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Employment
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August 15, 2025
Trump Admin Urges DC Circ. Not To Reinstate Copyright Chief
The Trump administration on Friday pressed the D.C. Circuit not to reinstate the ousted head of the U.S. Copyright Office while she challenges her removal, arguing that the termination was lawful and she cannot demonstrate that she was irreparably harmed by it.
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August 15, 2025
TikTok Judge Leans Against Discovery Sanctions In IP Case
A California federal judge overseeing a Chinese company's case accusing TikTok of stealing video-editing tool trade secrets and infringing the tool's copyrights said Friday she wasn't inclined to grant TikTok's request for sanctions ending the litigation over alleged discovery misconduct, adding she hasn't been "keen" at times on TikTok's behavior.
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August 15, 2025
Employment Authority: Calif. Justices Arb. Fee Ruling
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on a California Supreme Court's decision expanding arbitration fee leniency and setting up a new roadway for employer relief, what attorneys should know about how enforcement actions will look like after the U.S. Department of Justice's guidance on "unlawful" diversity, equity and inclusion, and how more disputes will be diverted away from the National Labor Relations Board after a recent memo from the board's acting general counsel instructed prosecutors to choose carefully when to send cases to contractural arbitration processes.
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August 15, 2025
5th Circ. Says PWFA Was Constitutionally Enacted
The U.S. Equal Employment Opportunity Commission was wrongly blocked from enforcing the Pregnant Workers Fairness Act against the state of Texas, the Fifth Circuit ruled Friday, saying the U.S. Constitution didn't require House lawmakers' physical presence to have a quorum when the statute was approved.
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August 15, 2025
White Police Officer Loses Race Bias Suit At 5th Circ.
A Fifth Circuit panel won't reinstate a white police officer's claim that his race motivated the department's decision not to promote him to captain, holding Friday that the Louisiana State Police put forth a nondiscriminatory reason for promoting a pair of nonwhite candidates.
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August 15, 2025
Split DC Circ. Says Federal Union Not Immune From Bias Suit
A divided D.C. Circuit panel on Friday reinstated a retired federal worker's discrimination lawsuit against a government workers union, with the majority pushing back on arguments that the allegations must be funneled through a special administrative process outside the courtroom.
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August 15, 2025
Ex-US Bank AI Chief Says He Was Pushed Out Over Race
The former head of U.S. Bank's artificial intelligence efforts has sued the bank, arguing he was subjected to a biased investigation, replaced by less-qualified white employees and had a new job offer rescinded after defamatory statements by bank employees, in retaliation for reporting race and religion discrimination.
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August 15, 2025
AFA-CWA Fights SkyWest Group's Counterclaims
The Association of Flight Attendants, a union organizer and a group of current and former SkyWest flight attendants have asked a Utah federal judge to toss most of the counterclaims in their suit accusing the airline of undermining a union drive, saying the SkyWest Inflight Association can't substantiate its allegations against them.
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August 15, 2025
NLRB Top Cop Says States Can't Act As Agency Stand-In
The National Labor Relations Board's acting general counsel opined Friday that federal law blocks pending state proposals to take on the agency's labor relations oversight even when the board can't perform certain functions because it lacks a quorum.
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August 15, 2025
4th Circ. Sides With Judiciary In Ex-Defender's Sex Bias Suit
The Fourth Circuit shot down a former assistant public defender's effort to revive her sexual harassment suit against the federal judiciary, finding Friday that her belief that the judiciary's internal complaint process was unfair, leading her to quit, was not reasonable.
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August 15, 2025
Lyft Could Face Blame In Connecticut Ax Murder, Judge Says
Lyft Inc. might be liable after one of its drivers brought an "aggressive" passenger carrying a 3-foot ax to a residential neighborhood, where he murdered a woman in front of her children, a Connecticut federal judge said Friday in advancing a lawsuit brought by the victim's estate.
