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Employment
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July 30, 2025
Honeywell, Fund's $1.2M Liability Dispute Sent To Arbitration
A Washington federal judge has paused a union pension fund's suit seeking nearly $1.2 million after, the suit says, Honeywell International Inc. stopped contributions and withdrew from the fund, ordering the parties to arbitrate over when the company received notice for its withdrawal liability.
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July 30, 2025
Former NASCAR Employee Sues Over Data Breach
A former NASCAR employee is spearheading a proposed class action against the racing organization in Florida federal court over its failure to prevent a data breach that saw the theft of sensitive user information.
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July 29, 2025
Ex-LA Officer Can't Revive Suit Over COVID-19 Testing Costs
A California appellate court Monday refused to revive a former Los Angeles police officer's suit claiming that he was denied due process when he was fired after refusing to comply with the city's COVID-19 policies, finding that the officer wasn't fired until after he made his case to the city.
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July 29, 2025
Axos Wants Justices To Undo Auditor's $1.5M Retaliation Win
BofI Federal Bank, now operating as Axos Bank, has taken its dispute with a former auditor to the U.S. Supreme Court, asking the justices to vacate a Ninth Circuit decision upholding a $1.5 million jury verdict in favor of the auditor, who claimed he was fired for whistleblowing.
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July 29, 2025
Posner Wage Theft Claims Should Be Revived, 7th Circ. Told
A former staffer for retired U.S. Circuit Judge Richard Posner has asked the Seventh Circuit to review federal court rulings in his loss of wage theft claims against the ex-judge, arguing an Indiana federal judge permitted a botched discovery process and prematurely dismissed claims while fact issues remained.
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July 29, 2025
Colo. Sues PetSmart Over Allegedly Illegal 'TRAP' Contracts
PetSmart LLC is under fire from the state of Colorado, with the attorney general's office filing a complaint in state court on Tuesday claiming it tricked dog groomers into signing up for a "free" training program that included a "training repayment agreement provision" with fees of up to $5,500 if they left before working for two years.
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July 29, 2025
Detroit Casino Can't Beat Denied Vaccine Exemption Suit
A dozen former supervisors at a Detroit casino can proceed to trial on claims that their employer refused to accommodate their religiously motivated requests to skip the COVID-19 vaccine, a Michigan federal judge has ruled.
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July 29, 2025
Fight Over End To Migrant Parole May Be Moot, 1st Circ. Hints
The First Circuit grappled Tuesday with whether the Trump administration could elect to abruptly end a Biden-era immigration parole program, even as it appeared to acknowledge that as a practical matter, the measure could die of attrition before the question is answered.
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July 29, 2025
9th Circ. Rescinds Ruling On Wash. Abortion Coverage Law
A Ninth Circuit panel has walked back a published March opinion rejecting a Christian church's challenge to a Washington state law mandating employer health coverage of abortion services, saying in a Tuesday order that the federal appeals court would issue a new ruling following additional oral arguments.
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July 29, 2025
Atty Says NC Firm Wants 'Free Pass' In Workers' Comp Case
A former trial lawyer with Cranfill Sumner LLP is contesting the notion that he stands to gain double the workers' compensation he's allowed should an intermediate appeals court ruling stand, saying there are no far-reaching consequences in the case that merit review by North Carolina's top court.
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July 29, 2025
3rd Circ. Says DOL H-2A Case Should Have Been In Fed. Court
A New Jersey farm was entitled to have a federal court weigh in on the U.S. Department of Labor's allegations that it flouted H-2A visa program requirements, the Third Circuit ruled Tuesday, finding the DOL improperly relied on in-house administrative proceedings to impose over $580,000 in fines.
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July 29, 2025
Auto Parts Co. Drops NLRB Constitutionality Case At 6th Circ.
An auto parts maker dropped its Sixth Circuit case claiming the National Labor Relations Board's structure flouts the U.S. Constitution, ending the dispute weeks after the appellate panel appeared unlikely to side with the company.
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July 29, 2025
Ex-TTEC Worker Pushes For Cert. In Expense Coverage Suit
A former TTEC Services employee accusing the customer service technology company of failing to reimburse workers for computers and internet upgrades asked a Colorado federal judge on Monday to certify a proposed class and collective action, claiming Tenth Circuit precedent backs certification prior to a court considering arbitration agreements.
