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Employment
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April 25, 2025
Justices Want More Info On HHS Authority In Task Force Row
The U.S. Supreme Court on Friday ordered the federal government and a group of Texas businesses and individuals to compile more information as to whether the U.S. Department of Health and Human Services secretary has the authority to appoint members of a task force under the Affordable Care Act.
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April 25, 2025
9th Circ. Revives Fired Clorox Worker's Gender Bias Claim
A Ninth Circuit panel on Friday revived a gender discrimination claim brought by a former employee of The Clorox Co. in Washington who alleged he was wrongfully fired during a reorganization, but the panel ruled against the worker on his race and age discrimination claims.
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April 25, 2025
19 AGs Sue Trump Admin Over Anti-DEI School Funding Threat
Nearly 20 state attorneys general sued the U.S. Department of Education in Massachusetts federal court Friday accusing it of embarking on efforts to withhold funding from educational institutions that engage in vague, undefined, "illegal" diversity, equity and inclusion practices through an agency action passed earlier this month.
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April 25, 2025
Boston Consulting Group Hit With Pregnancy Bias Suit In Ga.
The Boston Consulting Group was hit with a pregnancy discrimination lawsuit Friday from a former payroll worker who alleges her boss told her she "conned" the company by taking parental leave early on in her tenure, only to fire her after she complained about the workplace mistreatment.
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April 25, 2025
Harvard Can't Escape Ousted Ice Hockey Coach's Bias Suit
A Massachusetts federal judge refused to nix a former Harvard University ice hockey coach's sex bias suit alleging she was paid less than her male colleagues, issuing an order Friday that agreed with a magistrate judge's report rejecting Harvard's argument that her claims were filed too late.
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April 25, 2025
Employment Authority: Trump Axes Disparate Impact Doctrine
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on how President Donald Trump's decision to do away with the disparate impact doctrine will affect the EEOC, why experts say the gender pay gap got bigger in 2023, and how the United Auto Workers' bid to organize southern workers has hit a roadblock.
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April 25, 2025
Judge Asks How Ed Dept. Can Fulfill Mandates Without Staff
A Massachusetts federal judge on Friday appeared skeptical of arguments by the Trump administration that it can continue delivering legally mandated services without reinstating hundreds of U.S. Department of Education employees who were fired last month.
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April 25, 2025
Judge Blocks Trump Order Limiting Fed. Worker Bargaining
A Washington, D.C., federal judge on Friday blocked President Donald Trump's order last month seeking to end collective bargaining for workers at more than a dozen federal agencies with national security roles, two days after suggesting during oral arguments that Trump's order was retaliatory.
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April 25, 2025
Feds Fight Unions' Bid To Reverse Cuts To FMCS
A group of unions lack standing to ask a New York federal judge to reverse staffing cuts and field office closures at the Federal Mediation and Conciliation Service, the federal government has argued, opposing the group's bid for an injunction undoing the shrinkage of the labor-management dispute resolution agency.
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April 25, 2025
Ex-Google Engineer Claims Coercion In AI Trade Secrets Case
A former Google software engineer accused of stealing artificial intelligence trade secrets for Chinese startups has asked a California federal court to suppress statements he made to government investigators, alleging they used forceful tactics during an interrogation and did not read him his Miranda rights.
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April 25, 2025
Off The Bench: NIL Deal Drama, Oakley v. MSG, Transfer Rules
In this week's Off The Bench, the landmark $2.78 billion settlement to compensate college athletes hits a snag, a former New York Knick's assault case against Madison Square Garden may be on shaky ground, and Vanderbilt University's quarterback fights to protect his successful challenge against the NCAA's eligibility rules.
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April 25, 2025
US Trustee Says Benson Hill Can't Seal Exec Bonus Info
The U.S. Trustee's Office on Friday asked a Delaware bankruptcy judge to reject bankrupt soybean company Benson Hill's request to seal the names of executives it wants to pay bonuses to, along with the amounts it wants to pay.
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April 25, 2025
Defunct Media Co. To Pay $4.5M In NY WARN Act Case
Former digital media startup The Messenger has agreed to pay $4.5 million to a class of 275 workers who claimed in New York federal court that the company didn't give them enough notice about its layoffs and shutdown, the parties said on Friday.
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April 25, 2025
Feds Accused Of Illegal Education Data Collection Rollback
The Department of Education is defying congressional mandates requiring the collection and analysis of national education data, including by canceling $900 million in data maintenance and collection contracts, educational organizations said in a lawsuit filed in Washington, D.C., federal court.
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April 25, 2025
Local Gov'ts, Union Sue Over COVID Grant Cancellations
Four local governments have joined with a government employees union to challenge the federal government's termination of $11 billion in grants stemming from the COVID-19 pandemic, seeking an injunction restoring the funds and a declaration that the decision to mass-terminate the grants was unlawful.
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April 25, 2025
U. Of Montana Athlete Is Latest To Test NCAA Transfer Rules
A basketball player who transferred from a Division II institution to the University of Montana last season sued the NCAA in federal court Friday, becoming the latest to challenge the eligibility limits on athletes transferring from non-Division I schools.
