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Employment
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September 19, 2025
OSU, Prof Cleared In Harassment Case Revived By 6th Circ.
A federal jury on Friday rejected a former Ohio State University graduate student's harassment claims against her doctoral adviser and the school, a year after the Sixth Circuit revived the case.
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September 19, 2025
BofI Directors Beat Investor Suit Over Whistleblower Probe
A California federal judge has permanently dismissed a shareholder derivative suit against the top brass of BofI Holding Inc. accusing them of misconduct that led to a costly internal investigation into a whistleblower's allegations, finding the plaintiff failed to demonstrate that a pre-suit demand upon the board would have been futile.
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September 19, 2025
Judge Rules NCAA Rules Are Commercial, Grants Injunction
A University of Las Vegas defensive lineman won his bid to play another season when a Nevada federal judge ruled that the NCAA's eligibility rules are subject to antitrust scrutiny because the ability of athletes to get paid for their performance makes the restrictions commercial in nature.
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September 19, 2025
NJ Claims Of Union Job Referral Bias Preempted, Judge Hears
The state of New Jersey's discrimination lawsuit against a local union should be dismissed because it is preempted by federal labor law and was filed after the two-year statute of limitations expired, a state court judge heard Friday during a hearing.
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September 19, 2025
Employment Authority: Inside Calif's New Bid To Regulate AI
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on what's inside California legislation that aims to regulate the use of artificial intelligence, how the Ninth Circuit's decision to revive a case accusing Trader Joe's United of trademark infringement may impact union merch, and a review of the most important wage and hour cases hoping to catch U.S. Supreme Court's review.
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September 19, 2025
Court Unseals Deals Ending Worker Row With Car Tech Maker
A North Carolina federal judge who plans to unseal a settlement to a wage and hour suit against an automotive technology manufacturer on Monday unsealed a portion of the deal on Friday, revealing the company paid $175,000 to settle one plaintiff's non-wage claims.
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September 19, 2025
Beneficiaries Dispute Aviation Exclusion In Fatal Crash Row
Two beneficiaries under separate Prudential life insurance policies issued for an aviation company's pilots told a Washington federal court that they were wrongly denied benefits after their partners died in a plane crash, arguing an "aviation exclusion" either doesn't apply or should be stricken altogether.
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September 19, 2025
Feds Say Court Can't Stop Voice Of America Layoffs
The U.S. government agency that runs broadcaster Voice of America urged a D.C. federal judge not to hold that an order to fulfill its mandate as a news source blocks it from carrying out imminent layoffs, opposing an enforcement bid by unions and employees including VOA's director.
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September 19, 2025
Wash. Biz Owner Sexually Harassed Bikini Baristas, AG Says
The owner of several Seattle-area "bikini barista" espresso stands has been hit with a sweeping employment discrimination suit claiming he made women strip naked in front of him during job interviews, provide sexual favors to keep their hours and get paid, and perform similar nude "shows" for customers.
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September 19, 2025
Pot Cos. Not Covered In Death Suit, Berkshire Hathaway Says
A Berkshire Hathaway unit has no duty to defend a group of cannabis companies in an underlying suit over a worker's death, the insurer told a Florida federal court Friday, arguing that the suit does not allege that the companies were the employers of the worker as required to trigger coverage.
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September 19, 2025
CFPB Union Drops Suit Over DOGE Access To Worker Data
The National Treasury Employees Union on Friday dropped a lawsuit seeking to block Department of Government Efficiency access to personnel data at the Consumer Financial Protection Bureau, a move that comes as the union assesses next steps in its other, higher-profile challenge to the consumer agency's downsizing.
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September 19, 2025
WorldQuant Predictive CEO Loses $691K Attorney Fee Appeal
A Connecticut appeals court on Friday refused to uproot an arbiter's $691,000 attorney fee award in favor of WorldQuant Predictive Technologies LLC and against its ousted CEO, agreeing the arbiter neither exceeded the scope of the questions presented to him nor manifestly disregarded the law.
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September 19, 2025
Mass. Trash Hauler, Union End 82-Day Strike With 5-Year Deal
The International Brotherhood of Teamsters Local 25 and trash hauler Republic Services announced Friday that they have agreed to a new five-year contract, ending an 82-day strike that sparked multiple lawsuits and left more than a dozen greater Boston communities as well as commercial customers with limited or no trash collection for most of the summer.
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September 19, 2025
NFL Warns Arb. Ruling Could Disrupt Sports Dispute Process
The NFL has asked the Second Circuit for a rehearing on its finding that the league provides arbitration "in name only" because its process lacks neutrality, arguing that the decision will disrupt long-standing procedures across professional sports and undermine a league's authority to resolve disputes.
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September 19, 2025
Fed Workers Can Telework For Religious Reasons, DOJ Says
Federal employees should be allowed to telework occasionally for religious reasons, even after President Donald Trump's January executive order requiring in-person attendance for government workers, the U.S. Department of Justice said.
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September 19, 2025
Air Charter Co. Says Rival Bribed Ex-Worker For Insider Info
Air charter broker XO Global sued its competitor Jet365 in Miami, claiming the rival bribed a onetime XO sales employee to steal confidential business information that allowed Jet365 to redirect millions of dollars' worth of charter flights to itself.
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September 19, 2025
Texas Judge Sends Another Buzbee, Jay-Z Suit To State Court
A federal judge in Texas has remanded back to state court a lawsuit accusing Quinn Emanuel Urquhart & Sullivan LLP of trying to destroy well-known attorney Tony Buzbee's reputation in retaliation for a lawsuit in which Buzbee's client accused rapper Jay-Z of child rape.
