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Employment
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August 12, 2025
Ogletree Adds PE Firm's Associate GC As Utah Shareholder
Ogletree Deakins Nash Smoak & Stewart PC has added the former associate general counsel for private equity and venture capital firm Fifth Partners as a shareholder in its Salt Lake City office.
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August 12, 2025
Software Co. Says Exec's New AI Job Breaches Noncompete
Software-as-a-service firm Anaplan Inc. says a recently promoted vice president who oversaw development of its "first to market" artificial intelligence enterprise planning tool CoModeler has breached noncompete and nonsolicitation agreements by jumping to a direct competitor.
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August 12, 2025
Paralegal's Bias Suit Fails To Show ADA Violation, Firm Says
The Driscoll Firm PC, which was accused of unfairly firing a paralegal after she disclosed her cancer recurrence, told a North Carolina federal court it should be freed from the lawsuit because the former worker didn't allege she was guaranteed protection under several federal laws.
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August 11, 2025
Shepherds' Wage-Fixing Suit Survives Another Dismissal Bid
A Nevada federal court has rejected a ranching association's latest attempt to claim immunity from a proposed class action accusing the association and its members of conspiring to suppress the wages of sheepherders who are working on temporary visas.
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August 11, 2025
$63M Trade Secrets Suit Over DOD Software Axed
A Virginia federal judge Monday axed what remained of a former technology company employee's lawsuit seeking $63 million over claims that unauthorized copies of his software were used to develop an alternative software for the U.S. Department of Defense.
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August 11, 2025
2nd Circ. Revives Ex-Fed Worker's COVID Vax Exemption Suit
The Second Circuit has revived a former employee's claims against the Federal Reserve Bank of New York over its COVID-19 vaccination requirement, saying Monday there was a disputed issue of fact over whether the executive assistant had a genuine religious objection.
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August 11, 2025
Philly Cop Not Too Late To Seek Benefits For Mental Health
A Philadelphia police officer who was beaten by a suspect while responding to a robbery call can add post-traumatic stress disorder and depression to his existing workers' compensation claims, with the Commonwealth Court ruling that it was permissible since the symptoms were not identified as compensable until after the original claim was filed.
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August 11, 2025
4th Circ. Revives Union Member's Bid To Sue Machinists
A divided Fourth Circuit panel has given a union member another shot at accusing the International Association of Machinists' president and secretary-treasurer of misusing IAM funds on personal travel, saying Monday that she took the necessary steps to raise the matter internally before filing suit.
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August 11, 2025
What To Watch In Mega Union Pacific-Norfolk Southern Tie-Up
Union Pacific and Norfolk Southern's bold plan to create the nation's first transcontinental railroad owned by a single firm would transform freight transportation in the U.S., but it must first clear a heightened standard for reviewing mega rail mergers that hasn't yet been tested since the standard was set 24 years ago.
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August 11, 2025
DOJ Touts Merger, Rental Algorithm Deals, Eyeing More
The head of the U.S. Department of Justice's Antitrust Division on Monday touted two recent settlements, in a merger case and in the RealPage algorithmic rent-fixing litigation, as indications that Trump administration enforcers will focus on algorithm-based price-fixing and are willing to "negotiate favorable settlements."
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August 11, 2025
Ex-Market Basket Execs Accused Of Flouting Stay-Away Order
Two high-level Market Basket executives fired last month amid a struggle over control of the popular New England grocery chain have made dozens of improper visits to the stores in a campaign to intimidate employees into going along with plans for another work stoppage, according to a complaint filed by the company on Monday in Massachusetts state court.
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August 11, 2025
Split 8th Circ. Revives Minn. Suit Over Union Leave
The Eighth Circuit on Monday revived a First Amendment challenge to a Minnesota school district policy that allows teachers to take paid leave to work for their union, saying the district spending public funds on benefits for teachers engaged in political actions gave residents standing to sue as taxpayers.
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August 11, 2025
Posner Accuser Wants Roberts To Pick Judges For Wage Case
The pro se plaintiff seeking to revive wage claims against retired Seventh Circuit Judge Richard A. Posner has filed an opposed motion asking the circuit's chief judge to request U.S. Chief Justice John Roberts assign out-of-circuit judges to preside over the case, arguing the circuit judges cannot be impartial.
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August 11, 2025
Charlotte Housing Authority Seeks To Split Bias Trial In Two
Charlotte's public housing authority Inlivian asked a North Carolina federal judge Monday to divvy up a former coordinator's upcoming workplace retaliation and discrimination trial into two parts so punitive damages are resolved separately.
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August 11, 2025
WWE Accuser Can Get Doctor's Records, But Not Depositions
The former World Wrestling Entertainment Inc. legal staffer who is suing the company on sex trafficking and abuse claims can access medical and billing records from her visits to a celebrity doctor, but she can't conduct any depositions without filing a separate lawsuit, a Connecticut state court judge ruled Monday.
