Employment

  • September 04, 2025

    5th Circ. Seems Open To United Workers' COVID Vax Class

    The Fifth Circuit wrestled Thursday with allowing a group of United Airlines employees to pursue classwide claims that they were illegally forced to take unpaid leave after seeking exemptions from the company's COVID-19 vaccine mandate, with two judges appearing receptive to letting a certification order stand.

  • September 04, 2025

    Settlement Reached In Harassment Suit Against Fox Sports

    A lawsuit accusing prominent figures at Fox Sports of sexual harassment — including an allegation that popular host Skip Bayless offered $1.5 million for sex — has been dismissed by a California state judge after a hairstylist who formerly worked for the network reached a settlement with Fox Sports and the personalities.

  • September 04, 2025

    Why The Harvard Funding Case Is 'Clear As Mud' On Appeal

    A sweeping Harvard University victory in a suit challenging President Donald Trump's block on $2.2 billion in grant funding tees up a high-stakes appeal that experts say may turn on a wonky jurisdictional issue on which the U.S. Supreme Court seems to lack any sort of consensus.

  • September 04, 2025

    Wash. Justices Endorse Broad View Of Pay Transparency Law

    Washington state's high court held in a 6-3 ruling Thursday that a job applicant may sue a prospective employer for violating a state law requiring job postings to include wage scales without proving they are a "bona fide" or "good faith" applicant, rejecting employers' bid to narrow that definition amid a wave of lawsuits.

  • September 04, 2025

    Albertsons Says Kroger CEO Docs Fair Game In Del. Suit

    An attorney for Albertsons Companies Inc. told a Delaware vice chancellor Thursday the food and drugstore giant should get access to The Kroger Co.'s documents related to CEO Rodney McMullen's abrupt exit from the job months after the collapse of the two companies' planned $25 billion merger.

  • September 04, 2025

    1st Circ. Finds 'Just Enough' Evidence For USPS Bias Trial

    The First Circuit on Thursday breathed new life into a former U.S. Postal Service worker's case alleging she was skipped over for promotion because of her sex, concluding that her interviewer's remark about the feasibility of a woman in the job raises "serious questions."

  • September 04, 2025

    11th Circ. Buries Ex-Atlanta Worker's Harassment Suit

    The Eleventh Circuit won't revive a former city of Atlanta worker's suit alleging she was harassed and fired after reporting sexual harassment from a co-worker, a three-judge panel has decided, finding that she offered "no evidence" that her termination wasn't because of her refusal to return to work after months away.

  • September 04, 2025

    DC Circ. Probes NLRB's 'Successor' Bar After Loper Remand

    A D.C. Circuit panel pressed a National Labor Relations Board attorney Thursday to identify the board's legal basis for its so-called successor bar in a case that asks the court to ponder its deference to the NLRB following last year's U.S. Supreme Court ruling scaling back courts' respect for agencies' views.

  • September 04, 2025

    5th Circ. Panel Presses NLRB Over 'Menu Of Remedies' 

    A Fifth Circuit judge pushed counsel for the National Labor Relations Board to explain why make-whole remedies should cover things like late fees on credit cards or child care costs, asking Thursday if the agency wished to put companies out of business.

  • September 04, 2025

    Ex-CEO Should Start Sentence For Tax Crimes, Court Told

    A former software executive convicted of failing to pay employment taxes should not be allowed again to delay reporting to prison, the government told a North Carolina federal court Thursday, saying the man's new dental issues weren't serious enough to stop him from beginning his sentence.

  • September 04, 2025

    Top NIH Scientists Allege Retaliation For Defending Vaccines

    Two prominent infectious disease scientists have filed whistleblower complaints with the U.S. Office of Special Counsel, claiming illegal retaliation by the Trump administration for challenging administrative actions, including those they believed undermined vaccine efficacy and endangered public safety.

  • September 04, 2025

    2nd Circ. Says Prison Violated Tribal Rights Of Two Inmates

    Two Native American inmates can pursue their First Amendment claims against Connecticut prison officials after they were barred from participating in sweat lodge and smudging ceremonies, the Second Circuit determined, saying there was no penological justification for the request denials.

  • September 04, 2025

    Employee Deposition Redo Ordered In Kimberly-Clark Bias Suit

    The attorney for a former Kimberly-Clark employee pursuing discrimination claims against the paper goods company must foot the bill for his client's makeup deposition after he repeatedly violated court rules in the first interview, an Alabama federal judge has ruled.

  • September 04, 2025

    DOL Details Independent Contractor, Joint Employer Plans

    The U.S. Department of Labor is planning to undo an independent contractor rule and potentially put in place guidance on joint employer liability, among other updates, according to a regulatory agenda unveiled Thursday. Here’s a look at the wage and hour actions in the agenda.

  • September 04, 2025

    Apple Affiliate Wants To Untie Classes After Wage Verdict

    A Fourth Circuit decision undoing classes of Bojangles managers is a significant change of law that should dismantle five classes in a wage and hour suit that snagged $839,000 from an Apple-affiliated repair company, the company told a North Carolina federal court.

  • September 04, 2025

    Unions Defend Challenge To Federal Work Safety Agency Cuts

    Unions representing nurses, teachers, miners and factory workers have asked a Washington, D.C., federal judge to preserve their challenge to the Trump administration's cuts to the National Institute of Occupational Safety and Health, saying they have standing to sue because they "rely on NIOSH's lifesaving work."

  • September 04, 2025

    PBM Rule Included In DOL Benefits Arm's Regulatory Update

    The U.S. Department of Labor's employee benefits arm detailed several new regulations in the works Thursday, including a new fee disclosure rule involving pharmacy benefit managers and plans to revisit retirement plan fiduciary investment advice regulations, according to the administration's latest regulatory update.

