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Employment
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June 26, 2025
NY Looks To Snuff Out Pot Shop's Labor Peace Law Spat
New York cannabis regulators fought a dispensary operator's challenge to a state law making companies sign on to labor peace agreements with unions to have a license, telling a federal judge Thursday that the business can't show harm from the pact because it doesn't have employees.
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June 26, 2025
Movie Cos. Ask 10th Circ. To Redo 'Inconsistent' Labor Ruling
Two Hallmark-contracted movie studios asked the Tenth Circuit to rehear a claim from the National Labor Relations Board that the studios violated federal labor laws by refusing to rehire striking employees, calling the previous panel opinion both "inconsistent" and "confusing at best."
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June 26, 2025
Fla. Lawyers Suspended For Online Criticism Of Judge
Florida's high court on Thursday approved a one-month suspension for a father-daughter team of attorneys for their online comments criticizing a judge who reversed a $2.75 million jury verdict in favor of a doctor who sued for discrimination, finding that there were also mitigating factors in the attorneys' cases.
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June 26, 2025
Wash. High Court Says State CBAs Are Private Until Funded
The agency that negotiates Washington state employees' union contracts can reject public records requests for bargaining-related documents until the contracts are finalized and funded, the Washington Supreme Court held in an 8-1 vote Thursday, upholding a Washington Court of Appeals decision.
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June 26, 2025
SMU Law Professor's Tenure Suit Partly Revived By 5th Circ.
The Fifth Circuit on Wednesday partially revived a former Southern Methodist University law professor's suit over the denial of her tenure application following a ruling last month by the Texas Supreme Court.
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June 26, 2025
Construction Cos. To Pay $13M For PPP Loan Statements
Several companies have agreed to pay the federal government $13 million to resolve claims that they violated the False Claims Act by misstating their qualifications for Paycheck Protection Plan forgivable loans during the height of the COVID-19 pandemic, according to New Jersey's top federal prosecutor.
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June 26, 2025
10 Years Later: Obergefell Attorneys, In Their Own Words
Marking the decade anniversary of the Obergefell opinion, Law360 asked the attorneys who argued the case at the Supreme Court what it was like being at the center of such a monumental case, how a ruling favoring same-sex marriage changed the legal landscape over the past decade, and the remaining legal appetite to overturn it.
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June 26, 2025
No Work Needed For Military Leave Pay, Wash. Justices Say
Washington state public employees are entitled to paid military leave even if they are not scheduled to work because they are on active duty during an extended military leave of absence, the state's Supreme Court ruled Thursday, saying the state's paid military leave statute is unambiguous.
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June 26, 2025
Boeing Wins Discovery Stay In Chancery Derivative Suit
Pointing to court doctrines barring discovery while a derivative suit faces dismissal motions, a Delaware vice chancellor on Thursday grounded a Boeing Co. stockholder bid to continue demanding records pending a final decision on the company's right to control the action, which alleges massive, costly safety failures.
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June 26, 2025
DOJ Puts U. Of California Diversity Plans Under Microscope
The U.S. Department of Justice's civil rights arm said Thursday it's launching an investigation into whether a University of California strategic plan prompted its campuses to discriminate against job applicants and employees based on their race and gender.
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June 26, 2025
Judge Tosses Biogen MS Drug Antitrust Suit, For Now
An Illinois federal court tossed a proposed class action accusing Biogen of reducing competition for its multiple sclerosis drug Tecfidera through payments to pharmacy benefit managers, after finding that only some drug pricing lists would have been affected.
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June 26, 2025
Key DOL Nominees Clear US Senate Committee
U.S. Department of Labor nominees cleared a U.S. Senate committee Thursday and are set to head to a vote in the full chamber, moving the agency closer to having a complete leadership team that is likely to proceed with policy changes.
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June 26, 2025
Seattle Jan. 6 Cops Again Ask Justices To Shield Identities
Four current and former Seattle police officers who attended the Jan. 6, 2021, "Stop the Steal" insurrection have again asked the U.S. Supreme Court for an emergency stay to prevent the public release of their names after an initial denial from the high court, saying the justices have two days to act.
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June 26, 2025
Ex-McCarter & English Atty Questioned On Bias Pleading
A New Jersey state judge pressed a former McCarter & English LLP attorney on Thursday to show how his anti-veteran discrimination complaint against the firm met the pleading standards for a whistleblower suit as he faces the firm's motion to dismiss.
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June 26, 2025
NY School Gets Bias Suit Narrowed But Must Face Pay Claims
Hilbert College can escape a former associate professor's gender discrimination and retaliation claims but must face her claims that she was paid less than male colleagues, a New York federal judge ruled, saying a jury should evaluate the school's explanation that other factors could account for the pay disparities.
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June 26, 2025
Ex-Truist Banker Says Age Got Her Fired
A Truist manager subjected a 57-year-old banker to unfair criticism and abruptly fired her, the former employee said in a wage and discrimination suit in Georgia federal court, adding that her direct manager resigned in part to protest her termination.
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June 26, 2025
ICE Agents Could Testify Anonymously In 1st Am. Trial
A Massachusetts federal judge suggested Thursday he is open to allowing U.S. Immigration and Customs Enforcement agents to testify anonymously at an upcoming bench trial in a suit brought by academic groups challenging the detention of noncitizen students and faculty who express pro-Palestinian views.
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June 26, 2025
Ex-Player Drops Rehab Abuse Suit Against NFL Union
A former pro football player who claimed he was incorrectly sent to a Texas drug treatment center that abused him and physically blocked him from leaving has dropped his suit against the National Football League Players Association, as a Texas federal judge granted his unopposed motion to dismiss.
