, 2025
Fired Wells Fargo VP Claims Retaliation, Unsafe Workplace
Wells Fargo Bank has been hit with retaliatory firing claims in Illinois federal court by a聽former high-ranking testing and validation executive who claims she was treated unjustly and ultimately terminated for flagging reporting inaccuracies she was concerned could violate federal banking and securities laws.
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September 08, 2025
Lowe's Workers Drop Suit Claiming Unlawful Insurance Fees
Ex-Lowe's employees have dropped a proposed class action alleging the home improvement retailer violated federal law by overcharging tobacco-using employees for health insurance, according to a notice filed in North Carolina federal court.
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September 08, 2025
Governing Body To Pay Swimmers $4.6M In Antitrust Deal
World Aquatics will pay swimmers $4.6 million for missed events in a settlement ending their antitrust case accusing the sport's international governing body of organizing a group boycott against an upstart league, while the new league's case remains slated for a January trial.
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September 08, 2025
Exxon, BP, Others Keep Dismissal Of Pa. Benzene Suit
A Pennsylvania appeals court on Monday refused to reinstate a woman's suit alleging that products from Exxon Mobil Corp., BP Products North America Inc. and others exposed her husband to benzene, leading to his death, ruling the trial court rightly found that North Carolina is the far better venue.
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September 08, 2025
Whisper Not Enough To Sustain Worker's Harassment Suit
A Pennsylvania federal judge tossed a Merck Sharp & Dohme worker's suit Monday claiming his boss sexually harassed him by whispering in his ear at a staff meeting, ruling the singular incident did not create a hostile work environment at the pharmaceutical company.
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September 08, 2025
Trump Returns To High Court In Foreign Aid Freeze Dispute
President Donald Trump asked the U.S. Supreme Court on Monday to pause a lower court's order requiring the administration to release roughly $4 billion in frozen foreign aid, claiming the ruling interferes with his attempt to lawfully rescind the funding.
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September 08, 2025
NBA Taps Wachtell To Probe Possible Cap Scam By Clippers
Wachtell Lipton Rosen & Katz, which has led two previous probes into misconduct by NBA franchises that pushed their owners to sell the teams, has been retained by the league to investigate reported circumvention of the salary cap for superstar Kawhi Leonard by the Los Angeles Clippers.
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September 08, 2025
Former NLRB Chairman Joins Jackson Lewis In NYC
Former National Labor Relations Board Chairman Marvin E. Kaplan made the move to private practice at Jackson Lewis PC after his term ended last month, the firm announced Monday.
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September 08, 2025
Exotic Dancers Too Early With Quick Win Bid In Wage Suit
A former exotic dancer for an Illinois club cannot snag a partial win in a lawsuit claiming she and her coworkers were misclassified as independent contractors and faced illegal kickbacks, a federal judge ruled Monday, saying she "put the cart before the horse."
Expert Analysis
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Why Hiring Former Jurors As Consultants Can Be Risky
The defense team's decision to hire former juror Victoria George in the high-profile retrial of Karen Read shines a spotlight on this controversial strategy, which raises important legal, ethical and tactical questions despite not being explicitly prohibited, says Nikoleta Despodova at ND Litigation.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Trump's 1st 100 Days Show That Employers Must Stay Nimble
Despite the aggressive pace of the Trump administration, employers must stay abreast of developments, including changes in equal employment opportunity law, while balancing state law considerations where employment regulations are at odds with the evolving federal laws, says Susan Sholinsky at Epstein Becker.
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Combs Case Reveals Key Pretrial Scheduling Strategies
The procedural battles over pretrial disclosure deadlines leading up to the criminal trial of Sean 鈥淒iddy鈥 Combs show how disclosure timing can substantially affect defendants鈥 ability to prepare and highlight several scheduling pointers for defense counsel, says Sara Kropf at Kropf Moseley.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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A Closer Look At Amendments To Virginia Noncompete Ban
Recently passed amendments in Virignia will prohibit noncompetes for all employees who are eligible for overtime pay under federal law, and though the changes could simplify employers鈥 analyses as to restrictive covenant enforceability, it may require them to reassess and potentially adjust their use of noncompetes with some workers, say attorneys at McGuireWoods.
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How Attorneys Can Make The Most Of A Deposition Transcript
With recent amendments to federal evidence rules now in effect, it鈥檚 more important than ever to make sure that deposition transcripts are clear and precise, and a few key strategies can help attorneys get the most out of a transcript before, during and after a deposition, says Allison Rocker at Baker McKenzie.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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IRS And ICE Info Sharing Could Drive Payroll Tax Enforcement
Tax crimes are historically difficult to prosecute, but the Internal Revenue Services鈥 recent agreement with U.S. Immigration and Customs Enforcement to share taxpayer records of non-U.S. citizens could be used to enhance payroll tax-related enforcement against their employers, say attorneys at Holland & Knight.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know 鈥 principles that have helped to improve my practice of law, says Sheria Clarke聽at聽Nelson Mullins.
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Maximizing Employer Defenses After Calif. Meal Waiver Ruling
A California state appeals court's recent decision in Bradsbery v. Vicar Operating, finding that revocable meal period waivers prospectively signed by employees are enforceable, offers employers four steps to proactively reduce their exposure to meal period claims and bolster their defenses in a potential lawsuit, say attorneys at Fisher Phillips.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice 鈥 as when I departed the U.S. Department of Justice鈥檚 environmental enforcement division 鈥 should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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Independent Contractor Rule Up In The Air Under New DOL
In several recent court challenges, the U.S. Department of Labor has indicated its intent to revoke the 2024 independent contractor rule, sending a clear signal that it will not defend the Biden-era rule on the merits in anticipation of further rulemaking, say attorneys at Jackson Lewis.
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Employer Tips For Navigating Cultural Flashpoints Litigation
A New York federal court's recent refusal to fully dismiss claims that Cooper Union failed to address antisemitism underscores why employment litigation that involves polarizing political, social or cultural divides requires distinct defense strategies to minimize risk of an adverse outcome and of negative impacts on the employer's reputation, say attorneys at Seyfarth Shaw.