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Employment
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May 13, 2025
FTC To Keep Focus On Key Sectors, Address Personal Liberty
The head of the Federal Trade Commission's Bureau of Competition said Tuesday the agency will remain focused on healthcare, technology and labor issues as enforcers also work to ensure corporate power does not infringe on personal liberties.
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May 13, 2025
Ex-Defender Can't Block Mystery Info In Sex Bias Case Appeal
The federal government can submit additional documents from a district court case record in an appeal by a former assistant public defender in North Carolina who accused the federal judiciary of sex bias, the Fourth Circuit ruled Tuesday over the assistant public defender's objections.
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May 13, 2025
1st Circ. Vacates $10M Severance Win Over Drafting Error
The First Circuit threw out a judgment that valued a departing technology executive's severance payout at $10.2 million due to a mistake in the contract, ruling that the company's intended offer of $680,000 in total value could also be reasonably construed from the text of the deal.
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May 13, 2025
NLRB Urges 5th Circ. To Stand By Its OK Of Exxon Vacatur
The Fifth Circuit should stand by its decision that the National Labor Relations Board correctly vacated Exxon Mobil's win in an agency case after learning that a board member who presided over the litigation had a stake in the company, the agency told the appellate court.
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May 13, 2025
Ga. Justices Revives Claim Over Med Student's Negligence
The Georgia Supreme Court on Tuesday revived a woman's claim seeking to hold two doctors vicariously liable for a medical student's alleged negligence during a hysterectomy, saying there are questions about whether the student was acting as their servant at the time.
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May 13, 2025
Gov't Wants 6 Months For IUOE's Ex-Prez In DOL Forms Case
Federal prosecutors requested a six-month prison sentence for a former International Union of Operating Engineers general president after he pled guilty to failure to disclose $315,000 worth of event tickets and additional benefits in annual reports to the U.S. Department of Labor, while the ex-union leader sought probation.
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May 13, 2025
Venable Wants Out Of 'It Ends With Us' Subpoena
Venable LLP asked a D.C. federal judge to toss a subpoena of the firm stemming from litigation between actors Blake Lively and Justin Baldoni over the movie "It Ends with Us," accusing Baldoni and his production company of embarking on an "unwarranted fishing expedition."
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May 13, 2025
Walmart Settles Biometric Privacy Suit Ahead Of June Trial
Walmart and a driver for Walmart's grocery delivery platform have resolved his claims that the platform's identity verification process violates Illinois' biometric privacy law by scanning geometric facial data in their selfies and licenses to authenticate an applicant's identity without informed consent.
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May 13, 2025
Former X Exec Can Drop His Bonus Suit, Avoiding Sanctions
A former X Corp. executive can drop his suit accusing the social media company of failing to pay out bonuses after Elon Musk took over, a California federal judge ruled, rejecting the company's bid to sanction him for knowing his case was baseless from the start.
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May 13, 2025
Cleaning Co. Paying $1M To Resolve Mass. Wage Claims
A Massachusetts commercial cleaning company has agreed to pay nearly $1 million in penalties and restitution for violating the state's wage and hour laws, the Massachusetts Office of the Attorney General announced Tuesday.
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May 13, 2025
5th Circ. Says Gaps In Testimony Doom Deepwater Suit
The Fifth Circuit has affirmed the exclusion of expert testimony in a worker's toxic tort suit against BP Exploration & Production Inc. over cancer he says he developed after cleaning up the 2010 Deepwater Horizon spill, saying there are "fatal analytical flaws" in the expert's opinion and upholding a win for the oil company.
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May 13, 2025
Fintech Co. Cheated Workers Out Of Wages, Calif. Suit Claims
A fintech company owes its employees minimum wage and overtime after it failed to pay them for the time they spent booting up their computers, missed breaks and a limiting on-call policy, a proposed class action in California state court said.
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May 13, 2025
Employee Benefits Partner Joins Seyfarth From McDermott
Seyfarth Shaw LLP has added an employee benefits partner in Chicago who spent the past 19 years at McDermott Will & Emery LLP.
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May 12, 2025
Management Co. Can't Nab Early Win In OT Suit, Court Told
Workers alleging a staffing and project management company failed to pay proper overtime rates urged a Georgia federal judge to deny its bid for summary judgment, saying the company dressed up hourly wages as salaries to dodge overtime obligations.
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May 12, 2025
Ex-Twitter Workers Say Musk Reneged On Severance Promise
Four former Twitter employees in Illinois filed a lawsuit in federal court on Monday, the latest to launch federal contract claims against Twitter, Elon Musk and his newly named X platform over Musk's allegedly illegal decision to pay laid-off workers less severance than was promised for the first year post-acquisition.
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May 12, 2025
DC Circ. Has 'Duty To Intervene' To Protect CFPB, Union Says
A union representing employees of the Consumer Financial Protection Bureau has urged the D.C. Circuit to keep in place a lower court injunction barring the agency from stopping work and firing staff, asserting ahead of oral arguments this week that the Trump administration is trying to "place the executive branch above the law."
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May 12, 2025
UAW Drops Claim Over Frozen Unemployment Benefits
The United Automobile, Aerospace and Agricultural Workers of America agreed to drop its claim that the Michigan Unemployment Insurance Agency violated an agreement to better investigate potentially fraudulent claims as long as the agency takes steps to comply with the deal.
