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Employment

  • September 17, 2025

    3rd Circ. Panel Puzzled By Economics Of NCAA Eligibility

    The introduction of compensation for college athletes may have changed the economic effects of the NCAA's eligibility rules, but a Third Circuit panel wondered Wednesday whether enough analysis on the specific effects had been done to justify suspending one of those rules for a Rutgers University football player.

  • September 17, 2025

    Coaches Ask For Lower Court Redo On 'Sham' NFL Arbitration

    Arguing that a recent Second Circuit ruling supports their position that arbitration overseen by the NFL commissioner cannot be impartial, three former NFL coaches have asked the district court judge who sent part of their proposed racial discrimination class action to arbitration two years ago to again reconsider that decision.

  • September 17, 2025

    Defense Co. Says Worker Fired For Harassment, Not Religion

    Defense contractor L3Harris fired an engineer for his mistreatment of non-Christian colleagues, not because he is a Christian, the company told a Texas federal court as it urged the toss of the former employee's bias suit.

  • September 17, 2025

    Nonprofit Loses TM Injunction Bid Against 'Making PA Better'

    A Pennsylvania federal judge has declined to bar the Pennsylvania Manufacturers' Association from using the phrase "Making PA Better" on its website in a trademark infringement case brought by a nonprofit, saying neither of the parties are engaged in commercial activity.

  • September 17, 2025

    Purdue Can Pay CEO Ch. 11 Bonus After Trimming Comp

    A New York bankruptcy judge Wednesday approved a nearly $3 million incentive program for Purdue Pharma's chief executive after he agreed to reduce his total compensation by $500,000.

  • September 17, 2025

    H-2A Truck Drivers' Wage Suit Heads To Arbitration

    Four seasonal truck drivers did not cross state lines when they transported agricultural products from fields to a cooling facility, and therefore their wage and hour suit belongs in arbitration, a California federal judge ruled.

  • September 17, 2025

    Shipbuilders Ask Justices To Weigh 4th Circ. No-Poach Ruling

    Shipbuilders and designers accused of conspiring to suppress industry wages urged the U.S. Supreme Court to review a Fourth Circuit decision that revived a proposed class action against them, saying the allegedly untimely antitrust claims threaten ruinous damages.

  • September 17, 2025

    NCAA Volunteer Coaches Secure $49M Wage-Fix Settlement

    A California federal court approved a $49 million settlement between the National Collegiate Athletic Association and 1,000 Division I volunteer baseball coaches that resolves an antitrust dispute stemming from a now repealed bylaw that allegedly prevented the coaches from receiving market value wages.

  • September 17, 2025

    Kimberly-Clark Settles Black Worker's Bias, Retaliation Suit

    Consumer goods company Kimberly-Clark has resolved a suit filed by a Black manufacturing employee who said she was denied a promotion and unfairly disciplined for complaining she was being paid less than colleagues, according to a filing in Alabama federal court.

  • September 17, 2025

    4th Circ. Won't Revisit $9M Nurse Misclassification Ruling

    The Fourth Circuit will not reconsider a panel decision keeping in place a $9 million judgment against a medical staffing company the U.S. Department of Labor accused of misclassifying more than 1,000 nurses as independent contractors, the appeals court said.

  • September 16, 2025

    Harborview Nurses In Ga. Score Collective Status In OT Suit

    A pair of nurses who worked at Harborview Health Systems' facility in Rome, Georgia, brought enough evidence to show they and other similarly situated nurses were subjected to pay practices that shorted them on overtime wages to proceed as a collective action, a New York magistrate judge said Tuesday.

  • September 16, 2025

    Military Contractor Tells Justices To Nix Army Vet's Injury Suit

    Fluor Corp. has urged the U.S. Supreme Court to toss a suit seeking to hold the defense contractor liable for a military veteran's injuries sustained in a 2016 suicide bombing in Afghanistan, saying federal law preempts the state-based injury claims.

