Employment

  • February 03, 2026

    XAI Fights Uphill To Keep Alive OpenAI IP Theft Suit

    Elon Musk's xAI urged a California federal judge Tuesday to change her tentative decision to toss its suit accusing OpenAI of poaching its workers to steal trade secrets, arguing that when considered together, the "whole gestalt" of xAI's allegations against individual employees is enough to state viable claims against OpenAI.

  • February 03, 2026

    Trump Admin Can't Gut CFPB Off The Books, DC Circ. Told

    The Consumer Financial Protection Bureau's employee union has urged the full D.C. Circuit to uphold a lower court order blocking sweeping cuts at the agency, arguing the Trump administration's legal theory for lifting the order would allow officials to dismantle an agency so long as they don't "put it in writing."

  • February 03, 2026

    2nd Circ. Upholds NLRB Subpoena Enforcement Order

    A New York City businessman must turn over documents relevant to his companies' liability for years of back pay to a fired bus company tour guide after the Second Circuit on Tuesday upheld an order to comply with National Labor Relations Board subpoenas.

  • February 03, 2026

    House Dems Press Bessent About IRS Retirement Pay Delays

    Democrats on the House Ways and Means Committee demanded answers Tuesday about substantial delays in processing retirement applications for Internal Revenue Service employees who participated in the government's deferred resignation program.

  • February 03, 2026

    Medical Transport Co. Misclassified Drivers, Suit Says

    A company that transports radioactive medical materials misclassified drivers as independent contractors, leading to minimum wage and overtime violations, according to a proposed class and collective action filed in Florida federal court.

  • February 03, 2026

    Pharma Co. Stole Secrets For LSD Medical Trials, Suit Says

    A clinical trial services company is suing Definium Therapeutics Inc. in Delaware federal court, alleging that it stole trade secrets during Phase 2 trials of LSD treatments for psychiatric disorders, then passed those secrets on to a rival services company for Phase 3 trials.

  • February 03, 2026

    Jim Henson Co. Accused Of Costing Exec A 'Pinocchio' Oscar

    A Jim Henson Co. former employee filed a $7.5 million suit in California state court alleging the entertainment giant wrongfully diminished his executive producer credit and deprived him of an Oscar at the Academy Awards in connection with Guillermo Del Toro's "Pinocchio," despite his significant contributions to the film's "undeniable success."

  • February 03, 2026

    ESPN Wants Worker's COVID Vaccine Bias Lawsuit Dismissed

    ESPN has asked a judge to dismiss a former remote video operator's religious bias lawsuit stemming from a COVID-19 booster vaccine mandate, saying the onetime worker exaggerated its corporate parent's links to the government when accusing the company of being an arm of the state.

  • February 03, 2026

    Baker McKenzie Describes Client Fallout After Assault Claims

    Several clients asked the leader of Baker McKenzie's Washington, D.C., office to stop handling work for them after he was accused of sexual assault, according to a new filing in a defamation case against the former firm associate who made the allegations.

  • February 03, 2026

    Clorox Settles Male Worker's Gender Bias Suit On Eve Of Trial

    Clorox has settled a gender discrimination suit from a former employee who claimed he was fired because the company wanted more women managers, right before the case was set to go to trial and just under a year after it was revived by the Ninth Circuit.

  • February 03, 2026

    5th Circ. Enforces NLRB Order Against NYC Janitorial Co.

    A Fifth Circuit panel has enforced a National Labor Relations Board order requiring a New York City janitorial contractor to rehire a longtime cleaner, saying the board reasonably linked the cleaner's 2020 firing to a series of complaints she'd recently lodged about work conditions.

  • February 03, 2026

    Colo. Music Venue Failed To Pay Full Wages, Ex-Worker Says

    A live music venue in Denver failed to pay workers for all hours worked, misclassified them as independent contractors and retaliated against a worker for complaining about unpaid wages, according to a potential class and collective action complaint filed in Colorado federal court.

  • February 03, 2026

    Ill. Judge OKs $3.3M Deal In Mariano's Managers' OT Suit

    An Illinois federal judge has approved a $3.3 million settlement resolving a lawsuit by current and former supermarket meat, bakery and deli managers who alleged Kroger subsidiary Mariano's falsely claimed they were exempt from overtime pay.

  • February 03, 2026

    NYC Delivery Laws Will Stay In Place During Instacart Appeal

    Instacart won't be able to block New York City's laws for app-based delivery workers instituting a new minimum wage, tipping options and disclosure requirements while it challenges a federal court's order, a New York federal judge ruled.

