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Employment
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June 06, 2025
Mich. Farm Labor Contractor Trafficked Workers, Jury Finds
A Michigan federal jury on Friday ruled that a migrant farmworker contractor engaged in forced labor, finding in favor of five farmworkers who said they were coerced into working long hours without pay.
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June 06, 2025
Supreme Court Limits Discovery In FOIA Suit Against DOGE
The U.S. Supreme Court halted discovery Friday into whether the Department of Government Efficiency is an agency subject to the Freedom of Information Act, but left the door open to future, more tailored inquiries about the inner workings of the initiative.
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June 06, 2025
Pharma Co. Trade Secrets Case Stays In Fla. Despite HQ Move
A Florida federal judge on Friday denied a bid to toss a pharmaceutical company's lawsuit accusing a rival of stealing trade secrets because its headquarters moved to the Sunshine State after its initial complaint, saying there was "complete diversity at the time of filing of action."
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June 06, 2025
Chancery Pauses Meta Privacy Suit For EU, Ireland Actions
A Delaware court on Friday paused a pension fund stockholder suit seeking documents on data privacy violations made by Meta Platforms Inc. that led to a €1.2 billion ($1.4 billion) fine from European authorities.
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June 06, 2025
Full 11th Circ. Asked To Rethink Workplace Attack Case
An employee has asked the en banc Eleventh Circuit to rethink its ruling that wholesale restaurant supply store McLane Foodservice Inc. is not liable for injuries suffered by an employee who was set on fire at work by a former partner, arguing it took too narrow a view on foreseeability.
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June 06, 2025
Calif. Says Nonprofit Can't Challenge Captive Meeting Law
California's labor commissioner asked a federal court Friday to toss a lawsuit challenging the state's law prohibiting so-called captive audience meetings, arguing that the nonprofit that sued to block the law lacks standing because it hasn't sufficiently alleged an injury or "a credible threat of prosecution."
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June 06, 2025
Unions Say Agencies Can't Handle Resignation Offer Dispute
Three federal worker unions urged a Massachusetts federal judge not to toss their challenge to the president's deferred resignation offer, saying the personnel agencies the government wants to send their suit to can't decide their claims or give them a fair shake.
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June 06, 2025
Employment Authority: Straight Bias Case Could Trigger Suits
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with how the U.S. Supreme Court's decision reviving a straight woman's workplace discrimination suit could trigger a surge in cases from so-called majority groups, the birthright citizenship case at the U.S. Supreme Court could start a debate over the role nationwide injunctions play in wage and hour law, and what to expect from a case in the Eighth Circuit mulling Home Depot's challenge to the National Labor Relations Board's ruling that it illegally forced out a worker who wrote "BLM" on their apron.
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June 06, 2025
Ore. Pot Regulators Say No Contract In Firing Suit
The Oregon Liquor and Cannabis Commission is urging a federal court to throw out a suit from its former deputy director alleging that the OLCC breached his employment agreement by firing him following a whiskey pocketing scandal, saying the state's Statute of Frauds voids the alleged employment agreement.
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June 06, 2025
LA Complex Civil Litigation Judge Joins JAMS As Mediator
JAMS has welcomed a retired Los Angeles County Superior Court judge to its roster who spent more than three decades on the bench, where he presided over individual matters, as well as complex civil litigation from mass torts, labor, toxic contamination and insurance disputes.
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June 06, 2025
Split DC Circ. Says IAF CEO Can Stay In Role
A split D.C. Circuit panel refused to block the reinstatement of the head of a federal agency that invests in Latin America and the Caribbean, concluding that the Trump administration's firing of the official was "likely invalid."
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June 06, 2025
9th Circ. Won't Boost Interest Rate For Worker's FMLA Win
The Ninth Circuit declined to upend an order applying the federal rate instead of a higher Washington state rate when calculating prejudgment interest that a federal jury awarded to a worker in his lawsuit accusing a manufacturer of firing him for taking leave, saying his federal claim guided his litigation strategy.
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June 06, 2025
Teachers Want $218K In Costs After Pay Bias Trial Win
Counsel representing two female teachers should receive nearly $218,000 in costs following a jury trial in which the workers were awarded $165,000 over claims that a Pennsylvania school district paid them less than men, the teachers told a federal court.
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June 06, 2025
Mich. Judge OKs $200K Deal In Pot Co. Tip-Theft Action
A Michigan federal judge on Friday granted initial approval of a $205,000 settlement to end a collective action alleging the owner of a chain of Michigan dispensaries withheld portions of tips meant to go to retail workers.
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June 06, 2025
DOGE Can Access Social Security Data For Now, Justices Say
The U.S. Supreme Court ruled 6-3 Friday that the Department of Government Efficiency could obtain unlimited access to Social Security Administration data on millions of Americans while a legal dispute over privacy concerns plays out.
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June 06, 2025
Civil Rights Groups Demand Senate Scrutinize EEOC Nominees
Nearly 50 civil and workers' groups are urging the Senate Committee on Health, Education, Labor and Pensions to hold confirmation hearings for Andrea Lucas and Brittany Panuccio, acting chair and commissioner nominee, respectively, for the U.S. Equal Employment Opportunity Commission, to further scrutinize their records.
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June 06, 2025
Truck Drivers Urge 9th Circ. To Reverse OT Exemption Ruling
Truck drivers said a California federal court focused on the wrong shipper when it ruled that they were overtime-exempt under the Fair Labor Standards Act, urging the Ninth Circuit to flip the decision granting a win to a food distributor.
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June 06, 2025
Ex-Wells Fargo Atty Wins Arbitration Bid In Trade Secrets Suit
A former senior in-house counsel for Wells Fargo Advisors won his bid to make the bank arbitrate claims he absconded with confidential information and coordinated a mass resignation of other staff when he left to work at a competing advisory firm.
