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Employment
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May 29, 2025
Columbia Sportswear Gets Mixed Trade Secrets Ruling
An Oregon federal judge has partially sided with motions by Columbia Sportswear Co. and a former employee in a case alleging the worker took trade secrets with him when he left the company, but denied the bulk of the requests from all parties seeking to end the suit in their favor.
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May 29, 2025
2nd Circ. Upholds KeyBank Adviser's $1.1M Defamation Win
The Second Circuit on Thursday upheld a $1.1 million award against a brokerage firm accused of making defamatory remarks about a former employee, ruling that Financial Industry Regulatory Authority arbitrators did not disregard the law in handing down the punishment.
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May 29, 2025
Ore. Pot Regulator Will No Longer Require Labor Peace Pacts
Oregon's cannabis regulator said Thursday that it would no longer enforce a voter-approved law requiring cannabis businesses to enter into labor peace agreements with their employees, following a federal judge's ruling that the law was preempted by federal policy.
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May 29, 2025
Masimo Founder Slaps Board With Lawsuit Over His Ouster
The founder and former CEO of Masimo Corp. has alleged six of the medical technology company's directors orchestrated his wrongful termination and denied him the compensation he is now owed, according to a suit for hundreds of millions of dollars filed against the executives in California state court.
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May 29, 2025
Ex-United Therapeutics Exec Can't Dodge IP Suit
A former United Therapeutics Corp. executive lost his bid to toss his former employer's suit alleging he used stolen intellectual property to develop a lung disease drug for a competitor, with the North Carolina Business Court ruling that it was too soon to determine if the complaint was untimely.
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May 29, 2025
IRS Delaying $11M Worker Tax Credit Payout, Hospital Says
A hospital forced to suspend its normal business as it responded to the COVID-19 pandemic told a Washington federal court Thursday that it's entitled to an $11.5 million tax refund for employee retention credits and that the IRS has failed to deliver the promised aid.
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May 29, 2025
Wash. Justices Upend Cannabis Co. Win In Wage Suit
Washington state's Department of Labor and Industries does not need to issue a formal letter demanding an employer pay a specific sum to employees before launching a wage and hour lawsuit, the state's supreme court held Thursday, upending a cannabis company's win in a lawsuit the agency launched against it.
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May 29, 2025
Mass. Justices Revive Atty's Suit Against 'Spiteful' Colleagues
Massachusetts' highest court Thursday revived part of a lawsuit brought by a former appellate court staff attorney who said he was intentionally undermined by supervisors, finding that he had made a reasonable showing that two of the three original defendants had demonstrated actual malice toward him.
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May 29, 2025
Seton Hall Rebuts Claim Of Trying To 'Muzzle' Ex-President
Counsel for Seton Hall University told a New Jersey state court Thursday that contrary to the claims of former school President Joseph Nyre, it is not seeking to "muzzle" him regarding an investigation into whether the school's current president knew of sexual abuse allegations and didn't report them.
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May 29, 2025
Split 5th Circ. OKs Acting NLRB GC's Drop Of Teamsters Case
A divided Fifth Circuit panel again blessed the National Labor Relations Board's order that supported a former acting general counsel's withdrawal of an unfair labor practice complaint against two Teamsters locals, analyzing the dispute on remand from the U.S. Supreme Court.
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May 29, 2025
Car Dealership Settles Bias Case On Heels Of Recusal Bid
A Philadelphia auto dealership has resolved a former manager's suit in Pennsylvania federal court claiming her boss made inappropriate sexual remarks and propositioned her nearly every day, days after the company said a magistrate judge was inappropriately pushing it to settle.
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May 29, 2025
3 Takeaways From The Judgments On Trump's Law Firm EOs
Three federal judges have now weighed in on President Donald Trump’s executive orders targeting law firms, with each ruling in favor of the firms and deeming the orders unconstitutional. Here are three takeaways from the combined 227 pages of those judges’ conclusions.
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May 29, 2025
Senate Committee Sets June Hearing For Trump's EBSA Pick
The Senate's Health, Education, Labor and Pensions Committee will hold a hearing in early June on President Donald Trump's nominee to lead the U.S. Department of Labor's Employee Benefits Security Administration, according to a news release Thursday.
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May 28, 2025
Kevin Costner Sued By Stuntwoman Over Ad Hoc Rape Scene
Kevin Costner and the producers of the American West film series "Horizon" were sued in California state court by a stunt double who alleged she had to perform an impromptu, unscripted violent rape scene without an intimacy coordinator on set and other protocols under the actors' union contract.
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May 28, 2025
Del. Justices Won't Revive Raytheon Incentive Plan Suit
Delaware's highest court on Wednesday declined to revive a derivative suit accusing Raytheon Technologies Corp. directors of wrongly allowing a special committee to change an employee pension plan without stockholder approval, citing no support for alleged bylaw breaches or need for a stockholder vote.
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May 28, 2025
Flooring Co. Faces Trafficking, Forced Labor Suit In Ga.
An Oregon-based flooring manufacturer has been sued in Georgia federal court by a group of Chinese nationals who allege they were brought to the U.S. to work at a flooring manufacturing facility in Cartersville, Georgia, then exploited, underpaid and subjected to forced labor.
