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Employment
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July 31, 2025
Rising Star: Proskauer's Rachel Fischer
Proskauer Rose's Rachel Fischer has successfully defended high-profile clients such as Fox News in a former producer's sexual harassment and assault suit and the MLB in an umpire's race discrimination suit, earning her a spot among the employment practitioners under age 40 honored by Law360 as Rising Stars.
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July 31, 2025
NC Judge Questions Barings' Bid For Ex-Employees' Emails
A North Carolina business court judge seemed leery Thursday of forcing former Barings' employees to fork over their personal emails and text messages as part of a deposition notice, suggesting Barings was trying to bypass U.K. law to get information from a foreign witness in its suit alleging former executives conducted a "corporate raid" to start a competing credit platform.
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July 31, 2025
6th Circ. Doubts Union Failed Fire Chief Accused Of Threats
A federal appellate panel appeared unlikely based on oral arguments Thursday to revive a suit by a former fire chief at a Michigan paper mill who allegedly threatened coworkers but claimed that the United Steelworkers shirked its representation duties by failing to fight the company's decision to fire him.
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July 31, 2025
J&J Fired Sales Worker Who Reported Pay Issue, Suit Says
Johnson & Johnson wrongly credited a former executive sales representative's sales to another worker, leading to lost earned commissions, and then fired him once he complained, the former employee said in a suit in Texas federal court.
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July 30, 2025
DOJ Flags 'Unlawful Discrimination' To Gov't Fund Recipients
The U.S. Department of Justice has outlined what it considers "unlawful discrimination" that federal funding recipients must avoid, including diversity, equity and inclusion programs, transgender athletes and "proxy" discrimination of assessing a job applicant's "cultural competence."
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July 30, 2025
Judge Presses Both Sides On Denver Wage Ordinance Fight
A Colorado federal judge had a slew of questions Wednesday for attorneys regarding competing motions for dismissal and summary judgment in two employment companies' case against the city and county of Denver alleging officials overstepped in their attempt to audit wage violations.
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July 30, 2025
Newmark Seeks Del. Nod For Ex-Broker Equity Sanctions
Global commercial real estate giant Newmark Holdings Inc. has sued for a Delaware Court of Chancery declaratory judgment confirming cancellation of cash, stock or restricted shares potentially earned by a Midwest contractor and his company, alleging secret handoffs of prospects and deals to a competitor.
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July 30, 2025
9th Circ. Tells DOL To Hand Over Workforce Data To Reporters
The Ninth Circuit said Wednesday that the U.S. Department of Labor must release federal contractor demographic reports to the Center for Investigative Reporting, backing a lower court's order that the data can't be concealed from the public under the concern that it contains commercial information.
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July 30, 2025
Mich. Appeals Panel Settles Split On Notice Rule Retroactivity
A special Michigan Court of Appeals panel said on Tuesday that a state high court ruling enforcing a notice requirement for lawsuits against the state is retroactive, resolving a conflict within the intermediate appellate court and upholding the dismissal of a correction worker's suit.
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July 30, 2025
Gas Co., Fired Exec Agree To End Stock Options Dispute
A former executive agreed to resolve her lawsuit accusing a gas company of refusing to let her exercise millions of dollars' worth of stock options and then firing her for complaining, a filing in Virginia federal court said.
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July 30, 2025
Judge Denies Fired Copyright Chief's Reinstatement Bid
A D.C. federal judge ruled Wednesday that the fired leader of the U.S. Copyright Office cannot immediately be reinstated while she challenges her termination by the Trump administration, saying she has not shown irreparable harm to herself or that the agency "will grind to a halt without her."
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July 30, 2025
UFC Fighters Seek Penalty For Discovery Delays In Wage Spat
Fighters suing UFC over allegations of wage suppression have asked a Nevada federal judge to impose terminating sanctions on the organization and its parent company, TKO Operating Co. LLC, for failing to turn over court-ordered documents.
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July 30, 2025
VP Says Management Co. Still Owes $178K Of Bonus
A workforce and performance management company still owes its executive vice president of engineering and solutions about $178,000 of a bonus, according to a lawsuit in Georgia federal court.
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July 30, 2025
Senate Panel Advances 2 Bipartisan Bills Boosting ESOPs
A key Senate panel advanced two bills Wednesday that would change federal benefits law related to employee stock ownership plans, or ESOPs, by providing businesses additional legal cover when they make company stock valuations and by adding ESOP representatives to a federal advisory board.
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July 30, 2025
Union Pension Fund Asks 8th Circ. To Strike GE's $230M Win
A Missouri federal judge used the wrong approach when weighing GE's eligibility for a pension law exemption intended for construction employers, a union pension fund told the Eighth Circuit, saying the approach let GE skirt $230 million in pension obligations by painting an exaggerated picture of its construction employment.
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July 30, 2025
Truist Triggered Employee Exodus, Not Ex-Execs, Court Told
Three former executives who helmed the real estate finance arm of Truist Financial Corp. and their new employer are seeking a pretrial win in the bank's poaching case, telling a North Carolina state court judge they aren't to blame for Truist's alleged bad business decisions.
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July 30, 2025
Black Atty Alleges McDermott Fired Her Because Of Her Race
McDermott Will & Emery LLP failed to address racist comments made during a diversity presentation, kept Black attorneys out of leadership and fired a Black associate who complained that she was repeatedly sidelined because of her race, the former employee alleged Wednesday in Illinois federal court.
