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Employment
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August 28, 2025
10th Circ. Told Okla. 'Race Theory' Law Must Go
The Tenth Circuit is being told it must ensure academic freedom for the students of Oklahoma, whose constitutional rights and "the very nature of the classroom as a place that nurtures inquiry and discussion" are being undermined by a state law restricting what they can be taught.
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August 28, 2025
Email Excluded From Harassment Suit Against Paxton Deputies
A Texas federal judge on Thursday struck an email from a sexual harassment lawsuit brought against the founders of a law firm founded by former top attorneys in the Texas attorney general's office, but said the plaintiff could conduct discovery regarding the email.
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August 28, 2025
'Still A Mess': Colo. Special Session Fails To Deliver AI Clarity
During its recently concluded special session, the Colorado Legislature extended the implementation deadline for the state's groundbreaking artificial intelligence law but failed to make any substantial changes to the legislation, leaving companies to face continued uncertainty on the scope of liability and other pressing issues.
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August 28, 2025
Barings Denied Ex-Employee Emails In Corporate Raid Case
Investment giant Barings LLC can't force five former employees to hand over their personal emails and text messages in a corporate-raiding suit because their current employer doesn't have them, nor does it have a right to them, a North Carolina Business Court judge ruled.
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August 28, 2025
Local Gov'ts Seek Win In Suit Over HHS-Canceled Grants
Four local governments and a union asked a D.C. federal judge on Wednesday to declare that the U.S. Department of Health and Human Services acted unlawfully when it canceled $11 billion in grants awarded to improve public health systems around the country.
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August 28, 2025
Truist, Ex-Execs Clash In Bids To End Poaching Dispute
Charlotte, North Carolina-based Truist Financial Corp. and its mortgage banking arm resisted a bid for a pretrial win by its former executives' new employer, arguing that troves of evidence sustain its claims that over 50 employees were illegally poached, costing the bank tens of millions of dollars in losses.
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August 28, 2025
6th Circ. Backs Calculation Redo On $11M Fund Exit Liability
The Sixth Circuit on Wednesday backed a Michigan federal judge's determination that a pension fund's actuary must recalculate a paving company's withdrawal liability, citing recently clarified precedent and agreeing that an $11 million sum was erroneously calculated.
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August 28, 2025
Unions Urge Judgment Blocking DOGE's Agency Access
Unions and advocacy groups asked a Washington, D.C., federal judge Thursday for a win before trial in their lawsuit claiming agencies unlawfully provided Elon Musk's Department of Government Efficiency access to sensitive data, saying the agencies departed from their usual data access procedures without explanation.
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August 28, 2025
Ex-Katten Partner's $67M Age Bias Suit Stayed For Arbitration
A Manhattan federal judge stayed a $67 million discrimination lawsuit brought by a former Katten Muchin Rosenman LLP partner alleging the firm pushed him out of the aircraft-finance practice group, pressured him to resign and then fired him because of his age, saying there is an arbitration agreement at play.
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August 28, 2025
Religion Didn't Drive Ex-CTA Worker's Vax Refusal, Jury Hears
A former Chicago Transit Authority electrician hasn't met his burden of proving religious discrimination was behind his termination when he refused to be vaccinated against COVID-19, and his refusal was based on personal preference and health and safety concerns about the jab, an Illinois federal jury heard Thursday.
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August 28, 2025
White Workers Say Shell Reorganization Was Discriminatory
Shell was hit with a federal lawsuit this week accusing it of implementing a "pretextual departmental reorganization" that discriminated against several white employees.
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August 28, 2025
Ex-State Farm VP Sues Activists Over Secretly Recording Date
A former State Farm executive has sued political activist James O'Keefe and a woman who lied about her intentions to date him, claiming they violated Illinois' eavesdropping statute by secretly recording his comments about State Farm's diversity efforts and rate hikes and later posting misleading videos of him, costing him his job.
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August 28, 2025
Ga. Atty Sues Former Firm For Failing To Pay Final Wages
A Georgia attorney has filed suit against her former employer, John Foy and Associates PC, over "threatening emails" she said she received after she was fired and a final paycheck that she reportedly never got.
