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Employment
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April 29, 2025
HR Co. Execs Say Insurance Biz Can't Sue Companies It Owns
Executives of a human resources management and staffing company urged a Florida federal court to toss a lawsuit brought by its workers' compensation insurance manager alleging it's owed $25 million over a dissipated collateral fund, saying the litigation is "collusive" because the parent company controls the entities it's suing.
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April 29, 2025
USPTO Flouted Labor Law At Examiner Meeting, Union Says
The labor union representing the federal government's patent examiners has filed a formal complaint alleging a representative for the union was blocked from being able to talk at a meeting between the workers and the federal patent office.
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April 29, 2025
6th Circ. Reopens Ex-Mich. County Worker's Firing Challenge
The Sixth Circuit partially revived a former Michigan county department head's lawsuit claiming he was fired because he was in his 50s, finding Tuesday that while his age bias claim can't proceed, a reasonable jury could find he wasn't given an adequate opportunity to challenge his termination before it was finalized.
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April 29, 2025
Kroger-Owned Chain Fights To Keep UFCW Suit Alive
The Kroger-owned grocery chain King Soopers urged a Colorado federal judge Tuesday to preserve its lawsuit against a United Food and Commercial Workers local, saying the company can prove that the union is placing unlawful pressure on it to bargain with multiple locals at once.
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April 29, 2025
Workday Bias Suit May Gain Collective Status
A federal judge appeared inclined Tuesday to greenlight a collective action from job applicants over 40 who say they were unlawfully steered away from jobs by a Workday hiring tool, saying she saw a "common answer" applying across the proposed group.
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April 29, 2025
Trump Can't Reorganize Gov't Without Congress, Groups Say
President Donald Trump lacks the power to reorganize the executive branch and push for mass terminations of workers when Congress hasn't given its blessing, unions and other groups told a California federal court.
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April 29, 2025
Union Pension Fund Wins $132M Bailout Suit At 2nd Circ.
A union pension fund won its multimillion-dollar dispute with the Pension Benefit Guaranty Corp. on appeal Tuesday, with the Second Circuit reversing a New York federal judge's 2023 decision that the PBGC was within its rights to reject the fund's 2022 application for $132 million in financial assistance.
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April 29, 2025
Combs Wants Gag Order For Attorneys Repping Accusers
Hip-Hop mogul Sean "Diddy" Combs asked a Manhattan federal judge Tuesday to direct attorneys representing his accusers to not make extrajudicial statements until his upcoming trial on sex-trafficking charges concludes.
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April 29, 2025
Ex-Plant Workers Take Aim At Company's Atty Bribe Claims
Two former employees of a plastics manufacturing plant are urging a Georgia federal court to disregard the company's attempt to push liability for an alleged bribery offer sent to their attorney onto a disgruntled former executive rather than the company's current financial director.
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April 29, 2025
Littler Brings Back Arbitration Pro In Calif.
Labor and employment firm Littler Mendelson PC is expanding its California arbitration team, announcing Tuesday that it is welcoming back an employment attorney who left briefly to join Whitney Thompson & Jeffcoach LLP.
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April 29, 2025
Boston Seafood Co. Says Salmon Exec Stole Trade Secrets
A former C-suite executive and head of salmon accounts at a Boston-area seafood distributor spent months emailing sensitive trade secrets from his work account to a Norwegian competitor before joining it to launch a rival business in the U.S., according to a federal lawsuit filed Tuesday.
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April 29, 2025
Federal Defenders Of NY Staff Announce Union Drive
Staff members at the Federal Defenders of New York have announced their plans to join their attorney colleagues as members of the Association of Legal Advocates and Attorneys.
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April 29, 2025
3rd Circ. Denies Post-Gazette Bid To Tweak Benefits Order
The publisher of the Pittsburgh Post-Gazette can't get the Third Circuit to clarify or tweak an order to put its newsroom employees back on their old health insurance plan, despite concerns from the newspaper company that it may not have been eligible to reenroll them in the plan and would rather go back to bargaining instead.
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April 29, 2025
Florida, 20 Other States Back FTC Commissioner Firings
A group of 21 Republican-led states and the Arizona Legislature are backing President Donald Trump's firing of two Democratic Federal Trade Commission members, telling the D.C. federal judge hearing the commissioners' case that the president has absolute authority over the commission.
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April 29, 2025
OneTaste Execs Can't Get High Court Relief Over 'Stolen' Docs
The U.S. Supreme Court on Tuesday refused to bar allegedly stolen and privileged documents from being used at the upcoming forced-labor conspiracy trial of two former OneTaste executives.
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April 29, 2025
Judge Wants Discovery On Investigator In Buzbee-Jay-Z Feud
A Texas federal judge is considering allowing limited discovery in an ongoing legal feud between Tony Buzbee and Shawn "Jay-Z" Carter to determine whether an investigator named by the personal injury lawyer across three lawsuits exists.
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April 29, 2025
Associate Secretly Worked For Rival Firm, Suit Says
An associate at a small law firm outside Boston secretly worked to help another firm set up a competing zoning and land use practice while still on its payroll, according to a complaint filed in Massachusetts state court.
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April 29, 2025
Judge Tosses Chalmers' NIL Suit, Hands NCAA Major Victory
In a significant win for the NCAA against a wave of college athletes suing for past name, image and likeness compensation as a multibillion-dollar settlement awaits approval, a New York federal judge dismissed a proposed class action by 16 former men's basketball players accusing the NCAA of exploiting them long after their careers ended.
