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Employment
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June 23, 2025
DraftKings Social Media Exec Agrees To Delete Rival's IP
A social media director at DraftKings has agreed to delete alleged trade secrets from his personal ChatGPT account, which his former employer, rival PrizePicks, alleged he stole before changing employers.
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June 23, 2025
Michigan Must Face Christian Refugee Aid Provider's Bias Suit
A federal judge said a Christian refugee resettlement agency may move ahead with claims that Michigan sought to force the agency to agree to hire non-Christians to be eligible for contracts.
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June 23, 2025
Kardashian Chef Offered Adderall Instead Of Breaks, Suit Says
A chef who works with celebrities including the Kardashian family refused to pay overtime despite requiring employees to work 12-hour days and offered Adderall instead of breaks if workers complained they were tired, a former assistant told a California state court.
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June 23, 2025
NC Judge Axes Trucking Co.'s Noncompete For Overreach
A North Carolina state court judge has truncated a freight factoring company's suit accusing its former client services supervisor of luring clients to a competing business, finding that the complaint fell short of identifying the allegedly stolen trade secrets and that the former employee's noncompete is too broad to be enforced.
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June 23, 2025
DOL Suspends Biden-Era H-2A Farmworker Protection Rule
The U.S. Department of Labor has put a Biden-era regulation protecting union-related activities for agricultural workers on seasonal H-2A visas on ice while litigation over the rule continues and the agency considers new rulemaking.
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June 23, 2025
Assistant DA Says Race Bias Led To Pay, Treatment Disparity
An assistant district attorney alleged in North Carolina federal court that her boss, District Attorney Michael Waters, discriminated against her and other Black employees by treating them unfairly and paying them less than white colleagues.
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June 23, 2025
Execs Nix Worker's ERISA Suit Over Food Co. Sale Side Deals
A Wisconsin federal judge tossed a worker's suit claiming PDQ Food Stores executives and GreatBanc brokered millions in self-serving side payments when organizing the company's sale, finding her complaint devoid of detail that any of the payments were illegal.
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June 23, 2025
3rd Circ. Remands NLRB Solo Protest Spat To Weigh Evidence
The Third Circuit on Monday backed the NLRB's findings that a lone fired worker's COVID-19 safety complaints were concerted activity under federal labor law, but remanded the case to the board in order to weigh evidence about whether the worker would have been fired regardless of whether he spoke up.
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June 23, 2025
Conflict Forces Transfer Of Seton Hall Whistleblower Case
Seton Hall University's former president's whistleblower suit against the school will be heard in a New Jersey state court in Hudson County after an Essex County judge confirmed her decision to move the case due to a potential conflict of interest involving the daughter of one of the defendants.
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June 23, 2025
Conn. Firm's Claims Against Restaurant Attys Trimmed
Connecticut employment law firm Hayber McKenna & Dinsmore LLC may advance vexatious litigation claims, but not abuse of process claims, against attorneys for several restaurants who previously accused the firm of violating state unfair trade practices laws to target potential clients, a state trial court judge has ruled.
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June 23, 2025
IT Co. Can't Get Justices To Review White Worker's Bias Suit
The U.S. Supreme Court refused Monday to review a Third Circuit ruling that revived a proposed class action claiming a subsidiary of India-based Tech Mahindra unlawfully favored South Asian workers, despite the company's argument that the appeals court had deepened a circuit split.
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June 23, 2025
Justices Won't Hear Kosher Worker's OT Exemption Case
The U.S. Supreme Court declined Monday to review a ruling that an Orthodox Jewish organization is immune from a worker's overtime claims because he falls under the First Amendment's ministerial exception.
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June 20, 2025
Texas High Court Finds Pilots Union's Can Sue Over 737 Max
The Texas Supreme Court on Friday put wind beneath the wings of a Southwest Airline Pilots Association's suit aiming to hold Boeing responsible for its members' economic losses after regulators grounded the 737 Max aircraft, finding the Railway Labor Act does not preempt the union's claims.
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June 20, 2025
Feds, Dems Debate Impact Of Resignation On FTC Firing Case
The Trump administration told a D.C. federal court the recent resignation of a fired Federal Trade Commission member strips the court of jurisdiction over his claims seeking to be reinstated, while the two Democrats argued the resignation has no impact.
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June 20, 2025
Gutter Co. Accused Of Misclassifying Workers To Dodge OT
LeafFilter is facing a proposed class action in Colorado federal court from a former employee claiming the gutter protection manufacturer misclassified workers as independent contractors to avoid paying overtime.
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June 20, 2025
Employment Authority: A Look At Fed. Worker Fights In Court
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on why experts think it may be easier for workers and unions to head to court in opposing the Trump administration's actions instead of going through administrative systems, how federal courts have ruled in the first half of 2025 on Biden-era EEOC regulations and guidance, and four wage and hour issues attorneys should be looking at in the next few months.
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June 20, 2025
Wash. AG Says Hops Farm Favored H-2A Workers Over Locals
Washington state's attorney general launched a lawsuit on Friday accusing a hops grower of illegally firing local employees, often women, and replacing them with foreign farmworkers, abusing the federal H-2A temporary visa program for seasonal agricultural labor.
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June 20, 2025
Fla. Bill Aims To Boost Employer Noncompete Power
The Florida Legislature continued in its efforts to make the Sunshine State attractive to businesses with a bill this past session that would create one of the most employer-friendly noncompete statutory frameworks in the country.