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July 29, 2025
EEOC Retreat On Trans Bias Enforcement Illegal, Suit Says
A Maryland-based LGBTQ+ advocacy organization alleged in a lawsuit Tuesday that recent steps taken by the U.S. Equal Employment Opportunity Commission to walk back enforcement of protections against sexual orientation and gender identity discrimination violate federal civil rights law and the U.S. Constitution.
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July 29, 2025
7th Circ. Backs Ex-CTA Worker's Sanction Over Deleted Chats
The Seventh Circuit has affirmed a lower court's dismissal of a former Chicago Transit Authority employee's retaliation lawsuit as a sanction for spoiling evidence, saying his explanation about how electronic phone messages were deleted changed over time and concluding that he wasn't entitled to an evidentiary hearing or jury review.
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July 29, 2025
Worker Caused Own Drunk Driving Death, Conn. Court Told
A woman who died in a drunk driving crash after an allegedly mandatory wine tasting event at the Connecticut restaurant where she worked is responsible for her own death because she drank too much and failed to obey traffic laws, the defendants in her estate's lawsuit said in their answer to the complaint.
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July 29, 2025
Attys Blast 'Chilling Message' Of Judge Shopping Sanctions
Three attorneys sanctioned for judge shopping while challenging an Alabama statute that criminalizes gender-affirming care have asked the Eleventh Circuit to clear their names, castigating the process that led to their censure as "so extraordinary as to approach unprecedented."
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July 29, 2025
Manufacturer Pins Union Fund's $26M Bill On Botched Audit
A roofing and siding manufacturer is fighting the claim that it owes a Teamsters health insurance fund $26 million, saying in a new Employee Retirement Income Security Act lawsuit in New Jersey federal court that the fund conjured up the debt through a "nonsense" audit.
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July 29, 2025
Rising Star: Cohen Milstein's Harini Srinivasan
Harini Srinivasan of Cohen Milstein Sellers & Toll PLLC secured a $45 million settlement on behalf of U.S. Customs and Border Protection officers who claimed pregnancy discrimination and also challenged AT&T's attendance point system, earning her a spot among the employment law practitioners under age 40 honored by Law360 as Rising Stars.
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July 29, 2025
Colo. Conservative Group Says New OT Law Violates TABOR
Colorado's new overtime law, which requires overtime deducted from federal gross income to be added back to a taxpayer's federal taxable income for state income tax, violates the state's Taxpayer's Bill of Rights, a conservative advocacy group told a state district court.
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July 29, 2025
Top Gov't Contract Policies Of 2025: Midyear Report
The Trump administration made several prominent policy moves affecting contractors this year, including rescinding Biden-era policies related to pay equity and DEI, and pushing to overhaul the Federal Acquisition Regulation. Here, Law360 examines significant policy changes from the first half of 2025 that will affect government contractors.
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July 28, 2025
Ex-Munchkin GC Sues Over 'War On Families' At Baby Co.
Munchkin Inc.'s former general counsel says he was fired for trying to sound the alarm about the baby products brand's "war on families" and culture of discrimination against working mothers and families, in a $10 million suit filed in California state court on Friday.
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July 28, 2025
Ex-Nurse's VA Negligence Case Doubted By Seattle Judge
A Seattle federal judge appeared unconvinced on Monday that a U.S. Navy veteran had proven substandard psychiatric care caused a psychotic episode that led to her stabbing her mother, suggesting key allegations aren't backed by testimony as a bench trial wrapped in her case targeting a U.S. Department of Veterans Affairs doctor.
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July 28, 2025
Mich. Justices Revive Ex-Prosecutor's Whistleblower Suit
The Michigan Supreme Court has reinstated a lawsuit brought by a former Saginaw County assistant prosecutor who says she was retaliated against for fighting an unlawful plea agreement, with the justices finding the county must face the suit because it is an employer under the Whistleblowers' Protection Act.
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July 28, 2025
Mass. Judge Denies Injunction Against Trash Co. Hit By Strike
A Massachusetts state court judge on Monday denied a request by six communities for an injunction forcing trash hauler Republic Services to fully comply with the terms of its existing waste collection contracts, as a strike by its workers entered its fourth week.
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.