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Employment
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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.
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September 19, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen brokerage firm ADS Securities file a fresh claim against German entrepreneur Lars Windhorst, AmTrust and Endurance Worldwide Insurance tackle an ongoing £50 million ($67 million) dispute over a failed litigation and insurance scheme, and Howard Kennedy LLP sue the son of a diamond tycoon over a £3.1 million legal bill.
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September 18, 2025
Polsinelli Can't Trim, Arbitrate Atty's Sexual Harassment Case
Polsinelli PC and two former partners cannot trim and compel arbitration of claims in a $20 million sexual harassment and retaliation lawsuit brought by a former equity shareholder, a D.C. federal judge ruled Thursday, saying the shareholder plausibly alleges her claims and isn't required to arbitrate the dispute.
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September 18, 2025
Starbucks Accused Of Not Paying For 'Restrictive' Dress Code
Starbucks employees from Colorado, Illinois and California on Wednesday launched legal actions against the coffeehouse giant for allegedly refusing to reimburse them for clothing and shoes despite requiring a new dress code.
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September 18, 2025
Ga. Panel Lifts Bar On Mom's Suit Over Accidental Shooting
The Georgia Court of Appeals has revived a woman's wrongful death suit over her son's accidental shooting while in training as a security guard, overturning a lower court's ruling that her claims were preempted by a liability release in a workers' compensation settlement.
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September 18, 2025
EEOC Sues Security Firms Over 'Sexually Hostile' Workplace
The U.S. Equal Employment Opportunity Commission on Thursday filed suit on behalf of a Georgia woman who was allegedly discriminated against while working as a security officer and then fired when she complained about the "sexually hostile work environment."
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September 18, 2025
NY Judge Closes Warehouse Workers' Unpaid Wages Suit
A New York federal judge on Thursday dismissed a proposed class action for unpaid wages brought on behalf of Parts Authority warehouse employees after two staffing companies offered to pay $230,000 to end the suit.
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September 18, 2025
7th Circ. Judge Wary Of Ex-Firefighter's Free Speech Position
A Seventh Circuit judge on Thursday said an attorney for a former Chicago firefighter seeking to revive a suit claiming he was unlawfully fired for a series of memes and other statements posted on Facebook seemed to be making a "hyperbolic" argument that public employers cannot regulate speech outside the workplace.
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September 18, 2025
Feds Hit With Protest Over Project Labor Deal Requirement
A joint venture sued the federal government in the U.S. Court of Federal Claims, saying the Navy's requirement that companies enter into a project labor agreement with a labor union to be considered for a construction project contract violated federal law.
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September 18, 2025
NC Judge Trims Feud Over Middle School Dance Team Name
The parties fighting over the rights to the name of a youth dance team were urged by a North Carolina federal judge on Thursday to resolve the disagreement on their own, after he streamlined the claims against each other and admonished them for the lengths they already have traveled to secure the team name.
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September 18, 2025
Former NRA President's Suit Split, Partially Moved To Va.
A lawsuit by the former president of the National Rifle Association alleging breach of contract against the gun rights organization was split by a federal judge Thursday, with Florida state law claims being kept in the Sunshine State and its contract-related claim moved to Virginia.
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September 18, 2025
Microsoft Whistleblower Suit Can Proceed, Judge Says
A former Microsoft worker can keep pursuing his federal whistleblower claim in his suit accusing the company of firing him for flagging compliance issues and misconduct, a Texas federal court ruled in its order determining the employee's alleged failure to utilize administrative proceedings does not bar him from bringing the claims.
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September 18, 2025
Wells Fargo To Pay $48.5M To End Senior Banker OT Suit
A proposed class of Wells Fargo employees known as "senior premier bankers" asked a California federal judge to give the first OK to a $48.5 million settlement resolving claims that the bank wrongfully exempted thousands of such workers from receiving overtime pay.
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September 18, 2025
AI Firm's Ex-CTO Barred From Using Trade Secrets
A Washington federal judge has barred an artificial intelligence startup's former chief technology officer from using trade secrets to hurt the company, making disparaging statements about it or contacting the company's current or prospective customers.
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September 18, 2025
Apple Affiliate Can't Ax Classes After Wage Trial, Court Told
An Apple-affiliated repair company cannot undo five classes in a wage and hour suit that snagged a nearly $840,000 win for employees, the workers told a North Carolina federal court, arguing the company's decertification request is a "Hail Mary" attempt to delay its appeal.
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September 18, 2025
Senate Confirms Trump's Pick To Lead DOL Benefits Arm
The Senate confirmed fiduciary liability insurance expert Daniel Aronowitz on Thursday to lead the U.S. Department of Labor's employee benefits division, which oversees regulation and enforcement of employer-provided health and retirement plans.
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September 18, 2025
Medical Staffing Co. Trustee Says Ex-Execs Drained Funds
The liquidation trustee for bankrupt medical staffing company American Physician Partners has told a Delaware bankruptcy judge that former top executives drained the company with millions in unauthorized bonus payments and "made-up" consultation fees.
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September 18, 2025
Calif. County Deputy DA Loses Free Speech Retaliation Suit
A California federal judge has tossed a retaliation suit from a former Santa Clara County, California, deputy district attorney.
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September 18, 2025
Dallas Fed Settles Former Employee's Race Bias Case
The Federal Reserve Bank of Dallas resolved an Indian ex-employee's lawsuit alleging he was let go for complaining to management that he and other employees of color received unfair poor performance ratings from a white supervisor, according to a Thursday filing in Texas federal court.
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September 18, 2025
Jay-Z, Buzbee Conspiracy Suits Sent To Texas State Court
A Texas federal judge has sent two conspiracy lawsuits brought by clients of Texas personal injury attorney Tony Buzbee against Shawn "Jay-Z" Carter's company Roc Nation and his attorneys back to state court in Houston, finding the court lacks jurisdiction in the case despite the defendant's argument that law firm Quinn Emanuel Urquhart & Sullivan LLP was "improperly joined."
Expert Analysis
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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.
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Calif. Arbitration Fee Ruling Gives Employers Slight Leeway
The California Supreme Court's decision in Hohenshelt v. Superior Court of Los Angeles County offers a narrow lifeline that protects employers from losing arbitration rights over inadvertent fee payment delays, but auditing arbitration agreements and implementing payment tracking protocols can ensure that deadlines are always met, say attorneys at Buchalter.
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When Misconduct Can Trigger Bank Industry Employment Ban
The Federal Reserve Board recently settled an enforcement action in which a former employee of a Wyoming bank was banned from banking for conduct she allegedly committed at an entity unrelated to the bank, raising questions about the scope of regulatory enforcement authority, says Travis Nelson at Polsinelli.