  • September 04, 2025

    Appliance Co. Avoids EEOC Suit Over Worker's Long COVID

    A Colorado federal judge tossed a U.S. Equal Employment Opportunity Commission suit claiming an appliance retailer illegally fired a worker who requested more medical leave to treat her long COVID, ruling the agency failed to show how she made a formal accommodation request.

  • September 04, 2025

    Purdue Pharma Approved For $17.5M In Ch. 11 Bonus Plans

    Bankrupt pharmaceutical company Purdue Pharma LP received approval from a New York judge Thursday to pay more than $17.5 million in employee bonuses, mirroring the bonus structures of the last few years since the company commenced its Chapter 11 case.

  • September 04, 2025

    NFL, Broncos Want Ex-Player's Reshuffled Weed Suit Tossed

    A former NFL player's deletion of references to the league's collective bargaining agreement should not save his suit against the NFL over his punishment for violating its substance abuse policy, the league and his former team told a Colorado federal judge in a bid to drop the suit.

  • September 04, 2025

    EEOC Hit With LGBTQ+ Bias Charge From Ex-Official

    The U.S. Equal Employment Opportunity Commission's walkback on enforcing sexual orientation and gender identity discrimination protections has fostered a hostile environment for LGBTQ+ people within the agency, a former commission senior official said in a discrimination charge announced Thursday.

  • September 04, 2025

    Fisher Phillips Hires Liff Walsh Employment Group Leader

    The former leader of Liff Walsh & Simmons' employment and labor practice, who worked as a counselor to the solicitor of the U.S. Department of Labor and in several other public service roles, has joined Fisher Phillips as a partner in Washington, D.C.

  • September 03, 2025

    TikTok, Chinese Co.'s $845M IP Fight Heads To October Trial

    A California federal judge refused to fully grant TikTok Inc. summary judgment or a terminating-sanctions win in a Chinese company's $845 million lawsuit accusing the social media giant of stealing video-editing tool trade secrets and infringing its copyrights, finding that the dispute must go to an October jury trial.

  • September 03, 2025

    7th Circ. Backs AbbVie's Win Against Ex-Sales Rep's FCA Suit

    The Seventh Circuit declined to revive a former AbbVie employee's False Claims Act retaliation suit alleging he faced repercussions for refusing to push Vraylar's off-label use to treat major depressive disorder, ruling Wednesday he didn't put AbbVie on notice that he reasonably believed it was defrauding the government. 

  • September 03, 2025

    Solicitor General Defends Supreme Court's NLRB Firing Order

    The federal government's top U.S. Supreme Court lawyer, speaking at a conference Wednesday, defended an emergency-docket ruling allowing the president to fire a member of the National Labor Relations Board.

Expert Analysis

  • Opinion

    Lawsuits Shouldn't Be Shadow Assets For Foreign Capital

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    Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • How To Accelerate Your Post-Attorney Career Transition

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    Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.

  • Key Takeaways From The 2025 Spring Antitrust Meeting

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    Leadership changes, shifting priorities and evolving enforcement tools dominated the conversation at the recent American Bar Association Spring Antitrust Meeting, as panelists explored competition policy under a second Trump administration, agency discretion under the 2023 merger guidelines and new frontiers in conduct enforcement, say attorneys at Freshfields.

  • Running A Compliant DEI Program After EEOC, DOJ Guidance

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    Following recent guidance from the U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice that operationalized the Trump administration's focus on ending so-called illegal DEI, employers don't need to eliminate DEI programs, but they must ensure that protected characteristics are not considered in employment decisions, say attorneys at Holland & Knight.

  • Series

    Law School's Missed Lessons: Be An Indispensable Associate

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    While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.

  • NWSL's $5M Player Abuse Deal Shifts Standard For Employers

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    The National Women's Soccer League's recent $5 million settlement addressing players' abuse allegations sends a powerful message to leagues, entertainment entities and employers everywhere that employee safety, accountability and transparency are no longer optional, say attorneys at Michelman & Robinson.

  • Mass. AG Emerges As Key Player In Consumer Protection

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    Through enforcement actions and collaborations with other states — including joining a recent amicus brief decrying the defunding of the Consumer Financial Protection Bureau — Massachusetts Attorney General Andrea Campbell has established herself as a thought leader for consumer protection and corporate accountability, say attorneys at Troutman Pepper.

  • Series

    Birding Makes Me A Better Lawyer

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    Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.

  • What To Know About Restrictions On Former Federal Workers

    Excerpt from Practical Guidance
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    Amid reductions to the federal workforce, agency counsel should be mindful that workers who are leaving government employment will still be covered by federal ethics restrictions upon their departure, including recusal requirements and temporary and permanent bans, says Rex Iacurci at LexisNexis.

  • Series

    Adapting To Private Practice: From DOJ Leadership To BigLaw

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    The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.

  • In-House Expert Testimony Is Tricky, But Worth Considering

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    Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.

  • Issues To Watch At ABA's Antitrust Spring Meeting

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    Attorneys at Freshfields consider the future of antitrust law and competition enforcement amid agency leadership changes and other emerging developments likely to dominate discussion at the American Bar Association's Antitrust Spring Meeting this week.

  • Tracking Changes To AI Evidence Under Federal Rules

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    As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.

  • Navigating The Use Of AI Tools In Workplace Investigations

    Excerpt from Practical Guidance
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    Artificial intelligence tools can be used in workplace investigations to analyze evidence and conduct interviews, among other things, but employers should be aware of the legal and practical risks, including data privacy concerns and the potential for violating antidiscrimination laws, say attorneys at Fisher Phillips.

  • Law Firm Executive Orders Create A Legal Ethics Minefield

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    Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.

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