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Employment
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January 12, 2026
Supreme Court Won't Disturb 9th Circ. Severance Suit Revival
The U.S. Supreme Court refused Monday to disturb a Ninth Circuit ruling that restarted two former microchip manufacturer employees' class action alleging their employer illegally revoked severance benefits following a merger, turning down an employer-side petition for review of the case.
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January 12, 2026
Catching Up With Delaware's Chancery Court
The Delaware Chancery Court closed out the week with developments ranging from leadership changes in a $13 billion take-private case and posttrial sparring over a major earnout to fresh governance fights, revived fraud claims and sanctions tied to advancement rights.
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January 12, 2026
Neb. Bill Would Allow Income Tax Deductions For Tips, OT
Nebraska would allow individual income tax deductions for tips and overtime pay under a bill introduced in the state's unicameral Legislature.
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January 12, 2026
High Court Turns Away Texas Tech Prof's Retaliation Fight
The U.S. Supreme Court declined a Texas Tech University professor's invitation Monday to review a Fifth Circuit ruling that found a former business school dean did not have to face the instructor's retaliation suit claiming he faced professional blowback for his anti-tenure opinions.
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January 12, 2026
Justices Seek SG's View In Military Shipbuilders' Wage Row
The U.S. Supreme Court on Monday asked the solicitor general to weigh in on a petition filed by U.S. military shipbuilders challenging a proposed class action accusing them of suppressing naval architects' wages through a no-poach "gentlemen's agreement."
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January 12, 2026
High Court Turns Down Chance To Review McDonnell Douglas
The U.S. Supreme Court rejected an invitation Monday by a former medical school dean to rethink a five-decade-old precedent for evaluating discrimination claims that several conservative justices have recently indicated should get a fresh look.
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January 12, 2026
Justices Pass On Houston Hospital Workers' COVID Vax Fight
The U.S. Supreme Court declined Monday to hear a challenge to a Houston hospital's win in a lawsuit brought by a group of employees who said they were unlawfully terminated after refusing the COVID-19 vaccine.
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January 12, 2026
Justices Won't Weigh Collective Cert. Process In Eli Lilly Case
The U.S. Supreme Court declined on Monday to review whether courts should stick with a long-standing two-step analysis for certifying collective actions in an age discrimination case against Eli Lilly and Co. that could have affected wage and hour litigation.
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January 09, 2026
Up Next At High Court: Pollution Lawsuits & Trans Athletes
The U.S. Supreme Court will kick off the new year by hearing disputes over the constitutionality of state laws banning transgender female athletes from female-only sports and whether state or federal courts are the proper forum for lawsuits seeking to hold major oil companies accountable for harm caused by their oil production activities along Louisiana's coast.
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January 09, 2026
Ill. Judge Refuses Fla. United Pilot's Vax Mandate Case
An Illinois federal judge who has handled several employment disputes over United Airlines' allegedly illegal handling of COVID-19 vaccination policy exemption requests said Friday that he's "done" adding more to his plate as he rejected the airline's request to accept a pilot's case recently transferred from Florida.
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January 09, 2026
Goldberg Segalla Fights Ex-IP Co-Chair's $4M Arbitration Bid
An arbitration fight Goldberg Segalla LLP initiated against a former co-chair of its intellectual property group over proceeds from transferred cases spilled into New York state court, where the firm is seeking relief from his counterclaims that it shorted him nearly $4 million in compensation.
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January 09, 2026
Employment Authority: Oral Args, NYC Wage Rules To Watch
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with a roundup of oral arguments to watch in discrimination cases, an update on the status of National Labor Relations Board fill-in laws, and a preview of how New York City wage laws could look under Mayor Zohran Mamdani.
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January 09, 2026
Worker's Poor Performance Dooms Bias Suit, 4th Circ. Says
The Fourth Circuit declined to revive a Black USPS worker's retaliation suit claiming her white boss crafted a paper trail to oust her after she filed a race bias complaint against him, ruling Friday that she couldn't overcome evidence that her repeated performance issues got her temporarily fired, not bias.
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January 09, 2026
College HR Worker Claims Immunity In Suit Over Kirk Posts
A Florida college human resources employee urged a federal court Friday to toss a First Amendment violation claim brought by a former grant accountant who alleged wrongful termination for posting about the assassination of Charlie Kirk on social media, saying she's entitled to qualified immunity.
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January 09, 2026
Hacking Claims Tossed In Cannabis Co.'s Trade Secrets Suit
Claims that an ex-employee stole confidential trade secrets and took them over to a rival cannabis manufacturer will have to be refiled in state court, a New Jersey federal judge ruled, saying the worker didn't violate federal hacking laws.
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January 09, 2026
Ex-NRA President's Fla. Lawsuit Survives Dismissal Bid
A Florida federal judge on Friday refused to toss claims from the former president of the National Rifle Association that the organization wrongly used her name, image and likeness on its website for fundraising, rejecting arguments the case amounted to a shotgun pleading.
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January 09, 2026
Ex-CTA Bus Driver's Disability Bias Claims Will Go To Trial
An Illinois federal judge Thursday refused to grant summary judgment to the Chicago Transit Authority on a former bus driver's disparate treatment and failure to accommodate claims, clearing the way for the dispute over her 2022 firing to go to trial in April.
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January 09, 2026
Judge Denies 'Fatally Untimely' Bid For New Poaching Trial
A Boston federal judge has denied what she called a "fatally untimely" motion for a new trial after a jury handed Cynosure LLC a $25 million verdict against two former employees who the company said caused other employees to breach their noncompete and nonsolicitation agreements.