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July 30, 2025
Noem Hit With Religious Discrimination Suit Over Ayahuasca
A Florida woman alleges in a new federal discrimination lawsuit that U.S. Customs and Border Protection rescinded her job offer after she disclosed her religious practice includes consumption of ayahuasca tea, a federally controlled substance.
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July 30, 2025
Moncler Faces Don-Doff PAGA Suit
A former Moncler employee has slapped the luxury fashion brand with a Private Attorneys General Act suit in California state court, claiming it shorted them by not paying for time spent getting into and out of uniforms and undergoing bag checks before starting their shifts.
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July 30, 2025
Workday Wants Firm DQ'd Over Privileged Info In Atty's Suit
Attorneys at Webb Law Group APC should be disqualified from representing an ex-Workday Inc. attorney in his bias suit against the company and should face sanctions for their "egregious behavior" in disclosing privileged information in a publicly filed document, Workday told a California federal magistrate judge.
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July 30, 2025
Calif. Health Group Says Insurer Must Cover Discovery Costs
California's largest private health foundation told a federal court that a Berkshire Hathaway-owned insurer failed to cover roughly $400,000 in discovery costs the foundation incurred from an executive's now-settled wrongful termination lawsuit, arguing the insurer breached its obligations despite accepting coverage twice.
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July 30, 2025
Database Administrator Was Employee, Court Told
A former database administrator was misclassified as an independent contractor, he alleged in a proposed class and collective action in New York federal court against companies including Express Scripts and Cigna, saying he was effectively an employee.
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July 30, 2025
Rising Star: Seyfarth's Leo Li
Leo Li of Seyfarth Shaw LLP has championed clients facing wage-and-hour class actions and California Private Attorneys General Act claims, including by securing a win on appeal for a Southern California Pizza Hut franchisee after a decade of litigation involving thousands of delivery drivers, earning him a spot among employment law practitioners under age 40 honored by Law360 as Rising Stars.
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July 30, 2025
NJ County Dispatchers' Pay Affected By Bias, Union Says
Camden County, New Jersey, pays telecommunication services workers who fall under protected classes — such as veterans and people of color — less than their counterparts who are not classified as such, a Communications Workers of America unit said in a proposed class action.
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July 30, 2025
4th Circ. Backs Farm Worker's $2.5M Award For Amputation
The Fourth Circuit affirmed a $2.5 million jury verdict favoring a former North Carolina farm worker who lost his lower leg to a grain silo auger, finding the farm tried to raise new arguments on appeal that were never before the district court.
Expert Analysis
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Opinion
Int'l Athletes' Wages Should Be On-Campus Employment
The U.S. Department of Homeland Security should recognize participation in college athletics by international student-athletes as on-campus employment to prevent the potentially disastrous ripple effects on teams, schools and their surrounding communities, says Catherine Haight at Haight Law Group.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Addressing PFAS Risks In Public Company Disclosures
As individual lawsuits and class actions over PFAS risks spanning multiple sectors and products increase, and rapidly evolving and often unclear regulatory initiatives on both the federal and state levels proliferate, it's more important than ever for companies to know how and when to complete PFAS-related disclosures, say attorneys at Venable.
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Takeaways From DOJ's Latest FCA Customs Fraud Intervention
The U.S. Department of Justice's recent intervention in a case alleging customs-related reverse False Claims Act fraud underlines the government’s increased scrutiny of, and importers’ corresponding exposure from, information related to product classification, country of origin and pricing, say attorneys at Bass Berry.
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4 Trends Responsible For Declining FLSA Filings
In 2024, the number of Fair Labor Standards Act claims filed in federal courts continued to decrease, reflecting a steady decline in federal FLSA filings since 2015 due to a few trends, including increased compliance and presuit resolution, say attorneys at Seyfarth.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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When Physical And Cyber Threats Converge: 6 Tips For Cos.
Amid an ongoing trend of increased digital threats of harm made against corporations, organizations and high-profile individuals, an emerging legal framework is providing a risk management road map for general counsel and their teams to navigate the increasingly fraught landscape, say attorneys at Covington.
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4 Ways To Leverage A Jury's Underdog Perceptions
Counsel should consider how common factors that speak to their client's size, power, past challenges and alignment with jurors can be presented to try and paint their client as a sympathetic underdog, says Ken Broda-Bahm at Persuasion Strategies.
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Wash. Justices' Moonlight Ruling Should Caution Employers
The Washington Supreme Court's recent decision in David v. Freedom Vans, which limited when employers can restrict low-wage workers from moonlighting, underscores the need for employers to narrowly tailor restrictive covenants, ensuring that they are reasonable and allow for workforce mobility, say attorneys at Perkins Coie.
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Why Hiring Former Jurors As Consultants Can Be Risky
The defense team's decision to hire former juror Victoria George in the high-profile retrial of Karen Read shines a spotlight on this controversial strategy, which raises important legal, ethical and tactical questions despite not being explicitly prohibited, says Nikoleta Despodova at ND Litigation.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Trump's 1st 100 Days Show That Employers Must Stay Nimble
Despite the aggressive pace of the Trump administration, employers must stay abreast of developments, including changes in equal employment opportunity law, while balancing state law considerations where employment regulations are at odds with the evolving federal laws, says Susan Sholinsky at Epstein Becker.
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Combs Case Reveals Key Pretrial Scheduling Strategies
The procedural battles over pretrial disclosure deadlines leading up to the criminal trial of Sean “Diddy” Combs show how disclosure timing can substantially affect defendants’ ability to prepare and highlight several scheduling pointers for defense counsel, says Sara Kropf at Kropf Moseley.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.