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Employment
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August 28, 2025
10th Circ. Told Okla. 'Race Theory' Law Must Go
The Tenth Circuit is being told it must ensure academic freedom for the students of Oklahoma, whose constitutional rights and "the very nature of the classroom as a place that nurtures inquiry and discussion" are being undermined by a state law restricting what they can be taught.
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August 28, 2025
Email Excluded From Harassment Suit Against Paxton Deputies
A Texas federal judge on Thursday struck an email from a sexual harassment lawsuit brought against the founders of a law firm founded by former top attorneys in the Texas attorney general's office, but said the plaintiff could conduct discovery regarding the email.
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August 28, 2025
'Still A Mess': Colo. Special Session Fails To Deliver AI Clarity
During its recently concluded special session, the Colorado Legislature extended the implementation deadline for the state's groundbreaking artificial intelligence law but failed to make any substantial changes to the legislation, leaving companies to face continued uncertainty on the scope of liability and other pressing issues.
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August 28, 2025
Barings Denied Ex-Employee Emails In Corporate Raid Case
Investment giant Barings LLC can't force five former employees to hand over their personal emails and text messages in a corporate-raiding suit because their current employer doesn't have them, nor does it have a right to them, a North Carolina Business Court judge ruled.
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August 28, 2025
Local Gov'ts Seek Win In Suit Over HHS-Canceled Grants
Four local governments and a union asked a D.C. federal judge on Wednesday to declare that the U.S. Department of Health and Human Services acted unlawfully when it canceled $11 billion in grants awarded to improve public health systems around the country.
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August 28, 2025
Truist, Ex-Execs Clash In Bids To End Poaching Dispute
Charlotte, North Carolina-based Truist Financial Corp. and its mortgage banking arm resisted a bid for a pretrial win by its former executives' new employer, arguing that troves of evidence sustain its claims that over 50 employees were illegally poached, costing the bank tens of millions of dollars in losses.
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August 28, 2025
6th Circ. Backs Calculation Redo On $11M Fund Exit Liability
The Sixth Circuit on Wednesday backed a Michigan federal judge's determination that a pension fund's actuary must recalculate a paving company's withdrawal liability, citing recently clarified precedent and agreeing that an $11 million sum was erroneously calculated.
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August 28, 2025
Unions Urge Judgment Blocking DOGE's Agency Access
Unions and advocacy groups asked a Washington, D.C., federal judge Thursday for a win before trial in their lawsuit claiming agencies unlawfully provided Elon Musk's Department of Government Efficiency access to sensitive data, saying the agencies departed from their usual data access procedures without explanation.
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August 28, 2025
Ex-Katten Partner's $67M Age Bias Suit Stayed For Arbitration
A Manhattan federal judge stayed a $67 million discrimination lawsuit brought by a former Katten Muchin Rosenman LLP partner alleging the firm pushed him out of the aircraft-finance practice group, pressured him to resign and then fired him because of his age, saying there is an arbitration agreement at play.
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August 28, 2025
Religion Didn't Drive Ex-CTA Worker's Vax Refusal, Jury Hears
A former Chicago Transit Authority electrician hasn't met his burden of proving religious discrimination was behind his termination when he refused to be vaccinated against COVID-19, and his refusal was based on personal preference and health and safety concerns about the jab, an Illinois federal jury heard Thursday.
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August 28, 2025
White Workers Say Shell Reorganization Was Discriminatory
Shell was hit with a federal lawsuit this week accusing it of implementing a "pretextual departmental reorganization" that discriminated against several white employees.
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August 28, 2025
Ex-State Farm VP Sues Activists Over Secretly Recording Date
A former State Farm executive has sued political activist James O'Keefe and a woman who lied about her intentions to date him, claiming they violated Illinois' eavesdropping statute by secretly recording his comments about State Farm's diversity efforts and rate hikes and later posting misleading videos of him, costing him his job.
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August 28, 2025
Ga. Atty Sues Former Firm For Failing To Pay Final Wages
A Georgia attorney has filed suit against her former employer, John Foy and Associates PC, over "threatening emails" she said she received after she was fired and a final paycheck that she reportedly never got.
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August 28, 2025
Trump Fires Democratic Member Of Rail Regulator
President Donald Trump on Thursday fired a Democratic member of the Surface Transportation Board who has opposed further consolidation in the rail industry, ousting Robert Primus just as the board prepares to consider the proposed megamerger between Union Pacific and Norfolk Southern.
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August 28, 2025
PBGC Must Reconsider Bakery Union's $132M Bailout Bid
The Pension Benefit Guaranty Corp. must formally reexamine whether union bakery drivers can collect $132 million from a federal pension rescue program, a New York federal judge said Thursday after lifting a stay on the order following the Second Circuit's decision to reject the agency's rehearing bid.
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August 28, 2025
Ex-Law Firm Worker Gets More Time To Give Info In Bias Suit
A New Jersey state judge gave the attorney for a woman suing a Garden State law firm in a workplace discrimination case additional time to respond to overdue discovery requests after he failed to reply for more than seven months.
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August 28, 2025
SkyWest Flight Attendants Want To End 10-Year Wage Case
SkyWest Airlines' flight attendants urged an Illinois federal court to dismiss the remainder of their suit accusing the airline of not paying them overtime and other wage violations, saying it would be the best way to end their almost 10-year-long case.