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May 12, 2025
Ex-Ga. Teacher Aims To Keep COVID Leave Claims Alive
A former Fulton County, Georgia, teacher who said she was forced out of her job by her district's refusal to accommodate her disability during the COVID-19 pandemic has urged a federal judge to keep her suit alive, objecting to a magistrate judge's finding that she waited too long to act on her allegations.
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May 12, 2025
Unions Tell Justices To Protect Privacy In Social Security Case
Two unions and an advocacy group argued Monday that there's no need for the U.S. Supreme Court to make it easier for the Department of Government Efficiency to access the Social Security Administration's data on millions of Americans, claiming requiring the supposed fraud-busting team to follow protocol doesn't constitute an emergency.
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May 12, 2025
Ex-Liberty VP Can Shield Health Info In Bias Suit, For Now
A Black former Liberty Mutual vice president and senior talent adviser got a temporary sealing order Monday in her race bias suit against the insurer, with a North Carolina magistrate judge stating that certain documents including her personal health information would be protected until her permanent sealing bid is resolved.
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May 12, 2025
Alcoa Retirees, Unions Tell Judge Not To Halt Benefits Order
A group of retirees and unions asked an Indiana federal judge not to pause his order requiring Alcoa USA Corp. to reinstate lifetime healthcare benefits, arguing the company isn't likely to win at the Seventh Circuit and delaying the district court's decision harms elderly class members.
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May 12, 2025
Wiretap Evidence Allowed In $200M Forced Labor Case
A Georgia federal judge has accepted a magistrate judge's recommendation that wiretap evidence be allowed into the prosecution of an alleged $200 million international forced labor scheme.
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May 12, 2025
Pet Treat Maker Doesn't Fully Pay Employees, Suit Says
A pet product manufacturer with locations in Illinois and Colorado has been hit with proposed class and collective accusations in federal court in Chicago that the company illegally fails to pay employees for key work tasks they perform before and after their shifts.
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May 12, 2025
Walmart, Transportation Manager End OT Suit
Walmart and a transportation operations manager have agreed to end the worker's suit in Georgia federal court accusing the retailer of misclassifying her as overtime-exempt under the Fair Labor Standards Act, according to a joint filing Monday.
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May 12, 2025
Unions Assert WARN Claims In Yellow Bankruptcy Appeal
The Teamsters and the International Association of Machinists are challenging a bankruptcy court's finding that Yellow Corp. is not liable for failing to tell 22,000 union workers they were about to lose their jobs because the company was folding, asking a Delaware federal judge to reverse the ruling.
Expert Analysis
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Religious Accommodation Lessons From $12.7M Vax Verdict
A Michigan federal jury’s recent $12.7 million verdict against Blue Cross Blue Shield of Michigan starkly reminds employers of the risks they face when assessing employees’ religious accommodation requests, highlighting pitfalls to avoid and raising the opportunity to consider best practices to follow, say attorneys at Williams & Connolly.
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What To Expect In Higher Ed Enforcement Under Trump
Colleges and universities should prepare for shifting priorities, as President-elect Donald Trump is likely to focus less on antitrust cases and more on foreign relations policy, while congressional oversight of higher education continues to increase, say attorneys at Steptoe.
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Series
NY Banking Brief: All The Notable Legal Updates In Q4
In 2024's final quarter, the New York State Department of Financial Services published guidance on mitigating the rising cybersecurity risks of artificial intelligence and remote technology workers with North Korean ties, and the state attorney general launched an antitrust investigation into Capital One's proposed Discover merger, say attorneys at Haynes Boone.
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How Trial Attys Can Wield Amended Federal Evidence Rules
Trial lawyers should assess recent amendments to four Federal Rules of Evidence and a newly enacted rule on illustrative aids to determine how to best use the rules to enhance pretrial discovery and trial strategy, says Stewart Edelstein, former litigation chair at Cohen & Wolf.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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Lessons From United's Axed Win In Firing Over Online Pics
In Wawrzenski v. United Airlines, a California state appeals court revived a flight attendant’s suit over her termination for linking photos of herself in uniform to her OnlyFans account, providing a cautionary tale for employers navigating the complexities of workplace policy enforcement in the digital age, say attorneys at ArentFox Schiff.
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3 Factors Affecting Retail M&A Deals In 2025
Retailers considering mergers and acquisitions this year face an evolving antitrust environment, including a new administration under President-elect Donald Trump, revised merger guidelines and a precedent set last year by a canceled $8.5 billion handbag merger, say attorneys at DLA Piper.
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How Trump Admin May Approach AI In The Workplace
Key indicators suggest that the incoming Trump administration will adopt a deregulatory approach to artificial intelligence, allowing states to fill the void, so it is critical that employers pay close attention to developing legal authority concerning AI tools, say attorneys at Littler.
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Top 10 Legal Issues This Year For Transportation Industry GCs
General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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What 2024's Noncompete Turmoil Means For Banks In 2025
A look back at the most significant legal challenges to the enforceability of various restrictive covenants like noncompete and nonsolicitation agreements in 2024 can help financial institutions address the use of these critical tools this year, say attorneys at Maynard Nexsen.
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Lessons Learned From 2024's Top FMLA Decisions
Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.
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New Year, New Risks: 8 Top Cyber Issues For Finance In 2025
As financial institutions forge ahead in 2025, they must strike a delicate balance between embracing technological innovation and guarding against its darker threats, which this year could include everything from supply chain vulnerabilities to deepfakes, say attorneys at Baker Donelson.
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Lessons Learned From 2024's Top ADA Decisions
Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.