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Employment
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September 03, 2025
Claim Mistake Dooms Flutist's Benefits Suit, 7th Circ. Says
The Seventh Circuit backed the dismissal of a musician's suit alleging an insurer wrongfully denied her long-term disability benefits claim after a COVID-19 infection caused chronic ear ringing, ruling she needs to file a new claim because she made an error in her first application.
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September 03, 2025
More K&L Gates Attys Jump To Arnold & Porter In LA, Seattle
Arnold & Porter Kaye Scholer LLP continues to grow its West Coast team, announcing Wednesday two more longtime K&L Gates LLP attorneys have joined as partners — a labor and employment expert in Seattle and a business litigation pro in Los Angeles.
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September 02, 2025
Fed Gov. Cook Doubles Down On Removal TRO Bid
Federal Reserve Board Gov. Lisa Cook on Tuesday doubled down in her bid to have a D.C. federal court block President Donald Trump's attempt to strip her of her position, saying the federal government was trying to expand the limits of a "for cause" removal.
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September 02, 2025
DC Circ. Refuses To Block Fired FTC Dem's Reinstatement
A split D.C. Circuit panel Tuesday refused to stay a lower court's order reinstating a Democratic member of the Federal Trade Commission, finding that the government has "no likelihood of success" fighting her reinstatement because President Donald Trump broke the law when he fired her without cause.
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September 02, 2025
Ex-XAI Engineer Who Joined OpenAI Must Hand Over Devices
A California federal judge on Tuesday ordered a former engineer at xAI, Elon Musk's artificial intelligence company, to temporarily hand over personal devices for a forensic examination in litigation accusing him of stealing trade secrets and confidential information before going to work for competitor OpenAI.
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September 02, 2025
9th Circ. Rejects Unvaxxed Firefighters' Discrimination Appeal
A Ninth Circuit panel declined on Tuesday to revive a group of Washington firefighters' suit against their employer for refusing them religious exemptions from a state COVID-19 vaccination mandate, concluding the fire agency would've faced "substantial costs" had it allowed them to continue working without the shot in 2021.
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September 02, 2025
Cannabis Co. Seeks To Toss Ex-COO's Fla. Whistleblower Suit
A Canadian cannabis company urged a Florida federal court to toss a whistleblower lawsuit brought by its former chief operating officer alleging he was wrongly terminated for attempting to bring facilities into compliance with safety standards, saying the complaint fails to state a plausible claim.
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September 02, 2025
Financial Firm Can't Pierce Atty-Client Privilege, Judge Rules
Wealth Enhancement Group LLC cannot override privilege laws to view communications between a former financial adviser's new employer and its lawyers at Spencer Fane LLP, according to a Connecticut judge who viewed the contested documents privately.
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September 02, 2025
Two Unions Fight Trump Order Ending Labor Rights
Unions representing thousands of employees of the U.S. Patent and Trademark Office and the National Weather Service challenged in a lawsuit Tuesday in D.C. federal court an executive order by President Donald Trump ending their collective bargaining agreements.
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September 02, 2025
Ex-Executive Slaps Novo Nordisk Unit With Sex, Age Bias Suit
A former finance director for a Novo Nordisk unit hit the company with a sex and age bias lawsuit last week, saying in a North Carolina federal court complaint that her career was cut short after she complained about workplace safety and discrimination.
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September 02, 2025
Littler Report: Wage Rule Limbo, DEI Reversal, NLRB Shakeup
Federal government efforts to end diversity, equity and inclusion programs; states’ industry-specific wage hikes that have reached new heights and a National Labor Relations Board that is stuck without a quorum are employment law trends to watch, Littler Mendelson PC’s Workplace Policy Institute said in an annual report. Here, Law360 explores the report’s findings.
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September 02, 2025
Ex-Education Exec's Pension Cut After Theft Conviction
The former director of East Haven, Connecticut's before-and-after-school program will see a $500 monthly reduction in her pension for almost nine years after a state court judge docked the payments due to her 2021 conviction for stealing from the town's board of education.
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September 02, 2025
Mass. Top Cannabis Regulator Wins Job Back
A Massachusetts state court judge reinstated the state's chief cannabis regulator Tuesday, finding that while her behavior may have been "abrasive, boorish, inconsiderate, ill-tempered, imprudent and/or otherwise unreasonable," it did not rise to the level of a firable offense.
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September 02, 2025
3M Beats Fired COVID-19 Vax Refuser's Religious Bias Suit
A Pennsylvania federal judge tossed a suit Tuesday from a Christian worker who claimed 3M fired her out of religious bias when she refused its COVID-19 vaccine mandate, ruling her termination was fair game because letting her remain unvaccinated would have made the company less competitive.
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September 02, 2025
Court Denies UFC's Attempt To Block Fighters' Class Cert.
A Nevada federal judge has rejected Ultimate Fighting Championship's motion seeking to deny class certification for fighters suing it over alleged suppressed wages, saying the request is premature.
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September 02, 2025
NC Court Upholds Ruling Against Pay For Pre-Job Training
A class of mental health workers seeking overtime compensation can't recover pay for training completed prior to the first day of work, as a North Carolina federal judge upheld a previous order finding that the time is not compensable under the federal Fair Labor Standards Act.
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September 02, 2025
Pot Cos. Say Berkshire Hathaway Unit Must Cover Death Suit
A group of cannabis companies said a Berkshire Hathaway unit must cover their defense in an underlying suit over a worker's death, telling a Florida federal court that the allegations trigger either the policy's workers' compensation coverage or employers' liability coverage.