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August 28, 2025
FedArb Hires Ex-RTX Legal Chief As Commercial Mediator
California-based alternative dispute resolution service Federal Arbitration Inc., or FedArb, announced Wednesday the hiring of a former corporate vice president and chief litigation counsel at aerospace and defense conglomerate RTX Corp. as a Connecticut-based mediator and arbitrator focused on commercial matters.
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August 28, 2025
Judge Denies La. Athlete's Bid To Halt NCAA Eligibility Rules
A federal judge on Thursday declined to pause the NCAA's eligibility rules for a Southeastern Louisiana University athlete hoping to compete another year in track and field, ruling he has not shown he would suffer irreparable harm or that he was likely to succeed on his antitrust claims.
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August 28, 2025
Labor Atty Rejoins McGuireWoods After Food Company Stint
McGuireWoods LLP announced Wednesday that it has welcomed an alumnus back to its labor and employment team following his stint as an associate general counsel for packaged meat company Smithfield Foods Inc.
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August 28, 2025
Delta's $12M Wage Deal Gets Initial Greenlight
A $12 million settlement between Delta Air Lines and a class of about 5,000 workers who claimed wage and hour violations can go forward, a California federal judge ruled, finding the deal to be fair and reasonable.
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August 28, 2025
Federal Reserve Gov. Lisa Cook Sues Trump To Block Firing
Federal Reserve Gov. Lisa Cook filed suit in federal court in Washington, D.C., on Thursday challenging President Donald Trump's "unprecedented and illegal attempt" to remove her from her position.
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August 27, 2025
DOJ Throws Lifeline To J&J At 3rd Circ. After $1.6B FCA Loss
A district judge made multiple errors in an opinion and jury instructions underpinning a staggering False Claims Act verdict tied to Johnson & Johnson's drug marketing practices, and a fresh look is needed "under a correct view of the law," the U.S. Department of Justice told the Third Circuit on Wednesday.
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August 27, 2025
Seattle Asks Court To Bar Feds From Yanking Grants Over DEI
The city of Seattle has urged a federal court to block the Trump administration from enforcing two executive orders that condition federal grants on recipients abandoning the promotion of diversity, equity and inclusion or "gender ideology," saying the conditions are unconstitutional and jeopardize several of the city's critical public services.
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August 27, 2025
Target Warehouse Workers Sue Over Unpaid Walking Time
Target didn't pay its warehouse employees for time spent walking to and from their assigned areas where they must clock in and out for shifts, amounting to between $1,000 and $2,000 per year in unpaid wages for each worker, according to a proposed class action in New York federal court.
Expert Analysis
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Employer Tips As Memo Broadens Religious Accommodations
A recent Trump administration memorandum seeking to expand religion-related remote work accommodations for federal workers continues the trend of prioritizing religious rights in the workplace, which should alert all employers as related litigation shows no signs of slowing down, say attorneys at Seyfarth Shaw.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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5th Circ. Ruling Signals Strife For Employers Navigating ADA
While the Fifth Circuit’s recent decision in Strife v. Aldine Independent School District demonstrates that speed is not a perfect shield against workers' Americans with Disabilities Act claims, it does highlight how courts may hold employers liable for delays in the interactive accommodation process, say attorneys at Krevolin & Horst.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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4th Circ. Clarifies Employer Duties For ADA Accommodations
The Fourth Circuit's recent decision in Tarquinio v. Johns Hopkins indicates that an employer's obligation to provide accommodations under the Americans with Disabilities Act may never arise if an employee obstructs the process, underscoring that ADA protections depend on cooperation between both parties, say attorneys at Hunton.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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9 Jury Selection Lessons From The Combs Trial
U.S. District Judge Arun Subramanian’s unusually thorough jury selection process for the trial of Sean Combs offers attorneys and judges a master class in using case-specific juror questionnaires and extended attorney-led voir dire to impanel better juries that produce more just outcomes, say Kevin Homiak at Wheeler Trigg and Leslie Ellis at The Caissa Group.
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9th Circ.'s Trade Secrets Ruling Is A Win For DTSA Plaintiffs
The Ninth Circuit's recent decision in Quintara v. Ruifeng shifts the balance in federal trade secret litigation toward a more flexible, discovery-driven process, meaning that plaintiffs may be more likely to pursue claims under the Defend Trade Secrets Act, and early motions to strike or dismiss will face steep odds, say attorneys at Cooley.
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NY Bill Would Complicate Labor Law Amid NLRB Uncertainty
The New York Legislature passed a bill that, if enacted, would grant state agencies the power to enforce federal labor law, potentially causing significant challenges for employers as they could be subject to both state and federal regulators depending on the National Labor Relations Board's operational status, say attorneys at Sheppard Mullin.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Calif. Arbitration Fee Ruling Gives Employers Slight Leeway
The California Supreme Court's decision in Hohenshelt v. Superior Court of Los Angeles County offers a narrow lifeline that protects employers from losing arbitration rights over inadvertent fee payment delays, but auditing arbitration agreements and implementing payment tracking protocols can ensure that deadlines are always met, say attorneys at Buchalter.
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When Misconduct Can Trigger Bank Industry Employment Ban
The Federal Reserve Board recently settled an enforcement action in which a former employee of a Wyoming bank was banned from banking for conduct she allegedly committed at an entity unrelated to the bank, raising questions about the scope of regulatory enforcement authority, says Travis Nelson at Polsinelli.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Mitigating Employer Liability Risk Under Sex Assault Rule
The American Law Institute's newly approved rule expands vicarious liability to employers for certain sexual assaults that employees commit, which could materially increase employers' exposure unless they strengthen safeguards around high-risk roles, say attorneys at Morgan Lewis.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.