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Employment
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June 12, 2025
High Court Levels ADA Playing Field For Disabled Students
The U.S. Supreme Court on Thursday ruled students claiming disability discrimination in public schools should not face a higher standard of proof than plaintiffs in other Americans with Disabilities Act and Rehabilitation Act lawsuits.
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June 11, 2025
Ex-Google Engineer Loses Bid To Toss AI Espionage Counts
A California federal judge has refused to toss economic espionage charges against an ex-Google engineer accused of stealing artificial intelligence trade secrets to help startups in China, adding that prosecutors' assertion that the man was trying to benefit the People's Republic of China "as opposed to benefiting himself ... seems dubious."
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June 11, 2025
OneTaste Leaders In Custody Over Forced Labor Conspiracy
A Brooklyn federal judge denied a bond motion Tuesday by Nicole Daedone, the co-founder of sexual wellness company OneTaste, and her former deputy Rachel Cherwitz after they were convicted of a forced-labor conspiracy, rejecting their bid to remain on bail pending sentencing.
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June 11, 2025
Fed. Circ. Says VA Worker Must Submit To Random Drug Tests
The Federal Circuit has upheld an arbitration decision requiring a U.S. Department of Veterans Affairs employee, allegedly caught using marijuana on the job, to release her medical records and submit to random drug testing as part of a slate of conditions for her to return to work, finding the arbitrator's award acceptable.
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June 11, 2025
Miami Faces Atty Whistleblower Suit Over Mismanaged Funds
An attorney who managed billions of dollars worth of real estate for Miami brought a lawsuit alleging the city violated her state whistleblower protection rights, saying she was abruptly terminated after trying to report alleged payroll violations and financial mismanagement to her supervisors.
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June 11, 2025
Ex-NASCAR Owner Pleads Guilty To Dodging Payroll Taxes
A former NASCAR team owner appeared in North Carolina federal court Wednesday to enter a guilty plea for his failure to pay payroll taxes, according to a U.S. Department of Justice statement.
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June 11, 2025
UNC Hospital System Must Face Ex-Resident's Bias Suit
The University of North Carolina's hospital system must face a discrimination lawsuit filed by a fired surgical resident, a North Carolina federal judge ruled Wednesday, tossing the system's motion to dismiss claims that the discharge decision was motivated by bias against the resident's mental health conditions.
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June 11, 2025
American Airlines Workers Win $18.7M Toxic Uniform Award
A California state jury has awarded $18.7 million to five American Airlines flight attendants who blamed their employer and a uniform maker for causing them to suffer injuries due to uniforms made with toxic chemicals.
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June 11, 2025
Think Tank Says Ill. 'Captive Audience' Fight Should Proceed
A libertarian think tank and business group urged an Illinois federal judge Wednesday to let its legal challenge to a recent state law banning mandatory workplace meetings on politics and religion continue, arguing its already-chilled speech is enough to establish pre-enforcement standing.
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June 11, 2025
8th Circ. Probes NLRB's Process In Home Depot 'BLM' Ruling
An Eighth Circuit panel questioned Wednesday the process behind the National Labor Relations Board's ruling that Home Depot illegally forced out a worker for displaying the letters "BLM" on their apron but didn't tip its hand on whether this move was within the company's rights.
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June 11, 2025
Firm Tells NC Panel To Rethink Ex-Partner's Retroactive Care
Cranfill Sumner LLP has asked a North Carolina appellate panel to rethink a single issue from the court's sweeping workers' compensation ruling last month favoring a former partner, saying there is not enough evidence to support granting him retroactive attendant care for his disability.
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June 11, 2025
Walmart Pharmacist Says Age, Disability Bias Led To Firing
A former pharmacy manager at a Massachusetts Walmart said he suffered age and disability discrimination following a stroke, then was wrongfully fired after more than 20 years with the retailer.
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June 11, 2025
Union Pacific Can Appeal BIPA Retroactivity At 7th Circ.
An Illinois federal judge on Tuesday allowed Union Pacific to pursue an early appeal of her finding that a recent amendment to Illinois' biometric privacy law limiting companies' exposure does not apply retroactively, recognizing the "novelty and complexity of the legal issue" and allowing the Seventh Circuit the opportunity to weigh in.