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April 28, 2025
DC Circ. Restores Ban On CFPB Mass Layoffs Amid Appeal
A D.C. Circuit panel said Monday that the Consumer Financial Protection Bureau must refrain for now from mass employee firings, backtracking from a prior decision that the Trump administration had used to attempt a now-suspended layoff of nearly all the agency's staff.
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April 28, 2025
Second Round Of Conn. Firm Windup Fight Sent To Arbitration
A Connecticut state court judge has paused a derivative lawsuit that an attorney filed against his onetime 50-50 law partner at Connecticut Trial Firm LLC, sending it instead to arbitration.
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April 28, 2025
Levi's Biased Against Pregnant Exec, Jury Told At Trial's Start
Counsel for a former Levi Strauss executive suing for sex discrimination told a California federal jury Monday that her manager told the then-pregnant woman she lacked "work capacity" for a promotion, while Levi's lawyer said she merely "grew impatient" climbing the corporate ladder at a company where many mothers are leaders.
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April 28, 2025
Ex-Disney Worker Gets 3 Years For Profanity-Laced Menus
A former Walt Disney World employee was sentenced to three years behind bars after he pled guilty in Florida federal court to hacking into a program used to create menus for the theme park's restaurants, adding profanities, changing prices and altering allergen information that could have put patrons at risk.
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April 28, 2025
Chinese Cos. Lose Immunity Fight In 9th Circ. IP Case
The Ninth Circuit on Monday shot down arguments from related Chinese steel companies that they shouldn't have to face espionage charges that they stole DuPont trade secrets for creating titanium dioxide, saying they aren't protected by foreign sovereign immunity.
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April 28, 2025
Wells Fargo Investors Win Class Cert. In 'Sham' Hiring Case
A California federal judge has certified a class of thousands of Wells Fargo & Co. investors in litigation over the bank's alleged practice of conducting "sham" job interviews to meet diversity targets, a strategy investors say led to stock prices dropping when the truth came to light, according to an order issued Friday.
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April 28, 2025
Fatal Crash At Hospital Is Workers' Comp Case, NJ Panel Says
A lower court ruled correctly that a fatal crash in the employee parking lot of a hospital is a matter for workers' compensation, not the courts, a New Jersey appellate panel said Monday.
Expert Analysis
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Improving Comms Between Trial Attys And Tech Witnesses
In major litigation involving complex technology, attorneys should employ certain strategies to collaborate with companies' technical personnel more effectively to enhance both the attorney's understanding of the subject matter and the expert's ability to provide effective testimony in court, say attorneys at Buchalter.
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Navigating Title IX Compliance In The NIL Era
As universities push to move more name, image and likeness activity in-house, it's unclear how the NCAA and its members will square implementation of the House settlement with Title IX requirements, say attorneys at Buchanan Ingersoll.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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It Starts With Training: Anti-Harassment After 'It Ends With Us'
Actress Blake Lively's recent sexual harassment and retaliation allegations against her "It Ends With Us" co-star, director and producer, Justin Baldoni, should remind employers of their legal obligations to implement trainings, policies and other measures to prevent sexual harassment in the workplace, say attorneys at Morrison Cohen.
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Opinion
New DOJ Leaders Should Curb Ill-Conceived Prosecutions
First-of-their-kind cases have seemingly led to a string of overly aggressive prosecutions in recent years, so newly sworn-in leaders of the U.S. Department of Justice should consider creating reporting channels to stop unwise prosecutions before they snowball, says Jonathan Porter at Husch Blackwell.
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Tips For Pharma-Biotech Overlap Reporting In New HSR Form
While there’s no secret recipe for reporting overlaps to the Federal Trade Commission in the new Hart-Scott-Rodino Act form, there are several layers of considerations for all pharma-biotech companies and counsel to reflect on internally before reporting on any deal, say attorneys at A&O Shearman.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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What Justices' FLSA Ruling Means For 2-Step Collective Cert.
The U.S. Supreme Court's recent decision in EMD Sales v. Carrera may have sounded the death knell for the decades-old two-step process to certify collective actions under the Fair Labor Standards Act, which could lead more circuits to require a preponderance of the evidence showing that members are similarly situated, says Steven Katz at Constangy.
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What Day 1 Bondi Memos Mean For Corporate Compliance
After Attorney General Pam Bondi’s flurry of memos last week declaring new enforcement priorities on issues ranging from foreign bribery to diversity initiatives, companies must base their compliance programs on an understanding of their own core values and principles, says Hui Chen at CDE Advisors.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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What Employers Should Know For Next Round Of H-1B Filings
With the fiscal year 2026 H-1B visa period opening soon, employers should brush up on the registration and filing procedures, as well as organize applicable data, to ensure they are ready for this dynamic, multistep process, say attorneys at Morgan Lewis.
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Ga. Tech Case Shows DOJ Focus On Higher Ed Cybersecurity
The Justice Department’s ongoing case against the Georgia Institute of Technology demonstrates how many colleges and universities may be unwittingly exposed to myriad cybersecurity requirements that, if not followed, could lead to False Claims Act liability, say attorneys at Woods Rogers.
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5 Things For Private Employers To Do After Trump's DEI Order
Following President Donald Trump's recent executive order pushing the private sector to narrow, and even end, diversity, equity and inclusion initiatives, employers should ensure DEI efforts align with their organization's mission and goals, are legally compliant, and are effectively communicated to stakeholders, say attorneys at Mintz.
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Will 4th Time Be A Charm For NY's 21st Century Antitrust Act?
New York's recently introduced 21st Century Antitrust Act would change the landscape of antitrust enforcement in the state and probably result in a sharp increase in claims — but first, the bill needs to gain traction after three aborted attempts, says Tyler Ross at Shinder Cantor.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.