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April 25, 2025
J&J Unit Sees Claims Trimmed In Engineer's Bias Suit
A Johnson & Johnson-owned prosthetics company does not have to face claims that an engineer filed his lawsuit, alleging violations of the Family and Medical Leave Act, too late, a Massachusetts federal judge ruled Friday, but determined some of the allegations are timely and can proceed.
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April 25, 2025
BigLaw Partners, Judges Back Susman Godfrey In EO Suit
Hundreds of BigLaw partners and former judges on Friday threw their support behind Susman Godfrey LLP's lawsuit in D.C. federal court over President Donald Trump's executive order targeting the firm, warning that if "the independent bar is cowed into submission" it will threaten "the rule of law itself."
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April 25, 2025
NY Judge Axes Ford O'Brien Malpractice Suit
A former Ford O'Brien Landy LLP client who claimed the firm's "haphazard" representation lost him millions at arbitration has had his legal malpractice suit thrown out of New York state court, with a judge finding no evidence that the outcome would have changed had his counsel acted differently.
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April 25, 2025
Ex-CFO Says CEO Fired Him To Avoid Paying Bonus
A company that produces adhesives and fasteners for the construction industry fired its vice president and chief financial officer to avoid paying him nearly $300,000 in bonuses, according to a contract suit removed to Connecticut federal court.
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April 25, 2025
10th Circ. Backs Spirit Aero's $31M Clawback From Ex-CEO
The Tenth Circuit on Friday backed Spirit AeroSystems Inc.'s decision to claw back $31 million worth of stock awards because a former CEO violated his noncompete agreement with the aircraft structure manufacturer, holding a lower court properly ruled the employment pact was enforceable under Kansas law.
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April 25, 2025
NJ Firm Says Worker's Discovery Failures Doom Wage Suit
A former employee of a personal injury law firm has failed to respond to its discovery requests in her lawsuit alleging she was paid less than men and harassed while she was pregnant, and her case should therefore be thrown out, the firm told a New Jersey state court.
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April 25, 2025
Wells Fargo Looks To Upend $22M Disability Bias Loss
Wells Fargo is turning to the Fourth Circuit to challenge a $22.1 million verdict in an Americans with Disabilities Act case claiming the banking giant fired an investment director for requesting telework, according to a North Carolina federal court filing.
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April 25, 2025
X Can't Nix Unjust Discharge Claim In $20M Severance Suit
Twitter's former chief marketing officer will keep her claim accusing X, Elon Musk and others of unlawfully firing her after suggesting that Musk meet with an employee who didn't agree to let President Donald Trump back on the platform, a California federal judge said.
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April 25, 2025
5 Issues Benefits Attys Want The Gov't To Shed Light On
The first three months of President Donald Trump's administration have left lawyers who represent employers and benefit plans hungry for clarity on issues like cryptocurrency as a 401(k) investment and coverage for gender-affirming care. Here, Law360 looks at five areas where attorneys are hoping for guidance or regulations.
Expert Analysis
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TikTok Bias Suit Ruling Reflects New Landscape Under EFAA
In Puris v. Tiktok, a New York federal court found an arbitration agreement unenforceable in a former executive's bias suit, underscoring an evolving trend of broad, but inconsistent, interpretation of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, say attorneys at Williams & Connolly.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Key Takeaways From The 2025 Spring Antitrust Meeting
Leadership changes, shifting priorities and evolving enforcement tools dominated the conversation at the recent American Bar Association Spring Antitrust Meeting, as panelists explored competition policy under a second Trump administration, agency discretion under the 2023 merger guidelines and new frontiers in conduct enforcement, say attorneys at Freshfields.
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Running A Compliant DEI Program After EEOC, DOJ Guidance
Following recent guidance from the U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice that operationalized the Trump administration's focus on ending so-called illegal DEI, employers don't need to eliminate DEI programs, but they must ensure that protected characteristics are not considered in employment decisions, say attorneys at Holland & Knight.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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NWSL's $5M Player Abuse Deal Shifts Standard For Employers
The National Women's Soccer League's recent $5 million settlement addressing players' abuse allegations sends a powerful message to leagues, entertainment entities and employers everywhere that employee safety, accountability and transparency are no longer optional, say attorneys at Michelman & Robinson.
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Mass. AG Emerges As Key Player In Consumer Protection
Through enforcement actions and collaborations with other states — including joining a recent amicus brief decrying the defunding of the Consumer Financial Protection Bureau — Massachusetts Attorney General Andrea Campbell has established herself as a thought leader for consumer protection and corporate accountability, say attorneys at Troutman Pepper.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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What To Know About Restrictions On Former Federal Workers
Excerpt from Practical Guidance
Amid reductions to the federal workforce, agency counsel should be mindful that workers who are leaving government employment will still be covered by federal ethics restrictions upon their departure, including recusal requirements and temporary and permanent bans, says Rex Iacurci at LexisNexis.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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In-House Expert Testimony Is Tricky, But Worth Considering
Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.
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Issues To Watch At ABA's Antitrust Spring Meeting
Attorneys at Freshfields consider the future of antitrust law and competition enforcement amid agency leadership changes and other emerging developments likely to dominate discussion at the American Bar Association's Antitrust Spring Meeting this week.
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Tracking Changes To AI Evidence Under Federal Rules
As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.