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Employment
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August 27, 2025
7th Circ. Backs Ill. Teacher's Firing Over Facebook Posts
The Seventh Circuit has held that an Illinois public school teacher's First Amendment rights weren't violated when she was terminated for "inflammatory" Facebook posts she made during protests following the police killing of George Floyd, saying the school district's interest in addressing the disruption her posts caused outweighed her free speech interests.
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August 27, 2025
Mich. Judge Advises Trimming $500K Fees For Retaliation Win
A magistrate judge said a human resources director who won a retaliation suit should be awarded attorney fees but recommended slashing costs for a third plaintiffs attorney to attend the trial and for tasks the judge said could have been performed by junior associates.
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August 27, 2025
Personal Injury Firm Accuses Rival Of 'Bait And Switch'
A Boston personal injury firm facing claims it ripped off another firm's marketing plan launched a countersuit claiming that the rival is using an illegal business model and lying to try to stop a growing competitor.
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August 26, 2025
Judge Won't Pause Order To Reinstate Foreign Aid
A D.C. federal judge denied Monday night the Trump administration's request to stay his preliminary injunction requiring the government to commit certain foreign aid funds by Sept. 30, writing that the administration had said months ago that it could begin obligating money earlier this month if it had to.
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August 26, 2025
Joseph Nocella Jr. Appointed US Attorney For EDNY
Joseph Nocella Jr. on Tuesday was reportedly appointed as the U.S. attorney for the Eastern District of New York, having served as the district's interim top prosecutor since early May.
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August 26, 2025
5th Circ. Revives Claims Against Tyson In COVID Death Suit
A split Fifth Circuit panel on Tuesday reinstated a suit brought by a widow accusing Tyson Foods of negligently failing to prevent the spread of COVID-19 at an East Texas plant that caused the death of a worker, saying certain claims were not preempted by a federal food safety law.
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August 26, 2025
Uber Eats To Pay Couriers $15M To End Seattle's Wage Claims
Uber Eats has inked a $15 million settlement to end allegations that it flouted the city of Seattle's worker protection laws by failing to pay drivers what they were promised, including bonus earnings and minimum payments for canceled fares.
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August 26, 2025
Tire Co. Says EEOC Can't Bring ADA Suit Without Quorum
The Carlstar Group has urged a Tennessee federal judge to toss the Equal Employment Opportunity Commission's complaint alleging it has a practice of discriminating against workers who legally took narcotics for long-term injuries, arguing the agency lacks a three-member quorum and the authority to determine whether to sue the tire maker.
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August 26, 2025
7th Circ. Won't Compel Arbitration In Uber Driver's Pay Suit
Uber was correctly ordered to litigate a driver's pay claims in a lawsuit which three other plaintiffs must arbitrate, the Seventh Circuit said Tuesday, agreeing with a lower court that found the issue had already been decided in the driver's state court case.
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August 26, 2025
Meta Fired Worker For Being Older White Male, Bias Suit Says
A former Meta Platforms Inc. employee filed an age bias suit in California state court Tuesday, alleging the company prioritized non-white, non-male workers and applicants for job opportunities, bonuses and promotions, before it eventually executed a "reduction in force" that disparately affected older workers who ended up being terminated.
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August 26, 2025
NBA's Suns Seek Sanctions Over Alleged Fake Case Citations
Operators of the NBA's Phoenix Suns asked the court Tuesday to impose sanctions on counsel representing a woman suing the organization for workplace sexual harassment, saying the woman's counsel cited made-up cases and quotes in their filings at least 16 times.
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August 26, 2025
New York Fed Wants Out Of Ex-Fed Worker's Vax Bias Suit
The Federal Reserve Bank of New York and two of its executives seek an exit from a former Fed employee's vaccine status discrimination suit in North Carolina federal court, arguing Monday that the ex-worker's suit inaccurately described the New York Fed as the plaintiff's "co-employer."
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August 26, 2025
Christian Clinic Says Mich. Stance On Bias Law Still Unclear
The state of Michigan should be forced to clarify if it believes a Christian medical clinic's opposition to gender-affirming care and its pronoun policy is discriminatory under state civil rights law, the clinic told a Michigan federal judge.
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August 26, 2025
Ex-Case Manager Says Maryland Law Firm Failed To Pay OT
A former case manager told a Virginia federal court Tuesday that a law firm failed to pay her for the overtime she regularly worked, especially after the firm's manager was accused of mishandling clients' files.