  • February 03, 2026

    Del. High Court Revives Noncompete Over Forfeited Equity

    The Delaware Supreme Court on Tuesday revived a fire and life-safety services company's bid to enforce postemployment restrictive covenants against a former executive, rejecting a lower court's conclusion that those covenants became unenforceable once the executive forfeited his incentive equity after being fired for cause.

  • February 02, 2026

    Calif. Justices Revive 'Unreadable' Arbitration Agreement Suit

    In a 6-1 decision, the California Supreme Court clarified on Monday that courts must "closely scrutinize the terms of difficult-to-read contracts for unfairness or one-sidedness," but the "illegibility" — font size, placement, prominence, etc. — of agreements do not themselves indicate that it is unconscionable.

  • February 02, 2026

    Wheeling & Appealing: The Latest Must-Know Appellate Action

    What happened to a GOP donor's $250,000 Swiss watch? Can cigarette warnings show jarring medical images? Will a circuit split of "far-reaching importance" for arbitration get even wider? That's a taste of the oral argument menu we'll help you digest in this preview of February's top appellate action.

  • February 02, 2026

    5th Circ. Panel Blushes At Starbucks Worker's Snapchat Notes

    A Fifth Circuit panel pressed the National Labor Relations Board to explain why Starbucks lacks the ability to fire a union organizer who used excessively colorful language in private messages to co-workers, saying Monday the language used would "make any of us blush."

  • February 02, 2026

    Staffing Agencies Beat Ill. Workers' BIPA Revival Bid

    An Illinois Third District Appellate Court panel has refused to reverse two staffing agencies' pre-trial win over manufacturing workers' claim that the agencies illegally collected their time-clock fingerprint data, saying simply helping another entity obtain such data cannot trigger liability under a statutory provision requiring informed consent to collect it.

  • February 02, 2026

    Bikini Barista Boss Says Wash. AG Defamed Him In Wage Suit

    The owner of Seattle-area Paradise Espresso stands slammed the Washington State Office of the Attorney General on Monday for filing a wage theft and employment discrimination lawsuit "containing known falsehoods" and disparaging his bikini barista business in a related press release.

  • February 02, 2026

    Custodians Tell NJ Justices COVID Law Doesn't Preempt CBA

    School custodians urged the New Jersey Supreme Court on Monday to reinstate an award of extra money for their in-person work during the pandemic, arguing an arbitrator had a reasonably plausible interpretation of a state statute when he determined it didn't preempt the custodians' collective bargaining agreement.

  • February 02, 2026

    Swedish Health Nears Deal In Hospital Workers Wage Row

    Seattle-area hospital system Swedish Health Services and the workers who were seeking about $126 million from it told a Washington state court that they agreed to settle a suit claiming meal break violations and rounding practices that led to unpaid wages.

  • February 02, 2026

    Curaleaf Can't Ditch All Ill. Whistleblower Act Claims

    An Illinois magistrate judge on Monday mostly denied a bid from Curaleaf Inc. to throw out a former regional director's Illinois Whistleblower Act claims, saying the complaint is sufficient to allege that he was retaliated against for reporting compliance violations to the state government.

  • February 02, 2026

    Worker Claims Univ. Of Colorado Health Underpaid Wages

    University of Colorado Health routinely shortchanged its hourly employees of wages under the healthcare system's rounding policy, a former UC Health worker alleged in a proposed collective and class action in Colorado federal court.

  • February 02, 2026

    Honeywell Faces Bid For Fee Advancement In Russia Case

    The Delaware Chancery Court on Monday heard a sharply contested argument over whether a former Honeywell executive is entitled to advancement of legal fees tied to Russian insolvency and customs proceedings, as well as "fees on fees," in a dispute that turned less on the underlying foreign matters than the mechanics of Delaware advancement law.

Expert Analysis

  • Series

    The Law Firm Merger Diaries: Integrating Practice Groups

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    Enacting unified leadership and consistent client service standards ensures law firm practice groups connect and collaborate around shared goals, turning a law firm merger into a platform for growth rather than a period of disruption, says Brian Catlett at Fennemore Craig.

  • Tapping Into Jurors' Moral Intuitions At Trial

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    Many jurors approach trials with foundational beliefs about fairness, harm and responsibility that shape how they view evidence and arguments, so attorneys must understand how to frame a case in a way that appeals to this type of moral reasoning, says Steve Wood at Courtroom Sciences.