  • September 16, 2025

    DOJ Fights Court Order To Reinstate NCUA Board Members

    The Trump administration has told the D.C. Circuit that the president had the right to remove two National Credit Union Administration board members at will, and that a lower court was wrong to reinstate them and read extra job protections into the law.

  • September 16, 2025

    UC Groups Sue Trump Admin Alleging Free Speech Violations

    A coalition of faculty, staff and unions affiliated with the University of California system sued the Trump administration in federal court Tuesday, arguing the suspension of $584 million in research projects along with threats to terminate billions more violates the law and is an attempt to violate their free speech.

  • September 16, 2025

    White House Fights Seattle's Bid To Block DEI Grant Rules

    The Trump administration on Tuesday called on a Washington federal judge to let it proceed with federal grant conditions forcing recipients to drop efforts related to diversity and "gender ideology," contending that Seattle is challenging the terms based on mere speculation that the city may one day be targeted for "hypothetical noncompliance."  

  • September 16, 2025

    Wells Fargo Brass Reach Settlement In 'Sham' Hiring Suit

    Wells Fargo investors and executives have told a California federal judge they've reached a settlement in a derivative suit claiming the bank's leadership failed to address the company's discriminatory lending and hiring practices.

  • September 16, 2025

    Trump Admin Says Judge Can't Protect Agency Union Pacts

    If six federal agencies accept President Donald Trump's invitation to cancel their union contracts, a D.C. federal judge cannot intervene, the Trump administration has argued, claiming that the unions must bring their fight to protect the contracts to a federal labor-management relations agency, not a judge.

  • September 16, 2025

    Bakery Drivers Are Exempt From Arbitration, 2nd Circ. Told

    Two Connecticut delivery drivers asked the Second Circuit on Tuesday to reverse an order sending their employment misclassification lawsuit to arbitration, arguing the Federal Arbitration Act doesn't apply to workers engaged in interstate commerce and cuts through contracts that purportedly cast them as independent contractors.

  • September 16, 2025

    Federal Court Reporter Beats Transcript Omission Claim

    A court reporter for an Illinois federal judge Tuesday defeated a lawsuit brought by a pro se plaintiff alleging she failed to transcribe part of a hearing and left out statements that would be damaging to the judge in an underlying employment dispute.

  • September 16, 2025

    7th Circ. Judge Wary Of Pilots' Bid To Amend Vax Bias Claims

    A Seventh Circuit judge on Tuesday pushed counsel for two United Airlines pilots to address how the lower court abused its "very broad" discretion in refusing to allow them to file a third amended complaint accusing the airline of religious discrimination, after they were placed on unpaid leave despite religious exemptions from the airline's COVID-19 vaccination mandate.

  • September 16, 2025

    4th Circ. Asked To Rehear 'Inspire' Dance Team Case

    A North Carolina charter school on Tuesday asked for the full Fourth Circuit to hear its claims that two former teachers should be barred from using the name "Inspire" for their dance company, arguing that declining to block the teachers is at odds with decades of circuit precedent.

  • September 16, 2025

    Fred Meyer Faces $81M Suit Over Anti-Moonlighting Policy

    Fred Meyer broke Washington state law in barring nearly 13,000 of its low-wage workers from holding other jobs to make ends meet, according to a proposed class action removed to Seattle federal court.

  • September 16, 2025

    Wash. Justices Scrutinize Minimum Wage 'Live In' Exclusion

    Washington Supreme Court justices on Tuesday pushed counsel for an adult family home on the stance that its "live in" workers are adequately protected by existing laws and regulations, pointing to testimony its employees are always on call and sometimes at risk of physical assault by residents.

  • September 16, 2025

    Ill. Hospital Nonprofit Must Face Tobacco Fee Suit

    An Illinois federal judge refused to toss the bulk of a proposed class action from an Illinois hospital worker who claimed a fee on the employee health plans of tobacco users was discriminatory and breached fiduciary duties under benefits law, finding most allegations sufficiently backed up to survive dismissal.