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August 26, 2025
'Belief' Insufficient For Trade Secrets Claims, NC Biz Judge Says
A trio of healthcare and real estate companies couldn't secure a preliminary injunction meant to prevent their former CEOs from disclosing or using alleged trade secrets, as North Carolina's business court ruled the amended complaint relied too heavily "on information and belief."
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August 26, 2025
X Corp. Settles WARN Act Suit With Worker Terminated In 2022
A former X Corp. employee has settled its lawsuit alleging that he wasn't given a heads-up before the company conducted mass layoffs in 2022 following Elon Musk's takeover, prompting a California federal judge to conditionally dismiss the case on Monday, two weeks before trial had been set to begin.
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August 26, 2025
BofA, Merrill Want Deferred Compensation Fight Moved To NC
Two former Merrill Lynch financial advisers who claim they were deprived of their deferred compensation must litigate their case in North Carolina, the wealth management company told a New Jersey federal judge, citing a forum selection clause in their compensation agreements.
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August 26, 2025
Cert. In Pepperidge BIPA Action Sunk Over Counsel Conflict
An Illinois appellate panel on Monday reversed a trial court's order certifying a class of Pepperidge Farm workers bringing biometric privacy claims, saying it improperly allowed the law firm of the lead plaintiff's daughter to remain as class counsel.
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August 26, 2025
Credit Union Wants Ex-CEO's Latest Wage Claims Trimmed
Sound Federal Credit Union wants a Connecticut Superior Court judge to trim its former CEO's recently revamped employment lawsuit, saying defamation and failure to pay wages claims should be removed from his complaint before his breach of contract claim advances.
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August 26, 2025
NY Judge In NFL Case May Hold No-Show Atty In Contempt
The Manhattan federal judge presiding over a high-profile racial discrimination lawsuit against the NFL said Tuesday she will initiate a contempt proceeding against a California lawyer who failed to appear to further explain an erroneous filing that stated he could practice in New York.
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August 26, 2025
Netflix Flight Attendant Says Harassment Report Led To Firing
A former flight attendant for Netflix's private air fleet accused the streaming company of withholding her raise and eventually firing her after she reported several instances of sexual harassment, including one involving a pilot's sexually explicit Christmas cards.
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August 26, 2025
Willig Williams Atty Named Philly Leader Of Labor Group
An attorney at Willig Williams & Davidson's Philadelphia office with more than 15 years of experience representing workers has been tapped to lead the city's branch of the Labor and Employment Relations Association through next spring.
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August 26, 2025
NLRB Defends Injunction Order Against Hospital At 6th Circ.
The National Labor Relations Board asked the Sixth Circuit to uphold a district court injunction requiring a Michigan hospital to recognize a Service Employees International Union affiliate, telling the appeals court that evidence shows the hospital's withdrawal of recognition led to a drop in union support.
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August 26, 2025
3rd Circ. Affirms Toss Of NJ-Pa. Transit Line Death Suit
The Third Circuit on Tuesday refused to revive an estate's wrongful death suit against Port Authority Transit Corp. and Delaware River Port Authority, saying the trial court rightly found that the line on which the decedent was killed is not a railroad subject to the Federal Employers' Liability Act.
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August 26, 2025
Fed's Lisa Cook Preps Lawsuit Over Trump Firing
Federal Reserve Gov. Lisa Cook is preparing to file a lawsuit over President Donald Trump's announcement that she has been terminated from her position, allegedly for committing mortgage fraud, her lawyer said Tuesday.
Expert Analysis
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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.
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How Justices Rule On Straight Bias May Shift Worker Suits
Following oral argument at the U.S. Supreme Court in Ames v. Ohio Department of Youth Services, in which a heterosexual woman sued her employer for sexual orientation discrimination, the forthcoming decision may create a perfect storm for employers amid recent attacks on diversity, equity and inclusion, say attorneys at Proskauer.
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Rebuttal
6 Reasons Why Arbitration Offers Equitable Resolutions
Contrary to a recent Law360 guest article, arbitration provides numerous benefits to employees, consumers and businesses alike, ensuring fair and efficient dispute resolution without the excessive fees, costs and delays associated with traditional litigation, say attorneys at Proskauer.