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August 15, 2025
Engineering Consultant Says Ex-Principal Can't Jump To Rival
Engineering and environmental consulting firm Partner Assessment Corp. has asked a federal judge to block a former principal from taking a high-level role at another firm, saying the former employee violated a noncompete agreement by accepting a job at a direct competitor.
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August 15, 2025
X Denied Early Win In Ex-Worker's WARN Act Fight
A California federal court turned down X Corp.'s bid for an early win in a suit alleging Twitter employees weren't given proper notice of mass layoffs that followed Elon Musk's takeover of the social media company, citing disputes between the parties over why the ex-worker who sued was let go.
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August 15, 2025
Atty Urges Texas High Court To Take On Suit Over Firm Ouster
A former Branscomb PC partner is asking the Texas Supreme Court to reject a lower court's order compelling him to arbitrate a suit he brought against the firm's other partners accusing them of wrongfully ousting him.
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August 15, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Transport for London hit with a procurement claim by the operator of Oyster card, while Mastercard and Visa face claims from the Rocco Forte Hotel Group, and Liverpool Football Club lobbed a claim against a security company.
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August 15, 2025
Jackson Lewis Names New Leader In Austin
Employment law firm Jackson Lewis has tapped an experienced management-side employment litigator to serve as managing principal of its Austin, Texas, office.
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August 15, 2025
DC Circ. Paves Way For Trump Admin To Resume CFPB Cuts
A D.C. Circuit panel on Friday tentatively cleared President Donald Trump's administration to carry out mass layoffs at the Consumer Financial Protection Bureau, rejecting a lower-court hold on those efforts but giving time for groups representing consumers and agency workers to request an appeal.
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August 14, 2025
Ed. Dept. Effort To Bar School Diversity Programs Blocked
A Maryland federal judge on Thursday held that the U.S. Department of Education violated the constitution and Administrative Procedure Act when it issued guidance that took aim at school diversity programs, ruling that the "law does not countenance the government's hasty and summary treatment of these significant issues."
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August 14, 2025
Lizzo Touring Co. Wants Designer Sanctioned Over Health Info
Lizzo's touring company urged a California federal judge to sanction a former designer for failing to disclose records of receiving mental health treatment to support her emotional distress claim, arguing Wednesday it was forced to hire its own expert to examine her and prepare a rebuttal without those records.
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August 14, 2025
9th Circ. Won't Revive 3M Worker's Noncompete Dispute
The Ninth Circuit on Thursday declined to revive a former 3M Co. employee's lawsuit over a noncompete provision in his employment contract, agreeing with a Washington federal court's finding that the complaint failed to allege 3M actually enforced or leveraged the noncompete in violation of state law.
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August 14, 2025
Healthcare Co. Exec, GC Revealed Trade Secrets, Court Told
A preponderance of emails shows that former CEOs involved with a trio of healthcare and real estate companies shared financial documents and other intellectual property that were undoubtedly trade secrets, the companies' attorney told the North Carolina Business Court on Thursday.
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August 14, 2025
Grubhub, Driver Ink $24.8M Deal To End Decade-Long Dispute
Grubhub Inc. and a former delivery driver who accused the mobile food delivery platform of misclassifying him as an independent contractor have reached a $24.75 million settlement in his nearly decade-old lawsuit, with the driver deeming the deal an "excellent result" for a proposed settlement class of California drivers.
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August 14, 2025
Ex-Diversity Officer Sues NJ Hospital, Claiming Harassment
The former diversity and inclusion officer at New Jersey's only public acute-care hospital claimed she endured sexist and racial harassment before she was unlawfully pushed out of her job in violation of the state's Law Against Discrimination, according to a lawsuit filed in state court.
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August 14, 2025
Planet Fitness Shorted OT Pay, Ex-General Manager Says
A onetime Planet Fitness general manager has filed a collective action in Ohio federal court, alleging the gym failed to pay nonexempt employees overtime in violation of the Fair Labor Standards Act, and failed to maintain accurate records of time worked and amounts earned by and paid to employees.
