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Employment
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January 27, 2026
Clinic Workers' Vax Bias Suit Needs 2nd Look, 3rd Circ. Says
A split Third Circuit panel reinstated a religious bias suit claiming Geisinger Medical Center illegally required workers who opposed its COVID-19 vaccine mandate to undergo nasal testing, saying the employees should have been allowed to explore whether a chemical in the nasal swabs made that accommodation unreasonable.
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January 27, 2026
Divisions Emerge At 2nd Circ. Over Reproductive Rights Law
A Second Circuit panel appeared split Tuesday on whether an anti-abortion group challenging a New York state law that bars employers from penalizing workers based on their reproductive health decisions has standing to challenge the law as unconstitutional.
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January 27, 2026
6th Circ. Frees Kellanova From Arbitrating Promotion Fight
Snack-maker Kellanova doesn't have to arbitrate a promotion dispute with a Bakery, Confectionery, Tobacco Workers and Grain Millers union local, the Sixth Circuit ruled, finding the dispute isn't arbitrable under an expired collective bargaining agreement.
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January 27, 2026
Chancery Tosses Retiring BDO USA Partner's Equity Case
The Delaware Chancery Court has dismissed a former partner of a major accounting firm's lawsuit challenging the company's decision to strip him of equity status after he announced plans to retire, holding that the governing partnership agreement gave the firm's board unfettered discretion to do exactly that.
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January 27, 2026
Duke Settles NIL Contract Fight With Star Quarterback
Duke University settled its lawsuit over the terms of quarterback Darian Mensah's name, image and likeness rights contract with the school Tuesday, clearing the path for him to transfer elsewhere for the upcoming football season.
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January 27, 2026
Reporting Duty Doesn't Nix Whistleblower Status, Court Finds
Massachusetts' top appellate court ruled Tuesday that a former employee of a Boston community college was entitled to whistleblower protections for reporting that the college had not told the U.S. Department of Education about an alleged sexual assault, even though he shared in the reporting responsibility.
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January 26, 2026
Ex-Citi Exec Says Rampant Misogyny Was A 'Price Too Steep'
A former high-ranking director at Citigroup says she was "debased and humiliated" by false workplace rumors that she pursued sexual relations with a superior in order to secure a promotion, alleging in a lawsuit filed in New York federal court on Monday that persistent misogynistic culture at the investment bank forced her out of a job.
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January 26, 2026
Court Urged To Resist Apple's Transfer Bid In IP, RICO Suit
Fintiv Inc. has hit back at Apple's request that a Georgia federal court either dismiss or transfer its trade secrets and racketeering case against the tech giant to Texas federal court, arguing that moving the case isn't appropriate "just because Apple likes a particular judge."
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January 26, 2026
Justices Urged To Keep Baseball's Antitrust Shield In Play
Puerto Rico's professional baseball league on Monday urged the U.S. Supreme Court not to disturb the sport's century-old exemption from antitrust law, arguing that the justices have rejected similar challenges to the shield time and time again.
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January 26, 2026
Thousands Of Kaiser Nurses Strike In California And Hawaii
Kaiser Permanente nurses walked off the job Monday at more than two dozen hospitals and clinics in California and Hawaii, adding about 30,000 workers to the swelling ranks of healthcare employees on strike across the country.
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January 26, 2026
Judge Won't Block Bombing Evidence From Fluor Fraud Trial
A South Carolina federal judge declined for now Fluor Corp.'s request to block all evidence and testimony related to a suicide bombing at Bagram Airfield in Afghanistan and employee retaliation from an upcoming trial over accusations that the company overcharged the military.
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January 26, 2026
Tampa Bay Lightning Owners Face Racial Discrimination Suit
A Black ticketing staffer for the Tampa Bay Lightning has faced retaliation and a hostile work environment because of his race, he alleged in a federal lawsuit against the hockey team's ownership group.
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January 26, 2026
H-2A Truck Drivers Seek Collective Certification In OT Suit
A Colorado company subjects all its tractor-trailer drivers to the same illegal policy of considering them overtime-exempt under federal law, a group of migrant workers said, urging a Colorado federal court to greenlight a collective.