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June 06, 2025
Trump Seeks High Court's OK On Education Dept. Job Cuts
The Trump administration has urged the U.S. Supreme Court to lift a Massachusetts federal judge's order halting massive job cuts at the U.S. Department of Education, arguing that the judge's finding that almost 1,400 employees must be reinstated to ensure the department's continued operation "has no basis in reality."
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June 06, 2025
Lewis Brisbois Adds Gordon Rees Atty To Lead KC Office
Lewis Brisbois Bisgaard & Smith LLP has hired a partner from Gordon Rees Scully Mansukhani LLP to serve as managing partner of its Kansas City office and bolster its capacity to handle commercial litigation and employment matters.
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June 06, 2025
Firm Fights Bid To Remand Florida Whistleblower Suit
Insurance litigation firm Matthiesen Wickert & Lehrer SC pushed back against a whistleblower's request to have her case remanded to state court, arguing that the amount sought in the case satisfies the $75,000 minimum to stay in federal court.
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June 06, 2025
Expert Witness Biz Says Ex-Worker Stole Trade Secrets
Litili, a company that connects expert witnesses to attorneys working on civil cases, has brought a lawsuit in California state court against its former account representative, alleging she took the firm's confidential proprietary business information and used it in her new role at a competing business.
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June 06, 2025
Union Pacific Seeks End Of BIPA Case After Late Filings
Union Pacific Railroad Co. claims that it is entitled to an immediate win on claims it violated truck drivers' biometric privacy rights, days after an Illinois federal judge struck the plaintiffs' opposition papers to Union Pacific's summary judgment motion because they missed filing deadlines.
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June 06, 2025
Off The Bench: NASCAR Antitrust Saga, White Sox Transfer
In this week's Off The Bench, an appeals court says Michael Jordan's auto racing team cannot compete amid an antitrust suit against NASCAR, the Chicago White Sox start a long ownership transfer process, and the woman who accused a college football coach of sexual harassment sues the university over its handling of the complaint.
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June 05, 2025
OneTaste Founder Tells Jury Racy Details Are a Distraction
Counsel for OneTaste co-founder Nicole Daedone on Thursday told a Brooklyn federal jury that Daedone's provocative teachings involving "orgasmic meditation" don't matter to the forced labor conspiracy charges she and her deputy face, unlike the free will of those who say they were victimized.
Expert Analysis
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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DOJ Immigration Playbook May Take Cues From A 2017 Case
A record criminal resolution with a tree trimming company accused of knowingly employing unauthorized workers in 2017 may provide clues as to how the U.S. Department of Justice’s immigration crackdown will touch American companies, which should prepare now for potential enforcement actions, says Jonathan Porter at Husch Blackwell.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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How Justices Rule On Straight Bias May Shift Worker Suits
Following oral argument at the U.S. Supreme Court in Ames v. Ohio Department of Youth Services, in which a heterosexual woman sued her employer for sexual orientation discrimination, the forthcoming decision may create a perfect storm for employers amid recent attacks on diversity, equity and inclusion, say attorneys at Proskauer.
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Rebuttal
6 Reasons Why Arbitration Offers Equitable Resolutions
Contrary to a recent Law360 guest article, arbitration provides numerous benefits to employees, consumers and businesses alike, ensuring fair and efficient dispute resolution without the excessive fees, costs and delays associated with traditional litigation, say attorneys at Proskauer.
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PG&E Win Boosts Employers' Defamation Defense
A California appeals court's recent Hearn v. PG&E ruling, reversing a $2 million verdict against PG&E related to an ex-employee’s retaliation claims, provides employers with a stronger defense against defamation claims tied to termination, but also highlights the need for fairness and diligence in internal investigations and communications, say attorneys at Kaufman Dolowich.
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Jurisdiction Argument In USAID Dissent Is Up For Debate
A dissent refuting the U.S. Supreme Court’s recent order directing the U.S. Agency for International Development to pay $2 billion in frozen foreign aid argued that claims relating to already-completed government contract work belong in the U.S. Court of Federal Claims – answering an important question, but with a debatable conclusion, says Steven Gordon at Holland & Knight.
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How Importers Can Minimize FCA Risks Of Tariff Mitigation
False Claims Act risks are inherent in many tariff mitigation strategies, making it important for importers to implement best practices to identify and report potential violations of import regulations before they escalate, says Samuel Finkelstein at LMD Trade Law.
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Explaining CFPB's Legal Duties Under The Dodd-Frank Act
While only Congress can actually eradicate the Consumer Financial Protection Bureau, the Trump administration has sought to significantly alter the agency's operations, so it's an apt time to review the minimum baseline of activities that Congress requires of the CFPB in Title X of the Dodd-Frank Act, say attorneys at Bradley Arant.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Employer Tips To Navigate Cultural Flashpoints Investigations
As companies are increasingly flooded with complaints of employees violating policies related to polarizing social, cultural or political issues, employers should beware the distinct concerns and increased risk in flashpoints investigations compared to routine workplace probes, say attorneys at Seyfarth.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Class Actions At The Circuit Courts: March Lessons
In this month's review of class actions appeals, Mitchell Engel at Shook Hardy discusses three federal appellate court decisions and identifies practice tips from cases involving antitrust allegations against coupon processing services, consumer fraud and class action settlements.
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A Path Forward For Employers, Regardless Of DEI Stance
Whether a company views the Trump administration's executive orders ending diversity, equity and inclusion programs as a win or a loss, the change rearranges the employment hazards companies face, but not the non-DEI and nondiscriminatory economic incentive to seek the best workers, says Daniel S. Levy at Advanced Analytical Consulting Group.