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Employment
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July 31, 2025
NC Judge Questions Barings' Bid For Ex-Employees' Emails
A North Carolina business court judge seemed leery Thursday of forcing former Barings' employees to fork over their personal emails and text messages as part of a deposition notice, suggesting Barings was trying to bypass U.K. law to get information from a foreign witness in its suit alleging former executives conducted a "corporate raid" to start a competing credit platform.
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July 31, 2025
6th Circ. Doubts Union Failed Fire Chief Accused Of Threats
A federal appellate panel appeared unlikely based on oral arguments Thursday to revive a suit by a former fire chief at a Michigan paper mill who allegedly threatened coworkers but claimed that the United Steelworkers shirked its representation duties by failing to fight the company's decision to fire him.
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July 31, 2025
J&J Fired Sales Worker Who Reported Pay Issue, Suit Says
Johnson & Johnson wrongly credited a former executive sales representative's sales to another worker, leading to lost earned commissions, and then fired him once he complained, the former employee said in a suit in Texas federal court.
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July 30, 2025
DOJ Flags 'Unlawful Discrimination' To Gov't Fund Recipients
The U.S. Department of Justice has outlined what it considers "unlawful discrimination" that federal funding recipients must avoid, including diversity, equity and inclusion programs, transgender athletes and "proxy" discrimination of assessing a job applicant's "cultural competence."
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July 30, 2025
Judge Presses Both Sides On Denver Wage Ordinance Fight
A Colorado federal judge had a slew of questions Wednesday for attorneys regarding competing motions for dismissal and summary judgment in two employment companies' case against the city and county of Denver alleging officials overstepped in their attempt to audit wage violations.
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July 30, 2025
Newmark Seeks Del. Nod For Ex-Broker Equity Sanctions
Global commercial real estate giant Newmark Holdings Inc. has sued for a Delaware Court of Chancery declaratory judgment confirming cancellation of cash, stock or restricted shares potentially earned by a Midwest contractor and his company, alleging secret handoffs of prospects and deals to a competitor.
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July 30, 2025
9th Circ. Tells DOL To Hand Over Workforce Data To Reporters
The Ninth Circuit said Wednesday that the U.S. Department of Labor must release federal contractor demographic reports to the Center for Investigative Reporting, backing a lower court's order that the data can't be concealed from the public under the concern that it contains commercial information.
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July 30, 2025
Mich. Appeals Panel Settles Split On Notice Rule Retroactivity
A special Michigan Court of Appeals panel said on Tuesday that a state high court ruling enforcing a notice requirement for lawsuits against the state is retroactive, resolving a conflict within the intermediate appellate court and upholding the dismissal of a correction worker's suit.
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July 30, 2025
Gas Co., Fired Exec Agree To End Stock Options Dispute
A former executive agreed to resolve her lawsuit accusing a gas company of refusing to let her exercise millions of dollars' worth of stock options and then firing her for complaining, a filing in Virginia federal court said.
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July 30, 2025
Judge Denies Fired Copyright Chief's Reinstatement Bid
A D.C. federal judge ruled Wednesday that the fired leader of the U.S. Copyright Office cannot immediately be reinstated while she challenges her termination by the Trump administration, saying she has not shown irreparable harm to herself or that the agency "will grind to a halt without her."
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July 30, 2025
UFC Fighters Seek Penalty For Discovery Delays In Wage Spat
Fighters suing UFC over allegations of wage suppression have asked a Nevada federal judge to impose terminating sanctions on the organization and its parent company, TKO Operating Co. LLC, for failing to turn over court-ordered documents.
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July 30, 2025
VP Says Management Co. Still Owes $178K Of Bonus
A workforce and performance management company still owes its executive vice president of engineering and solutions about $178,000 of a bonus, according to a lawsuit in Georgia federal court.
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July 30, 2025
Senate Panel Advances 2 Bipartisan Bills Boosting ESOPs
A key Senate panel advanced two bills Wednesday that would change federal benefits law related to employee stock ownership plans, or ESOPs, by providing businesses additional legal cover when they make company stock valuations and by adding ESOP representatives to a federal advisory board.
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July 30, 2025
Union Pension Fund Asks 8th Circ. To Strike GE's $230M Win
A Missouri federal judge used the wrong approach when weighing GE's eligibility for a pension law exemption intended for construction employers, a union pension fund told the Eighth Circuit, saying the approach let GE skirt $230 million in pension obligations by painting an exaggerated picture of its construction employment.
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July 30, 2025
Truist Triggered Employee Exodus, Not Ex-Execs, Court Told
Three former executives who helmed the real estate finance arm of Truist Financial Corp. and their new employer are seeking a pretrial win in the bank's poaching case, telling a North Carolina state court judge they aren't to blame for Truist's alleged bad business decisions.
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July 30, 2025
Black Atty Alleges McDermott Fired Her Because Of Her Race
McDermott Will & Emery LLP failed to address racist comments made during a diversity presentation, kept Black attorneys out of leadership and fired a Black associate who complained that she was repeatedly sidelined because of her race, the former employee alleged Wednesday in Illinois federal court.
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July 30, 2025
Noem Hit With Religious Discrimination Suit Over Ayahuasca
A Florida woman alleges in a new federal discrimination lawsuit that U.S. Customs and Border Protection rescinded her job offer after she disclosed her religious practice includes consumption of ayahuasca tea, a federally controlled substance.
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July 30, 2025
Moncler Faces Don-Doff PAGA Suit
A former Moncler employee has slapped the luxury fashion brand with a Private Attorneys General Act suit in California state court, claiming it shorted them by not paying for time spent getting into and out of uniforms and undergoing bag checks before starting their shifts.
