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Employment
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August 11, 2025
2nd Circ. Revives Ex-Fed Worker's COVID Vax Exemption Suit
The Second Circuit has revived a former employee's claims against the Federal Reserve Bank of New York over its COVID-19 vaccination requirement, saying Monday there was a disputed issue of fact over whether the executive assistant had a genuine religious objection.
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August 11, 2025
Philly Cop Not Too Late To Seek Benefits For Mental Health
A Philadelphia police officer who was beaten by a suspect while responding to a robbery call can add post-traumatic stress disorder and depression to his existing workers' compensation claims, with the Commonwealth Court ruling that it was permissible since the symptoms were not identified as compensable until after the original claim was filed.
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August 11, 2025
4th Circ. Revives Union Member's Bid To Sue Machinists
A divided Fourth Circuit panel has given a union member another shot at accusing the International Association of Machinists' president and secretary-treasurer of misusing IAM funds on personal travel, saying Monday that she took the necessary steps to raise the matter internally before filing suit.
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August 11, 2025
What To Watch In Mega Union Pacific-Norfolk Southern Tie-Up
Union Pacific and Norfolk Southern's bold plan to create the nation's first transcontinental railroad owned by a single firm would transform freight transportation in the U.S., but it must first clear a heightened standard for reviewing mega rail mergers that hasn't yet been tested since the standard was set 24 years ago.
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August 11, 2025
DOJ Touts Merger, Rental Algorithm Deals, Eyeing More
The head of the U.S. Department of Justice's Antitrust Division on Monday touted two recent settlements, in a merger case and in the RealPage algorithmic rent-fixing litigation, as indications that Trump administration enforcers will focus on algorithm-based price-fixing and are willing to "negotiate favorable settlements."
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August 11, 2025
Ex-Market Basket Execs Accused Of Flouting Stay-Away Order
Two high-level Market Basket executives fired last month amid a struggle over control of the popular New England grocery chain have made dozens of improper visits to the stores in a campaign to intimidate employees into going along with plans for another work stoppage, according to a complaint filed by the company on Monday in Massachusetts state court.
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August 11, 2025
Split 8th Circ. Revives Minn. Suit Over Union Leave
The Eighth Circuit on Monday revived a First Amendment challenge to a Minnesota school district policy that allows teachers to take paid leave to work for their union, saying the district spending public funds on benefits for teachers engaged in political actions gave residents standing to sue as taxpayers.
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August 11, 2025
Posner Accuser Wants Roberts To Pick Judges For Wage Case
The pro se plaintiff seeking to revive wage claims against retired Seventh Circuit Judge Richard A. Posner has filed an opposed motion asking the circuit's chief judge to request U.S. Chief Justice John Roberts assign out-of-circuit judges to preside over the case, arguing the circuit judges cannot be impartial.
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August 11, 2025
Charlotte Housing Authority Seeks To Split Bias Trial In Two
Charlotte's public housing authority Inlivian asked a North Carolina federal judge Monday to divvy up a former coordinator's upcoming workplace retaliation and discrimination trial into two parts so punitive damages are resolved separately.
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August 11, 2025
WWE Accuser Can Get Doctor's Records, But Not Depositions
The former World Wrestling Entertainment Inc. legal staffer who is suing the company on sex trafficking and abuse claims can access medical and billing records from her visits to a celebrity doctor, but she can't conduct any depositions without filing a separate lawsuit, a Connecticut state court judge ruled Monday.
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August 11, 2025
EPA Cancels Union Contracts Under Trump Order
The U.S. Environmental Protection Agency has canceled its collective bargaining agreements in line with President Donald Trump's directive to dozens of agencies to stop recognizing their workers' unions, which he said was to protect national security.
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August 11, 2025
Nestlé Faces Suit Over Alleged Child Labor In Supply Chain
A human rights group is claiming Nestlé has known of child labor being used throughout its West African cocoa supply chain and yet still marketed its "zero tolerance to child labor" policy in a new suit moved to D.C. federal court Friday.
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August 11, 2025
Fisher Phillips Adds Back Kahana Feld Labor Atty In Calif.
Fisher Phillips is expanding its West Coast team, announcing Monday a Kahana Feld LLP labor and employment ace is returning to the firm as a partner its Orange County office in Irvine, California.
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August 11, 2025
Fired PGA Tour Reporter Says Vaccine, Mask Objections Legit
A former PGA Tour on-air talent, who was terminated for not complying with COVID-19 protocols, has told a Florida federal court that a trial is the appropriate vehicle through which to analyze whether her religious objections were "bona fide," and that the question cannot be addressed at the summary judgment stage.