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September 02, 2025
4th Circ. Won't Stop Dance Teachers From Using 'Inspire' TM
A charter school failed to convince the Fourth Circuit to block two former teachers from using the name "Inspire" for their dance company, with a panel finding Tuesday that the school's trademark infringement and false advertising claims didn't have enough juice.
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September 02, 2025
Ga. Atty Aims To Pause Arbitration In Wage Fight With Ex-Firm
An Atlanta attorney suing her former law firm, John Foy & Associates, is seeking to put arbitration on hold while her claims for harassment and retaliation play out in Georgia federal court, saying that allowing the two matters to proceed simultaneously risks "duplicative proceedings, inconsistent findings and unnecessary expense."
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September 02, 2025
NCAA Fights Wisconsin Footballer's Renewed Eligibility Bid
A University of Wisconsin football player's second bid for an injunction allowing him an extra year to play did not fix the problems that led to the first bid being overturned on appeal, the NCAA told a Wisconsin federal judge in its renewed defense of its eligibility rules.
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September 02, 2025
2nd Circ. Backs X In Arb. Fees In Severance Case
Courts can't sort out who pays arbitration fees, and employers' refusal to pay such fees isn't a failure to arbitrate, the Second Circuit ruled Tuesday, siding with X in a case accusing the social media platform of owing workers severance.
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August 29, 2025
Employment Authority: Courts Back A Broad EEOC
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on a recent Second Circuit ruling that adds to a growing consensus among circuit courts that the U.S. Equal Employment Opportunity Commission should have a long leash, why it may have just gotten harder for California employers to defend against minimum wage suits, and a reflection on the exit of National Labor Relations Board Chairman Marvin Kaplan.
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August 29, 2025
DC Judge Says Fed. Reserve Gov. Can't Get TRO Just Yet
Federal Reserve Board Governor Lisa Cook didn't walk away from her emergency hearing with the temporary restraining order she was looking for, but a D.C. federal judge said she was willing to expedite briefing over the president's attempt to strip Cook of her position.
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August 29, 2025
Logistics Cos. Can't Escape Worker Visa Misuse Class Action
Two logistics companies have failed to escape a proposed class action accusing them of misusing a professional worker visa program to lure workers from Mexico, with a Georgia federal judge trimming out some discrimination and fair labor claims, but allowing several others to proceed.
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August 29, 2025
EEOC, Sam's Club Strike $60K Deal In ADA Suit
The operators of warehouse club retail store Sam's Club will pay $60,000 to end a U.S. Equal Employment Opportunity Commission suit alleging a worker was refused accommodations and ultimately fired after attempting to return to work following an automobile accident.
Expert Analysis
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Union Interference Lessons From 5th Circ. Apple Ruling
The Fifth Circuit's recent holding that Apple did not violate the National Labor Relations Act during a store's union organizing drive provides guidance on what constitutes coercive interrogation and clarifies how consistently enforced workplace policies may be applied to union literature, say attorneys at Proskauer.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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Employer Tips As Memo Broadens Religious Accommodations
A recent Trump administration memorandum seeking to expand religion-related remote work accommodations for federal workers continues the trend of prioritizing religious rights in the workplace, which should alert all employers as related litigation shows no signs of slowing down, say attorneys at Seyfarth Shaw.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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5th Circ. Ruling Signals Strife For Employers Navigating ADA
While the Fifth Circuit’s recent decision in Strife v. Aldine Independent School District demonstrates that speed is not a perfect shield against workers' Americans with Disabilities Act claims, it does highlight how courts may hold employers liable for delays in the interactive accommodation process, say attorneys at Krevolin & Horst.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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4th Circ. Clarifies Employer Duties For ADA Accommodations
The Fourth Circuit's recent decision in Tarquinio v. Johns Hopkins indicates that an employer's obligation to provide accommodations under the Americans with Disabilities Act may never arise if an employee obstructs the process, underscoring that ADA protections depend on cooperation between both parties, say attorneys at Hunton.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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9 Jury Selection Lessons From The Combs Trial
U.S. District Judge Arun Subramanian’s unusually thorough jury selection process for the trial of Sean Combs offers attorneys and judges a master class in using case-specific juror questionnaires and extended attorney-led voir dire to impanel better juries that produce more just outcomes, say Kevin Homiak at Wheeler Trigg and Leslie Ellis at The Caissa Group.
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9th Circ.'s Trade Secrets Ruling Is A Win For DTSA Plaintiffs
The Ninth Circuit's recent decision in Quintara v. Ruifeng shifts the balance in federal trade secret litigation toward a more flexible, discovery-driven process, meaning that plaintiffs may be more likely to pursue claims under the Defend Trade Secrets Act, and early motions to strike or dismiss will face steep odds, say attorneys at Cooley.
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NY Bill Would Complicate Labor Law Amid NLRB Uncertainty
The New York Legislature passed a bill that, if enacted, would grant state agencies the power to enforce federal labor law, potentially causing significant challenges for employers as they could be subject to both state and federal regulators depending on the National Labor Relations Board's operational status, say attorneys at Sheppard Mullin.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Calif. Arbitration Fee Ruling Gives Employers Slight Leeway
The California Supreme Court's decision in Hohenshelt v. Superior Court of Los Angeles County offers a narrow lifeline that protects employers from losing arbitration rights over inadvertent fee payment delays, but auditing arbitration agreements and implementing payment tracking protocols can ensure that deadlines are always met, say attorneys at Buchalter.
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When Misconduct Can Trigger Bank Industry Employment Ban
The Federal Reserve Board recently settled an enforcement action in which a former employee of a Wyoming bank was banned from banking for conduct she allegedly committed at an entity unrelated to the bank, raising questions about the scope of regulatory enforcement authority, says Travis Nelson at Polsinelli.