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September 19, 2025
Union's $3.5M OT Pension Suit Win Overturned At 3rd Circ.
The Third Circuit overturned Friday a pipe fitters and plumbers union local's $3.5 million win in a dispute with a commercial real estate company over pension contributions related to overtime hours, holding that the parties' collective bargaining agreements didn't obligate the employer to pay additional benefits.
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September 19, 2025
Law Firm Seeks To Ax Suit From Ex-OneTaste Staffer
Kohn Swift & Graf PC is urging a Pennsylvania federal court to toss a former client's legal malpractice suit alleging the firm was negligent when it represented her in connection with a federal subpoena related to an investigation into sexual wellness company OneTaste, saying her negligence claims are "exceptionally vague."
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September 19, 2025
Off The Bench: Briefings On Trans Ban, New Kalshi Conflicts
In this week's Off The Bench, the U.S. Supreme Court receives initial briefs from West Virginia and Idaho regarding their bans on gender identity-based participation in school sports, Kalshi is taken to court by another state over its event contract offerings, and Washington, D.C.'s National Football League team takes a major step toward returning to its namesake city.
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September 19, 2025
NJ DOL Snags $19M From Lyft After Misclassification Audit
Lyft shelled out more than $19 million after an audit by the New Jersey Department of Labor and Workforce Development found that the ride-hailing company misclassified more than 100,000 drivers as independent contractors, the agency announced this week.
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September 19, 2025
Former Immigration Judge's Bias Suit Gets Trimmed In Fla.
A Florida federal judge has trimmed multiple counts from a former immigration judge's discrimination lawsuit, finding that she failed to back up her bias claims.
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September 19, 2025
Truck Dealer's Union Rebukes Were Illegal, NLRB Judge Says
Linked businesses that service and sell trucks at an Illinois dealership violated federal labor law by twice rebuking their workers' union, the first time by carving certain workers out of a combined unit and the second by ceasing recognition altogether, a National Labor Relations Board judge said this week.
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September 19, 2025
Fired Public Housing CEO Sues NC City, Alleging Racial Bias
The former CEO of a North Carolina city's public housing authority has hit the city and authority board with a race discrimination and breach of contract suit, alleging in North Carolina federal court that the defendants violated her work contract because she's an African American woman.
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September 19, 2025
Google Must Face Suit Over Mideast Protest Firings
Google managed to narrow, but couldn't knock out, a proposed class action challenging the firings of employees who protested the company's connections to the Israeli military, as a California federal court said it's too soon to decide if the in-office dissent lost the protection of federal anti-retaliation law.
Expert Analysis
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5 Key Steps To Prepare For Oral Arguments
Whether presenting oral arguments before the U.S. Supreme Court or a local county judge, effective preparation includes the same essential ingredients, from organizing arguments in blocks to maximizing the potential of mock exercises, says Allison Rocker at Baker McKenzie.
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Navigating Conflicts Of Interest In H-1B Worker Terminations
Given a current uptick in removal proceedings and shortened lawful grace periods for terminated H-1B workers, immigration attorneys should take specific steps in order to effectively manage dual representation and safeguard the interests of both employers and employees, says Cyrus Mehta at Cyrus D. Mehta & Partners.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Union Interference Lessons From 5th Circ. Apple Ruling
The Fifth Circuit's recent holding that Apple did not violate the National Labor Relations Act during a store's union organizing drive provides guidance on what constitutes coercive interrogation and clarifies how consistently enforced workplace policies may be applied to union literature, say attorneys at Proskauer.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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Employer Tips As Memo Broadens Religious Accommodations
A recent Trump administration memorandum seeking to expand religion-related remote work accommodations for federal workers continues the trend of prioritizing religious rights in the workplace, which should alert all employers as related litigation shows no signs of slowing down, say attorneys at Seyfarth Shaw.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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5th Circ. Ruling Signals Strife For Employers Navigating ADA
While the Fifth Circuit’s recent decision in Strife v. Aldine Independent School District demonstrates that speed is not a perfect shield against workers' Americans with Disabilities Act claims, it does highlight how courts may hold employers liable for delays in the interactive accommodation process, say attorneys at Krevolin & Horst.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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4th Circ. Clarifies Employer Duties For ADA Accommodations
The Fourth Circuit's recent decision in Tarquinio v. Johns Hopkins indicates that an employer's obligation to provide accommodations under the Americans with Disabilities Act may never arise if an employee obstructs the process, underscoring that ADA protections depend on cooperation between both parties, say attorneys at Hunton.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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9 Jury Selection Lessons From The Combs Trial
U.S. District Judge Arun Subramanian’s unusually thorough jury selection process for the trial of Sean Combs offers attorneys and judges a master class in using case-specific juror questionnaires and extended attorney-led voir dire to impanel better juries that produce more just outcomes, say Kevin Homiak at Wheeler Trigg and Leslie Ellis at The Caissa Group.
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9th Circ.'s Trade Secrets Ruling Is A Win For DTSA Plaintiffs
The Ninth Circuit's recent decision in Quintara v. Ruifeng shifts the balance in federal trade secret litigation toward a more flexible, discovery-driven process, meaning that plaintiffs may be more likely to pursue claims under the Defend Trade Secrets Act, and early motions to strike or dismiss will face steep odds, say attorneys at Cooley.
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NY Bill Would Complicate Labor Law Amid NLRB Uncertainty
The New York Legislature passed a bill that, if enacted, would grant state agencies the power to enforce federal labor law, potentially causing significant challenges for employers as they could be subject to both state and federal regulators depending on the National Labor Relations Board's operational status, say attorneys at Sheppard Mullin.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.