  • Opinion

    Supreme Court Term Limits Would Carry Hidden Risk

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    While proposals for limiting the terms of U.S. Supreme Court justices are popular, a steady stream of relatively young, highly marketable ex-justices with unique knowledge and influence entering the marketplace of law and politics could create new problems, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.

  • Insuring Equality: 3 Tips To Preserve Coverage For DEI Claims

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    Directors and officers and employment practices liability are key coverages for policyholders to review as potentially responsive to the emerging liability threat of Trump's executive orders targeting corporate diversity, equity and inclusion policies and practices, says Micah Skidmore at Haynes Boone.

  • The SEC Whistleblower Program A Year Into 2nd Trump Admin

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    The U.S. Securities and Exchange Commission's whistleblower program continues to operate as designed, but its internal cadence, scrutiny of claims and operational structure reflect a period of recalibration, with precision mattering more than ever, say attorneys Scott Silver and David Chase.

  • 6 Laws For Calif. Employers To Know In 2026

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    California's legislative changes for 2026 impose sweeping new obligations on employers, including by expanding pay data reporting, clarifying protections related to bias mitigation training and broadening record access rights, but employers can avoid heightened exposure by proactively evaluating their compliance, modernizing internal systems and updating policies, says Alexa Foley at Gordon Rees.

  • Series

    Knitting Makes Me A Better Lawyer

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    Stretching my skills as a knitter makes me a better antitrust attorney by challenging me to recalibrate after wrong turns, not rush outcomes, and trust that I can teach myself the skills to tackle new and difficult projects — even when I don’t have a pattern to work from, says Kara Kuritz at V&E.

  • How 11th Circ.'s Qui Tam Review Could Affect FCA Litigation

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    On Dec. 12, the Eleventh Circuit will hear arguments in U.S. ex rel. Zafirov v. Florida Medical Associates, setting the stage for a decision that could drastically reduce enforcement under the False Claims Act, and presenting an opportunity to seek U.S. Supreme Court review of the act's whistleblower provisions, say attorneys at Epstein Becker.

  • Prepping For 2026 Shifts In Calif. Workplace Safety Rules

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    California's Division of Occupational Safety and Health is preparing for significant shifts and increased enforcement in 2026, so key safety programs — including injury and illness prevention plans, workplace violence plans, and heat illness prevention procedures — must remain a focus for employers, says Rachel Conn at Conn Maciel.

  • Series

    The Biz Court Digest: Welcome To Miami

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    After nearly 20 years in operation, the Miami Complex Business Litigation Division is a pioneer upon which other jurisdictions in the state have been modeled, adopting many innovations to keep its cases running more efficiently and staffing experienced judges who are accustomed to hearing business disputes, say attorneys at King & Spalding.

  • 6 Ways To Nuke-Proof Litigation As Explosive Verdicts Rise

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    As the increasing number of nuclear verdicts continues to reshape the litigation landscape, counsel must understand how to create a multipronged defense strategy to anticipate juror expectations and mitigate the risk of outsize jury awards, say attorneys at Norton Rose.

  • What Law Firm Liability Risks In 2025 Signal For Year To Come

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    Trends and statistics reveal that law firms of all sizes and practice areas remained attractive litigation targets this year, so firms must take concrete steps to avoid professional liability risks in the year to come, say Douglas Richmond and Andrew Ricke at Lockton Companies.

  • Where DEI Stands After The Federal Crackdown In 2025

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    The federal government's actions this year have marked a fundamental shift in the enforcement of antidiscrimination laws, indicating that diversity, equity and inclusion initiatives that perpetuate allegedly unlawful discrimination will face vigorous scrutiny in 2026, say attorneys at Jackson Lewis.

  • 1st-Of-Its-Kind NIL Claim Raises Liability Coverage Questions

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    The University of Georgia Athletic Association recently sought to compel arbitration against former UGA football player Damon Wilson in a first-of-its-kind legal action for breach of a name, image and likeness contract, highlighting questions around student-athlete employment classification and professional liability insurance coverage, says Sarah Abrams at Baleen Specialty.

  • AI Evidence Rule Tweaks Encourage Judicial Guardrails

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    Recent additions to a committee note on proposed Rule of Evidence 707 — governing evidence generated by artificial intelligence — seek to mitigate potential dangers that may arise once machine outputs are introduced at trial, encouraging judges to perform critical gatekeeping functions, say attorneys at Lankler Siffert & Wohl.

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