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January 26, 2026
Colo. Clinic To Pay $1.2M To End NLRB's Doc Firing Case
Five doctors who sought to unionize their Colorado health center will share in $1.2 million after a National Labor Relations Board official approved a deal ending a case alleging that the chain fired them for organizing, the agency announced Monday.
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January 26, 2026
Ill. Jury Rejects Ex-CTA Worker's Vax Bias Claims
An Illinois federal jury sided with the Chicago Transit Authority on Monday over a former employee's claim that he was illegally terminated for noncompliance with the agency's COVID-19 vaccine mandate after the agency flatly rejected his religion-based exemption request without meaningfully trying to accommodate it.
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January 26, 2026
9th Circ. Pauses Discovery Order In UFC Wage Suits
A Ninth Circuit panel temporarily paused a Nevada federal court's discovery order in wage suppression lawsuits against UFC after the mixed martial arts organization said the order violated attorney-client privilege and the First Amendment.
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January 26, 2026
NJ Court Says Security Co.'s Harassment Suit Needs 2nd Look
A New Jersey state appeals panel ruled Monday that despite a valid arbitration pact, a worker who said security logistics company Brink's failed to take action when colleagues called her gendered slurs may still be entitled to her day in court.
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January 26, 2026
Foley & Lardner Can't Dodge Pro-Palestinian Atty's Bias Suit
A Chicago federal judge on Monday denied Foley & Lardner LLP's bid for an early win against claims brought by a former summer associate who said discrimination led to the firm's decision to rescind a job offer after she publicly supported Palestinians amid Israel's war with Hamas.
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January 26, 2026
Federal Contractor Opexus Sued Over EEOC Data Breach
D.C.-based government software contractor Opexus is facing a class action alleging that its negligence allowed two former employees — both of whom had been convicted for hacking previously — to copy more than 1,800 U.S. Equal Employment Opportunity Commission files onto USB drives and take the data.
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January 26, 2026
Ex-Calif. Judge Takes Aim At Sex Assault Charge
A former California judge said a count of a federal indictment accusing him of sexual assault should be tossed since the alleged victim viewed him as a friend.
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January 26, 2026
NJ Court Revives UAW's Casino Smoking Law Challenge
A New Jersey state appeals court revived a challenge to a state law allowing people to smoke in casinos Monday, giving the United Auto Workers another chance to argue that the law harms the casino employees it represents by exposing them to secondhand smoke.
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January 26, 2026
Suit Over Fatal Fire Can Go To Philippines, Conn. Justices Say
The Connecticut Supreme Court ruled Monday that a trial court conducted the right assessment in deciding that a wrongful death suit over a devastating call center fire belonged in the Philippines, in a defeat for the estate administrator for 29 people who were killed.
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January 26, 2026
DOL Asks 3rd Circ. To Back Siemens' 401(k) Forfeiture Suit Exit
The U.S. Labor Department supported Siemens Corp.'s request that the Third Circuit affirm the dismissal of a proposed class action alleging the technology company's use of millions in forfeited 401(k) funds violated federal benefits law, agreeing with a lower federal court that the allegations reached beyond ERISA's scope.
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January 26, 2026
Pet Treat Maker Will Pay $975K To End Donning, Doffing Row
A pet product manufacturer has agreed to pay $975,000 to resolve a proposed class and collective action alleging the company failed to pay its employees for the time they spent putting on and removing personal protective equipment, according to settlement papers filed in Colorado federal court.
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January 26, 2026
Colo. Staffing Co. Must Face Nurses' Strike Pay Suit
A staffing company cannot escape a lawsuit that nearly 40 nurses brought alleging they were not properly paid while temporarily working at Kaiser Permanente facilities in California during a 2023 strike, a Colorado federal magistrate judge has ruled, finding the healthcare workers sufficiently backed up their allegations.
Expert Analysis
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Series
Mindfulness Meditation Makes Me A Better Lawyer
Mindful meditation enables me to drop the ego, and in helping me to keep sight of what’s important, permits me to learn from the other side and become a reliable counselor, says Roy Wyman at Bass Berry.
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Lessons From 7th Circ. Decision Affirming $183M FCA Verdict
The Seventh Circuit's decision to uphold a $183 million False Claims Act award against Eli Lilly engages substantively with recurring materiality and scienter questions and provides insights into appellate review of complex trial court judgments, say Ellen London at London & Naor, Li Yu at Bernstein Litowitz and Kimberly Friday at Osborn Maledon.