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August 11, 2025
EPA Cancels Union Contracts Under Trump Order
The U.S. Environmental Protection Agency has canceled its collective bargaining agreements in line with President Donald Trump's directive to dozens of agencies to stop recognizing their workers' unions, which he said was to protect national security.
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August 11, 2025
Nestlé Faces Suit Over Alleged Child Labor In Supply Chain
A human rights group is claiming Nestlé has known of child labor being used throughout its West African cocoa supply chain and yet still marketed its "zero tolerance to child labor" policy in a new suit moved to D.C. federal court Friday.
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August 11, 2025
Fisher Phillips Adds Back Kahana Feld Labor Atty In Calif.
Fisher Phillips is expanding its West Coast team, announcing Monday a Kahana Feld LLP labor and employment ace is returning to the firm as a partner its Orange County office in Irvine, California.
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August 11, 2025
Fired PGA Tour Reporter Says Vaccine, Mask Objections Legit
A former PGA Tour on-air talent, who was terminated for not complying with COVID-19 protocols, has told a Florida federal court that a trial is the appropriate vehicle through which to analyze whether her religious objections were "bona fide," and that the question cannot be addressed at the summary judgment stage.
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August 11, 2025
NJ Says Subpoenas In Judge's Removal Suit Directly Relevant
New Jersey urged a state court to reject a bid by a former workers' compensation judge to quash its subpoenas in her suit over her removal from the bench, arguing that the material is directly relevant to its defenses.
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August 11, 2025
6th Circ. Bucks EEOC With Strict View On Client Harassment
An employer can only be held liable for a customer's harassment of an employee if the company intended for the misconduct to happen, the Sixth Circuit ruled, a strict stance that breaks with long-standing U.S. Equal Employment Opportunity Commission guidelines and other circuit case law.
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August 08, 2025
Fired Copyright Office Director Takes Fight For Job To DC Circ.
The ousted head of the U.S. Copyright Office brought the fight over President Donald Trump's termination of her to the D.C. Circuit on Thursday, where she asked for an emergency injunction to reinstate her while she challenges her "patently unlawful removal."
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August 08, 2025
Feds Aim To Dismiss ABA's 'Law Firm Intimidation Policy' Suit
The Trump administration on Friday asked a Washington, D.C., federal judge to throw out a lawsuit from the American Bar Association claiming the federal government has launched an unconstitutional war of intimidation against lawyers and law firms.
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August 08, 2025
Employment Authority: Recap Of 5 Major Wage-Hour Deals
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on a more than $200 million minimum wage settlement involving Disneyland and other major wage-and-hour deals at this point in 2025, a look at how a recent opinion from a divided Seventh Circuit panel shows judges' varying interpretations the U.S. Supreme Court's Groff ruling and the potential shifts in collection and reporting of union membership data after President Trump's firing of the Bureau of Labor Statistics commissioner.
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August 08, 2025
Trans Ex-Teacher Says His Fla. Constitution Claims Are Valid
A transgender former teacher has opposed a county school district's bid to toss his Florida federal court lawsuit claiming he was forced to quit after a new law required him to use incorrect pronouns at work, saying his suit should go forward under the state constitution.
Expert Analysis
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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.
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When Physical And Cyber Threats Converge: 6 Tips For Cos.
Amid an ongoing trend of increased digital threats of harm made against corporations, organizations and high-profile individuals, an emerging legal framework is providing a risk management road map for general counsel and their teams to navigate the increasingly fraught landscape, say attorneys at Covington.
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4 Ways To Leverage A Jury's Underdog Perceptions
Counsel should consider how common factors that speak to their client's size, power, past challenges and alignment with jurors can be presented to try and paint their client as a sympathetic underdog, says Ken Broda-Bahm at Persuasion Strategies.
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Wash. Justices' Moonlight Ruling Should Caution Employers
The Washington Supreme Court's recent decision in David v. Freedom Vans, which limited when employers can restrict low-wage workers from moonlighting, underscores the need for employers to narrowly tailor restrictive covenants, ensuring that they are reasonable and allow for workforce mobility, say attorneys at Perkins Coie.
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Why Hiring Former Jurors As Consultants Can Be Risky
The defense team's decision to hire former juror Victoria George in the high-profile retrial of Karen Read shines a spotlight on this controversial strategy, which raises important legal, ethical and tactical questions despite not being explicitly prohibited, says Nikoleta Despodova at ND Litigation.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Trump's 1st 100 Days Show That Employers Must Stay Nimble
Despite the aggressive pace of the Trump administration, employers must stay abreast of developments, including changes in equal employment opportunity law, while balancing state law considerations where employment regulations are at odds with the evolving federal laws, says Susan Sholinsky at Epstein Becker.