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July 30, 2025
Workday Wants Firm DQ'd Over Privileged Info In Atty's Suit
Attorneys at Webb Law Group APC should be disqualified from representing an ex-Workday Inc. attorney in his bias suit against the company and should face sanctions for their "egregious behavior" in disclosing privileged information in a publicly filed document, Workday told a California federal magistrate judge.
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July 30, 2025
Calif. Health Group Says Insurer Must Cover Discovery Costs
California's largest private health foundation told a federal court that a Berkshire Hathaway-owned insurer failed to cover roughly $400,000 in discovery costs the foundation incurred from an executive's now-settled wrongful termination lawsuit, arguing the insurer breached its obligations despite accepting coverage twice.
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July 30, 2025
Database Administrator Was Employee, Court Told
A former database administrator was misclassified as an independent contractor, he alleged in a proposed class and collective action in New York federal court against companies including Express Scripts and Cigna, saying he was effectively an employee.
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July 30, 2025
Rising Star: Seyfarth's Leo Li
Leo Li of Seyfarth Shaw LLP has championed clients facing wage-and-hour class actions and California Private Attorneys General Act claims, including by securing a win on appeal for a Southern California Pizza Hut franchisee after a decade of litigation involving thousands of delivery drivers, earning him a spot among employment law practitioners under age 40 honored by Law360 as Rising Stars.
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July 30, 2025
NJ County Dispatchers' Pay Affected By Bias, Union Says
Camden County, New Jersey, pays telecommunication services workers who fall under protected classes — such as veterans and people of color — less than their counterparts who are not classified as such, a Communications Workers of America unit said in a proposed class action.
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July 30, 2025
4th Circ. Backs Farm Worker's $2.5M Award For Amputation
The Fourth Circuit affirmed a $2.5 million jury verdict favoring a former North Carolina farm worker who lost his lower leg to a grain silo auger, finding the farm tried to raise new arguments on appeal that were never before the district court.
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July 30, 2025
2nd Circ. Hands Clerk Another Shot At Free Speech Firing Suit
A Second Circuit panel reinstated a suit Wednesday from a court clerk who claimed she was fired for aiding an investigation into an ethics complaint against her former boss, ruling the lower court incorrectly found that her duties as a government worker shielded her from constitutional protection.
Expert Analysis
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Bias Suit Shows WNBA Growing Pains On Court And In Court
A newly filed disability discrimination and retaliation lawsuit against the Los Angeles Sparks is the latest in a series of employment discrimination disputes filed by WNBA professionals, highlighting teams' obligation to meet elevated workplace expectations and the league's role in facilitating an inclusive work environment, say attorneys at Michelman & Robinson.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Weathering Policy Zig-Zags In Gov't Contracting Under Trump
To succeed amid the massive shift in federal contracting policies heralded by President Donald Trump's return to office, contractors should be prepared for increased costs and enhanced False Claims Act enforcement, and to act swiftly to avail themselves of contractual remedies, says Jacob Scott at Smith Currie.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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2 Areas Of Labor Law That May Change Under Trump
Based on President Donald Trump's recent moves, employers should expect to see significant changes in the direction of law coming out of the National Labor Relations Board, particularly in two areas where the Trump administration will seek to roll back the Biden NLRB's changes, says Daniel Johns at Cozen O’Connor.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Justices' Revival Ruling In Bias Suit Exceeds Procedural Issue
The U.S. Supreme Court's recent ruling in Waetzig v. Halliburton allowed the plaintiff in an age discrimination lawsuit to move to reopen his case after arbitration, but the seemingly straightforward decision on a procedural issue raises complex questions for employment law practitioners, says Christopher Sakauye at Dykema.
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Bid Protest Spotlight: Prejudice, Injunctions, New Regulations
In this month's bid protest roundup, Markus Speidel at MoFo looks at three recent decisions that consider whether a past performance evaluation needs to show prejudice to be successfully challenged, the prerequisites for injunctive relief and the application of new regulatory requirements to indefinite-delivery, indefinite-quantity contracts.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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How To Create A Unique Jury Profile For Every Case
Instead of striking potential jurors based on broad stereotypes or gut feelings, trial attorneys should create case-specific risk profiles that address the political climate, the specific facts of the case and the venue in order to more precisely identify higher-risk jurors, says Ken Broda-Bahm at Persuasion Strategies.
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9 Considerations For Orgs Using AI Meeting Assistants
When deciding to use artificial intelligence meeting assistants, organizations must create and implement a written corporate policy that establishes the do's and don'ts for these assistants, taking into account individualized business operations, industry standards and legal and regulatory requirements, say attorneys at Faegre Drinker.
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IRS Scrutiny May Underlie Move Away From NIL Collectives
The University of Colorado's January announcement that it was severing its partnership with a name, image and likeness collective is part of universities' recent push to move NIL activities in-house, seemingly motivated by tax implications and increased scrutiny by the Internal Revenue Service, say attorneys at Buchanan Ingersoll.
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What's At Stake In High Court Transgender Care Suit
The outcome of U.S. v. Skrmetti will have critical implications for the rights of transgender youth and their access to gender-affirming care, and will likely affect other areas of law and policy involving transgender individuals, including education, employment, healthcare and civil rights, say attorneys at ArentFox Schiff.
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Considerations As Trump Admin Continues To Curtail CFPB
Recent sweeping moves from the Consumer Financial Protection Bureau's new leadership have signaled a major shift in the agency's trajectory, and regulated entities should prepare for broader implications in both the near and long term, say attorneys at Pryor Cashman.
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6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'
The U.S. Supreme Court’s Loper Bright ruling created a twilight zone between express statutory delegations that trigger agency deference and implicit ones that do not, but the Sixth Circuit’s recent ruling in Moctezuma-Reyes v. Garland crafted a two-part test for resolving cases within this gray area, say attorneys at Wiley.