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June 11, 2025
Houston Atty Says Rival's Client Files Aren't Trade Secrets
A Houston attorney accused of stealing another lawyer's files in an attempt to recruit clients to file malpractice suits told a Texas appellate court that his rival "misrepresents facts to support his false narrative" that the information constituted trade secrets.
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June 11, 2025
Amazon Union Reps Defend Suit Challenging NYPD Arrests
Amazon should face claims that it started illegally calling the police on labor demonstrations after its workers' union affiliated with the Teamsters, Amazon Labor Union officials argued, asking a New York federal judge to preserve a lawsuit that also names the New York Police Department as a defendant.
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June 11, 2025
Vedder Price Boosts IP, Exec Compensation Teams In NY
Vedder Price PC has bulked up its New York office with the addition of an intellectual property attorney from Vinson & Elkins LLP and an executive compensation and employee benefits pro from Schulte Roth & Zabel LLP.
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June 11, 2025
2nd Circ. Says Retirement Funds Can't Pay Arbitration Award
The Second Circuit refused to let a Japanese video game company raid retirement accounts established by an American game development executive to pay part of a $23.3 million arbitration award related to an intellectual property dispute, ruling the funds are protected by federal benefits law.
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June 11, 2025
Lockheed Not Liable For Reporting Employee To Government
Lockheed Martin is shielded from a former employee's defamation and other claims that were based on the defense contractor's mandatory reporting of suspected misconduct, a Massachusetts intermediate appellate court ruled Wednesday.
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June 11, 2025
Oklahoma Pot Agency Wants Claims Tossed In Retaliation Suit
The Oklahoma Medical Marijuana Authority is urging a federal court to throw out Title VII and Age Discrimination in Employment Act claims in a suit by a former contract monitor who alleges she was fired for whistleblowing.
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June 11, 2025
DOL, EEOC Noms To Go Before Senate Panel
President Donald Trump's nominees for key roles in the U.S. Department of Labor and U.S. Equal Employment Opportunity Commission will stand before a Senate committee next week, the panel said Wednesday.
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June 11, 2025
Disney's Hiring Is Biased Toward Immigrants, Calif. Court Told
The Walt Disney Co. illegally fired a human resources specialist because she raised concerns about what she saw as the company's practices of primarily hiring immigrant workers while disproportionately firing African American employees, she told a California state court.
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June 11, 2025
Ex-Copyright Leader Says Firing Risks 'Inoperable' Agency
The fired leader of the U.S. Copyright Office has asked a D.C. federal judge to block the Trump administration's action while she challenges her termination, arguing that significant functions of the government agency could be rendered "inoperable" without judicial intervention.
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June 11, 2025
Weinstein Convicted Of 1 Charge In Mixed, Partial Verdict
A Manhattan state court jury on Wednesday convicted movie mogul Harvey Weinstein of sexually assaulting a production assistant, acquitted him of assaulting a former model and indicated it had so far failed to reach a verdict on a charge alleging he raped an actress.
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June 10, 2025
Tech Recruiter Settles DOJ Claims It Favored Visa Workers
A San Francisco Bay Area-based technology recruiting company agreed Tuesday to pay civil penalties and change its recruiting practices to resolve allegations it illegally preferred H-1B visa holders over U.S. workers, marking the government's renewed push under the Trump administration to enforce the Immigration and Nationality Act against companies favoring foreign workers.
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June 10, 2025
Vertex Says Tax Software Rival Purposely Destroyed Evidence
Tax compliance software company Vertex Inc. told a Pennsylvania federal judge Monday that Avalara intentionally destroyed and failed to preserve "key sources of electronically stored information crucially relevant" to Vertex's lawsuit accusing its rival of poaching workers to steal trade secrets.
Expert Analysis
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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.
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PG&E Win Boosts Employers' Defamation Defense
A California appeals court's recent Hearn v. PG&E ruling, reversing a $2 million verdict against PG&E related to an ex-employee’s retaliation claims, provides employers with a stronger defense against defamation claims tied to termination, but also highlights the need for fairness and diligence in internal investigations and communications, say attorneys at Kaufman Dolowich.