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May 28, 2025
Fla. Judge Told Pharma Co. Rival Also Stole Trade Secrets
A Florida federal judge on Wednesday denied an India-based pharmaceutical company's bid to reject a competitor's defense against a lawsuit alleging trade secrets theft by claiming its accuser is responsible for the same conduct, expressing doubt whether she can rule on such an issue.
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May 28, 2025
7th Circ. Skeptical That NCAA Eligibility Rules Restrain Trade
The Seventh Circuit on Wednesday appeared to raise doubts over a lower court's decision granting a University of Wisconsin football player another year of eligibility, questioning his claim that the National Collegiate Athletic Association's five-year rule restrains competition in violation of federal antitrust laws.
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May 28, 2025
Texas Lawyer Fined $6K For Fake AI Citations In ERISA Suit
An Indiana federal judge on Wednesday fined a Texas attorney $6,000 for filing three separate briefs using generative artificial intelligence that included fake citations in an ERISA case, imposing a personal sanction that was less than half the $15,000 fine a magistrate judge recommended.
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May 28, 2025
Amtrak Worker Admits To Part In $11M Benefits Fraud Scheme
A New Jersey-based Amtrak employee has pled guilty to participating in a conspiracy to defraud the passenger railroad's health plan for an estimated $11 million in benefits, the U.S. Attorney's Office for the District of New Jersey announced Wednesday.
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May 28, 2025
DOJ Says Justices' Ruling Backs Nursing Exec's Conviction
The U.S. Department of Justice is pointing to a recent U.S. Supreme Court ruling to bolster its fight against a new trial being sought by a convicted Nevada nursing home executive, saying that the new high court decision establishes that economic loss isn't needed to prove wire fraud.
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May 28, 2025
Fla. Ambulance Co. Must Make Missed Payments In OT Deal
An ambulance service will have to shell out the remaining $42,500 it owes to a group of emergency medical technicians and paramedics to settle their overtime after having missed payment deadlines several times, a Florida federal court ordered Wednesday.
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May 28, 2025
Ex-WWE Exec To Aid Accuser In Suit Against Vince McMahon
A former World Wrestling Entertainment executive named by a former staffer in a graphic sexual assault and trafficking suit will now cooperate with the staffer against WWE and co-founder Vince McMahon after he was dismissed from the suit Wednesday.
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May 28, 2025
Vail Ski Instructors Can't Expand Collective In Wage Suit
Snow sport instructors cannot revisit previous court orders denying class treatment in their wage and hour lawsuit against Vail Resorts, a Colorado federal judge ruled Wednesday, saying the case will proceed in its current form as a collective action.
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May 28, 2025
IUOE Ex-Leader Pardoned In DOL Disclosure Case, Attys Say
President Donald Trump has pardoned a former International Union of Operating Engineers president who was facing the prospect of six months in prison for accepting free sports tickets without disclosing their value to the U.S. Department of Labor, his attorneys told a Washington, D.C., federal judge Wednesday.
Expert Analysis
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
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10 Key Worker-Friendly California Employment Law Updates
New employment laws in California expand employee rights, transparency and enforcement mechanisms, and failing to educate department managers on these changes could put employers at risk, says Melanie Ronen at Stradley Ronon.
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Class Actions At The Circuit Courts: Nov. And Dec. Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal court decisions and identifies practice tips from cases involving takings clause violations, breach of contract with banks, life insurance policies, employment and automobile defects.
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Artfully Conceding Liability Can Offer Defendants 3 Benefits
In the rare case that a company makes the strategic decision to admit liability, it’s important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm at Persuasion Strategies.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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How PAGA Reform Can Inform Employer Strategies In 2025
While recent changes to California's Private Attorneys General Act will not significantly reduce PAGA claims, employers can use the new law to potentially limit their future exposure, by taking advantage of penalty reduction opportunities and more, say attorneys at Thompson Coburn.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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7 Employment Contracts Issues Facing DOL Scrutiny
A growing trend of U.S. Department of Labor enforcement against employment practices that limit workers' rights and avoid legal responsibility shines a light on seven unique contractual provisions that violate federal labor laws, and face agressive litigation from the labor solicitor, says Thomas Starks at Freeman Mathis.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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How Deregulation Could Undermine Trump's Anti-DEI Agenda
While rolling back federal agency power benefited conservative policies during the Biden administration, it will likely undermine President Donald Trump's ability to wield agencies like the U.S. Equal Employment Opportunity Commission to dismantle diversity, equity and inclusion initiatives beyond the federal workforce and into the private sector, says Ally Coll at the Purple Method.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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How DOGE's Bite Can Live Up To Its Bark
All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.
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5 Notable Information Security Events In 2024
B. Stephanie Siegmann at Hinckley Allen discusses 2024's largest and most destructive data breaches seen yet, ranging from ransomware disrupting U.S. healthcare systems on a massive scale, to tensions increasing between the U.S. and China over cyberespionage and the control of U.S. data.
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Opinion
Trump Should Pass On Project 2025's Disparate Impact Plan
The Trump administration should reject Project 2025's call to eliminate the disparate impact doctrine because, as its pro-business Republican creators intended, a focus on dismantling unnecessary barriers to qualified job candidates serves companies' best interests more successfully than the alternatives, says Susan Carle at American University.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.