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June 26, 2025
Conn. Firm Says Judge 'Overlooked' Key Case In Dismissal
Connecticut employment law firm Hayber McKenna & Dinsmore LLC has asked a state judge to reconsider her decision to trim abuse of process claims from its suit against attorneys for restaurants who sued the firm over underlying labor class actions, saying she "must have overlooked" important state Supreme Court precedent.
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June 26, 2025
Famed Architect Fired Associate Out Of Age Bias, Suit Says
Renowned architect Frank Gehry and his firm fired an associate in his 60s out of age discrimination after claiming there was no work for him, even as the firm hired half a dozen employees in their 20s, the associate told a California state court.
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June 26, 2025
Fire Chief Says City Got 'Cold Feet' On Race Bias Deal
A $180,000 settlement resolving a race bias suit should be enforced, a fire chief told a North Carolina federal court, saying he canceled his jury trial against the city of Charlotte because the parties reached a deal, despite the city's argument that no final written agreement exists.
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June 26, 2025
Combs Used Business 'Kingdom' For Crime Spree, Feds Say
Sean "Diddy" Combs used his power, wealth and a "small army" of employees to commit crimes including sex trafficking for 20 years, a prosecutor told a Manhattan federal jury Thursday as the hip-hop mogul's trial neared an end.
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June 26, 2025
Seyfarth Adds Lagasse Branch Employment Litigator In LA
Seyfarth Shaw LLP is growing its labor and employment team, announcing Wednesday it is bringing in a Lagasse Branch Bell + Kinkead LPP employment litigator as a partner in its Century City office in Los Angeles.
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June 25, 2025
Trump's DOL Blocked From Slashing Job Corps Program
A New York federal judge Wednesday issued a nationwide preliminary injunction prohibiting the U.S. Department of Labor from "suspending" most of the Job Corps program, ruling that Congress created the program and funded it, and the "DOL is not free to do as it pleases."
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June 25, 2025
Ill. Appeals Court Won't Undo Biometric Privacy Class Cert.
An Illinois state appeals court has refused to disturb a lower court's order certifying a class of employees suing over time clocks that scanned and used their biometric information, ruling that the common claim in the case presents a question that "is suitable for, if not demanding of, class-wide resolution."
Expert Analysis
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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Enviro Justice Efforts After Trump's Disparate Impact Order
The Trump administration's recent executive order directing the U.S. Department of Justice to unwind disparate impact regulations may end some Biden-era environmental justice initiatives — but it will not end all efforts, whether by state or federal regulators or private litigants, to address issues in environmentally overburdened communities, say attorneys at ArentFox Schiff.
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Disparate Impact Theory Lives On Despite Trump Order
Although President Donald Trump's recent executive order directed federal agencies to stop pursuing disparate impact claims, employers may still be targeted by private litigants' claims and should therefore stay alert to the risk that their practices may produce a disparate impact on members of a protected group, say attorneys at Duane Morris.
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Jurisdictional Issues At Play In 9th Circ.'s FCA Trade Case
A decision by the Ninth Circuit in Island Industries v. Sigma Corp. could result in the U.S. Court of International Trade’s exclusive jurisdiction over trade-related FCA cases, a big shift in the enforcement landscape just as tariffs take center stage in trade policy, say attorneys at Haynes Boone.
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Deregulation Memo Presents Risks, Opportunities For Cos.
A recent Trump administration memo providing direction to agencies tasked with rescinding regulations under an earlier executive order — without undergoing the typical notice-and-review process — will likely create much uncertainty for businesses, though they may be able to engage with agencies to shape the regulatory agenda, say attorneys at Blank Rome.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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Understanding Compliance Concerns With NY Severance Bill
New York's No Severance Ultimatums Act, if enacted, could overhaul how employers manage employee separations, but employers should be mindful that the bill's language introduces ambiguities and raises compliance concerns, say attorneys at Norris McLaughlin.
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Opinion
The IRS Shouldn't Go To War Over Harvard's Tax Exemption
If the Internal Revenue Service revokes Harvard's tax-exempt status for violating established public policy — a position unsupported by currently available information — the precedent set by surviving the inevitable court challenge could undercut the autonomy and distinctiveness of the charitable sector, says Johnny Rex Buckles at Houston Law Center.
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What Employers Should Know Ahead Of H-2B Visa Changes
Employers should be aware of several anticipated changes to the H-2B visa program, which allows employers to hire temporary foreign workers, including annual prevailing wage changes and other shifts arising from recent U.S. Supreme Court decisions and the new administration, say Steve Bronars and Elliot Delahaye at Edgeworth Economics, and Chris Schulte at Fisher Phillips.
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Opinion
Int'l Athletes' Wages Should Be On-Campus Employment
The U.S. Department of Homeland Security should recognize participation in college athletics by international student-athletes as on-campus employment to prevent the potentially disastrous ripple effects on teams, schools and their surrounding communities, says Catherine Haight at Haight Law Group.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Addressing PFAS Risks In Public Company Disclosures
As individual lawsuits and class actions over PFAS risks spanning multiple sectors and products increase, and rapidly evolving and often unclear regulatory initiatives on both the federal and state levels proliferate, it's more important than ever for companies to know how and when to complete PFAS-related disclosures, say attorneys at Venable.
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Takeaways From DOJ's Latest FCA Customs Fraud Intervention
The U.S. Department of Justice's recent intervention in a case alleging customs-related reverse False Claims Act fraud underlines the government’s increased scrutiny of, and importers’ corresponding exposure from, information related to product classification, country of origin and pricing, say attorneys at Bass Berry.
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4 Trends Responsible For Declining FLSA Filings
In 2024, the number of Fair Labor Standards Act claims filed in federal courts continued to decrease, reflecting a steady decline in federal FLSA filings since 2015 due to a few trends, including increased compliance and presuit resolution, say attorneys at Seyfarth.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.