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January 09, 2026
4 Argument Sessions That Benefits Attys Should Watch In Jan.
The U.S. Supreme Court will zero in on the methodology for assessing liability for pulling out of a multi-employer pension fund, and the circuit courts will hear bids to revive suits over alleged 401(k) mismanagement and deferred compensation. Here, Law360 looks at a quartet of oral arguments coming up in January.
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January 09, 2026
DC Circ. Won't Rethink MSPB Firing Ruling
The D.C. Circuit's decision to permit the president's removal of Merit Systems Protection Board member Cathy Harris despite her statutory job protections will stand after the full court declined to rehear her firing challenge Friday.
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January 09, 2026
Seyfarth Names New Labor & Employment Chair In Seattle
One of the youngest equity partners in Seyfarth Shaw LLP's 80-year history has been named chair of the firm's labor and employment practice for the Seattle office, the firm has announced.
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January 09, 2026
Engineer Claims Co. Fired Her Over Refusal To Falsify Docs
A Colorado manufacturing company fired its chief engineer after she raised concerns about false information included in a request for a quote submitted to a U.S. Department of Energy contractor and failed to pay her wages, the worker claimed in a suit in Colorado federal court.
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January 09, 2026
Calif. Wage Suit Settles Months After Atty Admits To AI Mishap
A proposed wage and hour class action that drew the legal world's attention in November after the plaintiff's counsel admitted to using a half-dozen artificial intelligence tools to prepare a botched motion has now ended, with a Northern California federal judge granting a joint dismissal following a settlement agreement.
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January 09, 2026
NLRB Must Face Agency Atty's Speech Suppression Suit
The National Labor Relations Board can't exit a field attorney's suit over her advocacy work with an environmental nonprofit, a Washington federal judge has ruled, finding that she has adequately alleged that her work doesn't violate a federal conflict of interest statute.
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January 09, 2026
Call Center Dodges Worker Misclassification Suit
A group of call center workers' wage suit is an "impermissible shotgun pleading" and warrants dismissal, a Florida federal judge has ruled, agreeing to toss the workers' proposed class action accusing a call center company of misclassifying them as independent contractors.
Expert Analysis
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Challenges Law Firms Face In Recruiting Competitor Teams
Since the movement of lawyer teams from a competitor can bring legal considerations and commercial risks into play, both the target and recruiting firms should be familiar with the relevant limited liability partnership deed to protect their business, say lawyers at Fox & Partners.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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Forced Labor Bans Hold Steady Amid Shifts In Global Trade
As businesses try to navigate shifting regulatory trends affecting human rights and sustainability, forced labor import bans present a zone of relative stability, notwithstanding outstanding questions about the future of enforcement, say attorneys at Simpson Thacher.
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Grappling With Workforce-Related Immigration Enforcement
To withstand the tightening of workforce-related immigration rules and the enforcement uptick we are seeing in the U.S. and elsewhere, companies must strike a balance between responding quickly to regulatory changes, and developing proactive strategies that minimize risk, say attorneys at Fragomen.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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How Courts Are Addressing The Use Of AI In Discovery
In recent months, several courts have issued opinions on handling discovery issues involving artificial intelligence, which collectively offer useful insights on integrating AI into discovery and protecting work product in connection with AI prompts and outputs, says Philip Favro at Favro Law.
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Trans Bias Suits Will Persist Despite EEOC's Shifting Priorities
In U.S. Equal Employment Opportunity Commission v. Sis-Bro, an Illinois federal court let a transgender worker intervene in a bias suit that the EEOC moved to dismiss, signaling that the agency's pending gender identity-related actions will carry on even as its priorities shift to align with the new administration, say attorneys at Venable.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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Reverse Bias Rulings Offer Warning About DEI Quotas
Several recent holdings confirm that targeted or quota-based diversity programs can substantiate reverse discrimination claims, especially when coupled with an adverse action, so employers should exercise caution before implementing such policies in order to mitigate litigation risk, says Noah Bunzl at Tarter Krinsky.
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4 In-Flux Employment Law Issues Banks Should Note
Attorneys at Ogletree provide a midyear update on employment law changes that could significantly affect banks and other financial service institutions — including federal diversity equity and inclusion updates, and new and developing state and local artificial intelligence laws.
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New DOJ Penalty Policy Could Spell Trouble For Cos.
In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.
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Mulling Worker Reclassification In Light Of No Tax On OT
The One Big Beautiful Bill Act's no-tax-on-overtime provisions provide tax relief for employees who regularly work overtime and are nonexempt from the Fair Labor Standards Act, but reclassifying employees may lead to higher compliance costs and increased wage and hour litigation for employers, says Steve Bronars at Edgeworth Economics.
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7 Ways Employers Can Avoid Labor Friction Over AI
As artificial intelligence use in the workplace emerges as a key labor relations topic in the U.S. and Europe, employers looking to reduce reputational risk and prevent costly disputes should consider proactive strategies to engage with unions, say attorneys at Baker McKenzie.
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Series
Playing Baseball Makes Me A Better Lawyer
Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.
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What Cos. Must Note From EU's Delivery Hero-Glovo Ruling
The European Commission’s recent landmark decision in Delivery Hero-Glovo, sanctioning companies for the first time over a stand-alone no-poach cartel agreement, underscores the potential antitrust risks of horizontal cross-ownership between competitors, say lawyers at McDermott.