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August 14, 2025
Trans Teacher's Battle Over Restrictive Fla. Law Put On Ice
A Florida federal judge ruled Wednesday that a state law regulating workplace pronouns violates Title VII of the Civil Rights Act but paused a lawsuit by a transgender public school teacher while the Eleventh Circuit considers another suit brought by a transgender sheriff's deputy in Georgia.
Expert Analysis
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A Simple Way Courts Can Help Attys Avoid AI Hallucinations
As attorneys increasingly rely on generative artificial intelligence for legal research, courts should consider expanding online quality control programs to flag potential hallucinations — permitting counsel to correct mistakes and sparing judges the burden of imposing sanctions, say attorneys at Lankler Siffert & Wohl and Connors.
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Viral Coldplay Incident Shows Why Workplace Policies Matter
The viral kiss cam incident at a recent Coldplay concert involving a CEO and a human resources executive raises questions about how employers can use their code of conduct or morality clauses to address off-the-clock behavior that may be detrimental to the company's reputation, says Masood Ali at Segal McCambridge.
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Cos. Must Tailor Due Diligence As Trafficking Risks Increase
As legislators, prosecutors and plaintiffs attorneys increasingly focus on labor and sex trafficking throughout the U.S., companies must tailor their due diligence strategies to protect against forced labor trafficking risks in their supply chains, say attorneys at Steptoe.
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Series
Creating Botanical Art Makes Me A Better Lawyer
Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.
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What To Expect As Calif. Justices Weigh Arbitration Fee Law
If the California Supreme Court’s upcoming ruling in Hohenshelt v. Superior Court holds that the Federal Arbitration Act does not preempt the California Arbitration Act's strict fee deadlines, employers and businesses could lose the right to arbitrate over minor procedural delays, say attorneys at Bird Marella.
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New Federal Worker Religious Protections Test All Employers
A recent Trump administration memorandum expanding federal employees' religious protections raises tough questions for all employers and signals a larger trend toward significantly expanding religious rights in the workplace, say attorneys at Seyfarth.
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Compliance Is A New Competitive Edge For Mortgage Lenders
So far, 2025 has introduced state and federal regulatory turbulence that is pressuring mortgage lenders to reevaluate the balance between competitive and compliant employee and customer recruiting practices, necessitating a compliance recalibration that prioritizes five key strategies, say attorneys at Mitchell Sandler.
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Noncompete Forecast Shows Tough Weather For Employers
Several new state noncompete laws signal rough conditions for employers, particularly in the healthcare sector, so employers must account for employees' geographic circumstances as they cannot rely solely on choice-of-law clauses, say lawyers at McDermott.
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.
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Opinion
Calif. Must Amend Trade Secret Civil Procedure
A California procedural law that effectively shields trade secret defendants from having to return company materials until the plaintiff can craft detailed requests must be amended to recognize that property recovery and trade secret analysis are distinct issues, says Matthew Miller at Hanson Bridgett.
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.
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Navigating Administrative Exhaustion In EEOC Charges
Excerpt from Practical Guidance
Before responding to a U.S. Equal Employment Opportunity Commission charge, employers should understand the process of exhausting administrative remedies and when it applies, and consider several best practices, such as preserving records and crafting effective position statements, says Matthew Gagnon at Ogletree.
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Opinion
Section 1983 Has Promise After End Of Nationwide Injunctions
After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.
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Corp. Human Rights Regulatory Landscape Is Fragmented
Given the complexity of compliance with nations' overlapping human rights laws, multinational companies need to be cognizant of the evolving approaches to modern slavery transparency, and proposals that could reduce mandatory due diligence and reporting requirements, say attorneys at Simpson Thacher.
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Justices' Decision Axing Retiree's ADA Claim Offers Clarity
The U.S. Supreme Court's holding in Stanley v. City of Sanford that protections under Title I of the Americans with Disabilities Act don't extend to retirees potentially limits liability by giving employers additional support to challenge complaints, and highlights the need for proactive policy management to mitigate risk, say attorneys at Jackson Lewis.