  • September 16, 2025

    Dems Renew Push To Ban Credit Checks In Hiring

    Democratic lawmakers introduced legislation that would bar employers from requiring job applicants to disclose their credit history as part of the hiring process, saying the bill would remove a barrier that disproportionately hurts women and minority workers.

Expert Analysis

  • In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable

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    The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.

  • What FCA Liability Looks Like In The Cybersecurity Realm

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    ​Two recent settlements highlight how whistleblowers and the U.S. Department of Justice have been utilizing the False Claims Act to allege fraud predicated on violations of cybersecurity standards — timely lessons given new bipartisan legislation introducing potential FCA liability for artificial intelligence use, say​ attorneys Rachel Rose and Julie Bracker.

  • Foreign Sovereign Entities Should Heed 9th Circ. IP Ruling

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    After the Ninth Circuit recently held that four Chinese state-controlled companies were not immune from criminal indictment for alleged economic espionage, foreign sovereign-controlled entities should assess whether their operations and affiliation with their parent states qualify for sovereign immunity under the common law, say attorneys at Cleary.

  • Proposed State AI Rule Ban Could Alter Employer Compliance

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    A proposal in the congressional budget bill that would ban state and local enforcement of laws and regulations governing artificial intelligence may offer near-term clarity by freezing conflicting rules, but long-term planning would remain difficult for employers seeking safe, lawful AI deployment strategies, say attorneys at Fisher Phillips.

  • How Attorneys Can Become Change Agents For Racial Equity

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    As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.

  • What Employers Can Learn From 'Your Friends & Neighbors'

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    The new drama series "Your Friends and Neighbors," follows a hedge fund firm manager who is terminated after an alleged affair with an employee in another department, and his employment struggles can teach us a few lessons about workplace policies, for cause termination and nonsolicitation clauses, says Anita Levian at Levian Law.

  • Series

    Running Marathons Makes Me A Better Lawyer

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    After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.

  • High Court Order On Board Firings Is Cold Comfort For Fed

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    The U.S. Supreme Court’s recent Trump v. Wilcox order, upholding the firings of two independent agency board members during appeal, raises concerns about the future of removal protections for Federal Reserve System members, and thus the broader politicization of U.S. monetary policy, say attorneys at Squire Patton.

  • Series

    Law School's Missed Lessons: Supporting A Trial Team

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    While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.

  • A Look At Employer Wins In Title VII Suits Over DEI Training

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    Despite increased attacks on diversity, equity and inclusion initiatives, courts across the country have favored employers in cases opposing diversity training, challenging the idea that all workplace inclusion efforts violate the law and highlighting the importance of employers precisely recognizing the legal guardrails, say attorneys at Perkins Coie.

  • Opinion

    Address Nationwide Injunction Issues With Random Venues

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    Many of the qualms about individual district court judges' authority to issue nationwide injunctions could be solved with a simple legislative solution: handling multiple complaints about the same agency action filed in different district courts by assigning a venue via random selection, says Harvey Reiter at Stinson.

  • Series

    Adapting To Private Practice: From US Attorney To BigLaw

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    When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.

  • Employer-Friendly Fla. Law Ushers In New Noncompete Era

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    Florida's CHOICE Act is set to take effect July 1, and employers are welcoming it with open arms as it would create one of the most favorable environments in the country for the enforcement of noncompete and garden leave agreements, but businesses should also consider the nonlegal implications, say attorneys at BakerHostetler.

  • Measuring The Impact Of Attorney Gender On Trial Outcomes

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    Preliminary findings from our recent study on how attorney gender might affect case outcomes support the conclusion that there is little in the way of a clear, universal bias against attorneys of a given gender, say Jill Leibold, Olivia Goodman and Alexa Hiley at IMS Legal Strategies.

  • The Ins And Outs Of Consensual Judicial References

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    As parties consider the possibility of judicial reference to resolve complex disputes, it is critical to understand how the process works, why it's gaining traction, and why carefully crafted agreements make all the difference, say attorneys at Pillsbury.

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