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$233M Disney Deal Shows Gravity Of Local Law Adherence
A California state court recently approved a $233 million settlement for thousands of Disneyland workers who were denied the minimum wage required by a city-level statute, demonstrating that local ordinances can transform historic tax or bond arrangements into wage law triggers, says Meredith Bobber Strauss at Michelman & Robinson.
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AI Litigation Tools Can Enhance Case Assessment, Strategy
Civil litigators can use artificial intelligence tools to strengthen case assessment and aid in early strategy development, as long as they address the risks and ethical considerations that accompany these uses, say attorneys at Barnes & Thornburg.
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How Employers Should Reshape AI Use As Laws Evolve
As laws and regulations on the use of artificial intelligence in employment evolve, organizations can maximize the innovative benefits of workplace AI tools and mitigate their risks by following a few key strategies, including designing tools for auditability and piloting them in states with flexible rules, say attorneys at Cooley.
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Attys Beware: Generative AI Can Also Hallucinate Metadata
In addition to the well-known problem of AI-generated hallucinations in legal documents, AI tools can also hallucinate metadata — threatening the integrity of discovery, the reliability of evidence and the ability to definitively identify the provenance of electronic documents, say attorneys at Law & Forensics.
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When Atty Ethics Violations Give Rise To Causes Of Action
Though the Model Rules of Professional Conduct make clear that a violation of the rules does not automatically create a cause of action, attorneys should beware of a few scenarios in which they could face lawsuits for ethical lapses, says Brian Faughnan at Faughnan Law.
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H-1B Fee Guidance Is Helpful But Notable Uncertainty Persists
Recent guidance narrowing the scope of the $100,000 entry fee for H-1B visas will allow employers to plan for the hiring season, but a lack of detail about the mechanics of cross-agency payment verification, fee exemptions and other practical matters still need to be addressed, say attorneys at Klasko Immigration Law Partners.
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Indiana Law Sets New Standard For Wage Access Providers
The recent enactment of a law establishing a comprehensive regulatory framework for earned wage access positions Indiana as one of the leading states to allow EWA services, and establishes a standard that employers must familiarize themselves with before the Jan. 1 effective date, say attorneys at Faegre Drinker.
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Series
Practicing Stoicism Makes Me A Better Lawyer
Practicing Stoicism, by applying reason to ignore my emotions and govern my decisions, has enabled me to approach challenging situations in a structured way, ultimately providing advice singularly devoted to a client's interest, says John Baranello at Moses & Singer.
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How Courts Treat Nonservice Clauses For Financial Advisers
Financial advisers considering a job change should carefully consider recent cases that examine controlling state law for nonservice and nonacceptance provisions to prepare for potential legal challenges from former firms, says Andrew Shedlock at Kutak Rock.
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Series
The Biz Court Digest: Texas, One Year In
A year after the Texas Business Court's first decision, it's clear that Texas didn't just copy Delaware and instead built something uniquely its own, combining specialization with constitutional accountability and creating a model that looks forward without losing touch with the state's democratic and statutory roots, says Chris Bankler at Jackson Walker.
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AG Watch: Illinois A Key Player In State-Level Enforcement
Illinois Attorney General Kwame Raoul has systematically strengthened his office to fill federal enforcement gaps, oppose Trump administration mandates and advance state policy objectives, particularly by aggressively pursuing labor-related issues, say attorneys at Troutman.
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What's At Stake In High Court Pension Liability Case
The U.S. Supreme Court’s upcoming decision in M&K Employee Solutions v. Trustees of the IAM National Pension Fund will determine how an employer’s liability for withdrawing from a multiemployer retirement plan is calculated — a narrow but key issue for employer financial planning and collective bargaining, say attorneys at Thompson Hine.
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Series
Law School's Missed Lessons: Educating Your Community
Nearly two decades prosecuting scammers and elder fraud taught me that proactively educating the public about the risks they face and the rights they possess is essential to building trust within our communities, empowering otherwise vulnerable citizens and preventing wrongdoers from gaining a foothold, says Roger Handberg at GrayRobinson.