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June 20, 2025
Victoria's Secret Narrows Ex-Worker's Sex Harassment Suit
A Pennsylvania federal judge trimmed claims from a former Victoria's Secret sales associate's suit claiming her boss made sexual comments and touched her inappropriately on the job, ruling she didn't file the proper pre-suit charges to keep her local and state claims in play.
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June 20, 2025
Texas Judge Clears Lockheed Of Worker's Retaliation Claims
Lockheed Martin escaped retaliation and discrimination allegations from a fired mechanical inspector, a Texas federal judge ruled Friday, concluding the worker had not proved that race bias or whistleblowing led to his termination two years ago.
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June 20, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Pogust Goodhead face legal action from mining giant BHP Group, Trainline bring a procurement claim against the Department for Transport, Sworders auction house sue Conservative peer Patricia Rawlings, and Nokia hit with a patents claim by Hisense. Here, Law360 looks at these and other new claims in the U.K.
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June 20, 2025
Off The Bench: Lakers Sale, NASCAR Antitrust, NIL Appeals
In this week's Off The Bench, the Lakers fetch a $10 billion valuation as a new owner takes control of the franchise, a federal judge urges litigants in the NASCAR antitrust brawl to settle, and appeals pile up against the NCAA's landmark $2.78 billion athlete compensation settlement.
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June 20, 2025
Honda Requires Off-Clock Work, Production Associate Says
A Honda manufacturing unit mandates that employees show up to work about 30 minutes before their shifts officially start to put on protective gear and walk to their workstations but does not pay them for these tasks, a proposed class and collective action filed in Ohio federal court said.
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June 20, 2025
Trump Taps Atty Dropped By Biden For Eastern Ky. Fed. Court
President Donald Trump has announced plans to nominate former Kentucky Solicitor General Chad Meredith to serve as a judge for the U.S. District Court for the Eastern District of Kentucky.
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June 20, 2025
Crew Member Says HBO Pays Late, Fails To Provide Breaks
Crew members working for HBO and a production company were paid several days late and were often required to work through their meal and rest breaks, a Private Attorneys General Act lawsuit filed in California state court said.
Expert Analysis
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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Axed ALJ Removal Protections Mark Big Shift For NLRB
A D.C. federal court's recent decision in VHS Acquisition Subsidiary No. 7 v. National Labor Relations Board removed long-standing tenure protections for administrative law judges by finding they must be removable at will by the NLRB, marking a significant shift in the agency's ability to prosecute and adjudicate cases, say attorneys at Proskauer.
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Opinion
Undoing An American Ideal Of Fairness
President Donald Trump’s orders attacking birthright citizenship, civil rights education, and diversity, equity and inclusion programs threaten hard-won constitutional civil rights protections and decades of efforts to undo bias in the law — undermining what Chief Justice Earl Warren called "our American ideal of fairness," says Reuben Guttman at Guttman Buschner.
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Employer Tips For Wise Use Of Workers' Biometrics And Tech
Excerpt from Practical Guidance
Employers that collect employee biometric data and operate bring-your-own-device policies, which respectively offer better corporate security and more flexibility for workers, should prioritize certain best practices to protect the privacy and rights of employees and safeguard sensitive internal information, says Douglas Yang at Sheppard Mullin.
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Unprecedented Firings And The EEOC's Shifting Agenda
While President Donald Trump's unprecedented firing of Democratic Equal Employment Opportunity Commission members put an end to the party's voting majority, the move raises legal issues, as well as considerations related to the EEOC's lack of a quorum and shifting regulatory priorities, says Ally Coll at the Purple Method.
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Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.
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Virginia AI Bills Could Serve As Nationwide Model
If signed into law, two Virginia bills focused on regulating the use of high-risk AI systems in the private and public sectors have the potential to influence similar legislation in other states, as well as the compliance strategies of companies operating in the commonwealth and across the U.S., say attorneys at Woods Rogers.
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In-House Counsel Pointers For Preserving Atty-Client Privilege
Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.
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What Banks Need To Know About Trump's Executive Orders
While the numerous executive orders and memos from the last few weeks don't touch on many of the issues the banking industry expected the Trump administration to address, banks still need to pay attention to the flurry of orders from strategic, compliance and operational perspectives, say attorneys at Arnold & Porter.
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Applying ABA Atty Role Guidance To White Collar Matters
The American Bar Association’s recently published guidance, clarifying the duties outside counsel owes to both organizational clients and those organizations' constituents, provides best practices that attorneys representing companies in white collar and other investigative matters should heed, say attorneys at MoFo.
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Tax-Free Ways To Help Employees After The LA Wildfires
Following the recent wildfires in Los Angeles, there are various tax-free ways to give employees the resources and flexibility they need, including simpler methods like disaster relief payments under Internal Revenue Code Section 139 and leave-sharing programs, and others that require more planning, says Ligeia Donis at Baker McKenzie.
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What Trump Admin's Anti-DEI Push Means For FCA Claims
President Donald Trump's recent rescission of a 60-year-old executive order imposing nondiscrimination requirements on certain federal contractors has far-reaching implications, including potential False Claims Act liability for contractors and grant recipients who fail to comply, though it may be a challenge for the government to successfully establish liability, say attorneys at Bass Berry.
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Improving Comms Between Trial Attys And Tech Witnesses
In major litigation involving complex technology, attorneys should employ certain strategies to collaborate with companies' technical personnel more effectively to enhance both the attorney's understanding of the subject matter and the expert's ability to provide effective testimony in court, say attorneys at Buchalter.
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Navigating Title IX Compliance In The NIL Era
As universities push to move more name, image and likeness activity in-house, it's unclear how the NCAA and its members will square implementation of the House settlement with Title IX requirements, say attorneys at Buchanan Ingersoll.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.