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August 11, 2025
NJ Says Subpoenas In Judge's Removal Suit Directly Relevant
New Jersey urged a state court to reject a bid by a former workers' compensation judge to quash its subpoenas in her suit over her removal from the bench, arguing that the material is directly relevant to its defenses.
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August 11, 2025
6th Circ. Bucks EEOC With Strict View On Client Harassment
An employer can only be held liable for a customer's harassment of an employee if the company intended for the misconduct to happen, the Sixth Circuit ruled, a strict stance that breaks with long-standing U.S. Equal Employment Opportunity Commission guidelines and other circuit case law.
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August 08, 2025
Fired Copyright Office Director Takes Fight For Job To DC Circ.
The ousted head of the U.S. Copyright Office brought the fight over President Donald Trump's termination of her to the D.C. Circuit on Thursday, where she asked for an emergency injunction to reinstate her while she challenges her "patently unlawful removal."
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August 08, 2025
Feds Aim To Dismiss ABA's 'Law Firm Intimidation Policy' Suit
The Trump administration on Friday asked a Washington, D.C., federal judge to throw out a lawsuit from the American Bar Association claiming the federal government has launched an unconstitutional war of intimidation against lawyers and law firms.
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August 08, 2025
Employment Authority: Recap Of 5 Major Wage-Hour Deals
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on a more than $200 million minimum wage settlement involving Disneyland and other major wage-and-hour deals at this point in 2025, a look at how a recent opinion from a divided Seventh Circuit panel shows judges' varying interpretations the U.S. Supreme Court's Groff ruling and the potential shifts in collection and reporting of union membership data after President Trump's firing of the Bureau of Labor Statistics commissioner.
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August 08, 2025
Trans Ex-Teacher Says His Fla. Constitution Claims Are Valid
A transgender former teacher has opposed a county school district's bid to toss his Florida federal court lawsuit claiming he was forced to quit after a new law required him to use incorrect pronouns at work, saying his suit should go forward under the state constitution.
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August 08, 2025
Tesla Ousted HR Workers Who Flagged Race Bias, Suit Says
Five former human resources workers and one former security employee at Tesla's beleaguered Fremont, California, facility said in a new lawsuit that higher-ups systemically punished employees who pushed back against racist and other discriminatory behavior at the plant.
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August 08, 2025
NY Judge Declines Monetary Sanctions Over Fake AI Citations
A New York magistrate judge has declined to impose monetary sanctions on attorneys for submitting a brief containing fake citations generated by artificial intelligence in a school employment dispute, finding that the mistake was unintentional and caused by an attorney grieving the recent death of her husband.
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August 08, 2025
X Says Former Employee Was Fired For Misconduct
A former X employee was fired after writing on Slack about a "kill command" that could have turned off the website, according to the social media company, telling a California federal court that his Worker Adjustment and Retraining Notification Act suit can't stand.
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August 08, 2025
Attys Seek Final OK Of $100M Walgreens Rx Cost Settlement
An Illinois federal judge should greenlight a $100 million settlement to claims that Walgreens overcharged insured customers for generic prescription drugs, the plaintiffs' attorneys said, asking the judge to wrap up the 8-year-old consumer protection litigation.
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August 08, 2025
Judge Rebuts 'Intemperate' Language In 'It Ends With Us' Row
A New York federal judge on Friday warned all litigants in actress Blake Lively's defamation case against her "It Ends With Us" co-star Justin Baldoni not to use "intemperate" language and personal attacks in court filings.
Expert Analysis
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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.
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Navigating The Use Of AI Tools In Workplace Investigations
Excerpt from Practical Guidance
Artificial intelligence tools can be used in workplace investigations to analyze evidence and conduct interviews, among other things, but employers should be aware of the legal and practical risks, including data privacy concerns and the potential for violating antidiscrimination laws, say attorneys at Fisher Phillips.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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NLRB Firing May Need Justices' Input On Removal Power
President Donald Trump's unprecedented removal of National Labor Relations Board member Gwynne Wilcox spurred a lawsuit that is sure to be closely watched, as it may cause the U.S. Supreme Court to reexamine a 1935 precedent that has limited the president's removal powers, say attorneys at Kelley Drye.
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Trade Policy Shifts Raise Hurdles For Gov't And Cos. Alike
The persistent tension between the Trump administration's fast-moving and aggressive trade policies and the compliance-heavy nature of the trade industry creates implementation challenges for both the business community and the government, says Sara Schoenfeld at Kamerman.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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DOJ Immigration Playbook May Take Cues From A 2017 Case
A record criminal resolution with a tree trimming company accused of knowingly employing unauthorized workers in 2017 may provide clues as to how the U.S. Department of Justice’s immigration crackdown will touch American companies, which should prepare now for potential enforcement actions, says Jonathan Porter at Husch Blackwell.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.