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August 28, 2025
Trump Fires Democratic Member Of Rail Regulator
President Donald Trump on Thursday fired a Democratic member of the Surface Transportation Board who has opposed further consolidation in the rail industry, ousting Robert Primus just as the board prepares to consider the proposed megamerger between Union Pacific and Norfolk Southern.
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August 28, 2025
PBGC Must Reconsider Bakery Union's $132M Bailout Bid
The Pension Benefit Guaranty Corp. must formally reexamine whether union bakery drivers can collect $132 million from a federal pension rescue program, a New York federal judge said Thursday after lifting a stay on the order following the Second Circuit's decision to reject the agency's rehearing bid.
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August 28, 2025
Ex-Law Firm Worker Gets More Time To Give Info In Bias Suit
A New Jersey state judge gave the attorney for a woman suing a Garden State law firm in a workplace discrimination case additional time to respond to overdue discovery requests after he failed to reply for more than seven months.
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August 28, 2025
SkyWest Flight Attendants Want To End 10-Year Wage Case
SkyWest Airlines' flight attendants urged an Illinois federal court to dismiss the remainder of their suit accusing the airline of not paying them overtime and other wage violations, saying it would be the best way to end their almost 10-year-long case.
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August 28, 2025
FedArb Hires Ex-RTX Legal Chief As Commercial Mediator
California-based alternative dispute resolution service Federal Arbitration Inc., or FedArb, announced Wednesday the hiring of a former corporate vice president and chief litigation counsel at aerospace and defense conglomerate RTX Corp. as a Connecticut-based mediator and arbitrator focused on commercial matters.
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August 28, 2025
Judge Denies La. Athlete's Bid To Halt NCAA Eligibility Rules
A federal judge on Thursday declined to pause the NCAA's eligibility rules for a Southeastern Louisiana University athlete hoping to compete another year in track and field, ruling he has not shown he would suffer irreparable harm or that he was likely to succeed on his antitrust claims.
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August 28, 2025
Labor Atty Rejoins McGuireWoods After Food Company Stint
McGuireWoods LLP announced Wednesday that it has welcomed an alumnus back to its labor and employment team following his stint as an associate general counsel for packaged meat company Smithfield Foods Inc.
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August 28, 2025
Delta's $12M Wage Deal Gets Initial Greenlight
A $12 million settlement between Delta Air Lines and a class of about 5,000 workers who claimed wage and hour violations can go forward, a California federal judge ruled, finding the deal to be fair and reasonable.
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August 28, 2025
Federal Reserve Gov. Lisa Cook Sues Trump To Block Firing
Federal Reserve Gov. Lisa Cook filed suit in federal court in Washington, D.C., on Thursday challenging President Donald Trump's "unprecedented and illegal attempt" to remove her from her position.
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August 27, 2025
DOJ Throws Lifeline To J&J At 3rd Circ. After $1.6B FCA Loss
A district judge made multiple errors in an opinion and jury instructions underpinning a staggering False Claims Act verdict tied to Johnson & Johnson's drug marketing practices, and a fresh look is needed "under a correct view of the law," the U.S. Department of Justice told the Third Circuit on Wednesday.
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August 27, 2025
Seattle Asks Court To Bar Feds From Yanking Grants Over DEI
The city of Seattle has urged a federal court to block the Trump administration from enforcing two executive orders that condition federal grants on recipients abandoning the promotion of diversity, equity and inclusion or "gender ideology," saying the conditions are unconstitutional and jeopardize several of the city's critical public services.
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August 27, 2025
Target Warehouse Workers Sue Over Unpaid Walking Time
Target didn't pay its warehouse employees for time spent walking to and from their assigned areas where they must clock in and out for shifts, amounting to between $1,000 and $2,000 per year in unpaid wages for each worker, according to a proposed class action in New York federal court.
Expert Analysis
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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.
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Combs Case Reveals Key Pretrial Scheduling Strategies
The procedural battles over pretrial disclosure deadlines leading up to the criminal trial of Sean “Diddy” Combs show how disclosure timing can substantially affect defendants’ ability to prepare and highlight several scheduling pointers for defense counsel, says Sara Kropf at Kropf Moseley.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.