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Employment
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September 04, 2025
Apple Affiliate Wants To Untie Classes After Wage Verdict
A Fourth Circuit decision undoing classes of Bojangles managers is a significant change of law that should dismantle five classes in a wage and hour suit that snagged $839,000 from an Apple-affiliated repair company, the company told a North Carolina federal court.
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September 04, 2025
Unions Defend Challenge To Federal Work Safety Agency Cuts
Unions representing nurses, teachers, miners and factory workers have asked a Washington, D.C., federal judge to preserve their challenge to the Trump administration's cuts to the National Institute of Occupational Safety and Health, saying they have standing to sue because they "rely on NIOSH's lifesaving work."
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September 04, 2025
PBM Rule Included In DOL Benefits Arm's Regulatory Update
The U.S. Department of Labor's employee benefits arm detailed several new regulations in the works Thursday, including a new fee disclosure rule involving pharmacy benefit managers and plans to revisit retirement plan fiduciary investment advice regulations, according to the administration's latest regulatory update.
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September 04, 2025
Appliance Co. Avoids EEOC Suit Over Worker's Long COVID
A Colorado federal judge tossed a U.S. Equal Employment Opportunity Commission suit claiming an appliance retailer illegally fired a worker who requested more medical leave to treat her long COVID, ruling the agency failed to show how she made a formal accommodation request.
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September 04, 2025
Purdue Pharma Approved For $17.5M In Ch. 11 Bonus Plans
Bankrupt pharmaceutical company Purdue Pharma LP received approval from a New York judge Thursday to pay more than $17.5 million in employee bonuses, mirroring the bonus structures of the last few years since the company commenced its Chapter 11 case.
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September 04, 2025
NFL, Broncos Want Ex-Player's Reshuffled Weed Suit Tossed
A former NFL player's deletion of references to the league's collective bargaining agreement should not save his suit against the NFL over his punishment for violating its substance abuse policy, the league and his former team told a Colorado federal judge in a bid to drop the suit.
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September 04, 2025
EEOC Hit With LGBTQ+ Bias Charge From Ex-Official
The U.S. Equal Employment Opportunity Commission's walkback on enforcing sexual orientation and gender identity discrimination protections has fostered a hostile environment for LGBTQ+ people within the agency, a former commission senior official said in a discrimination charge announced Thursday.
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September 04, 2025
Fisher Phillips Hires Liff Walsh Employment Group Leader
The former leader of Liff Walsh & Simmons' employment and labor practice, who worked as a counselor to the solicitor of the U.S. Department of Labor and in several other public service roles, has joined Fisher Phillips as a partner in Washington, D.C.
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September 03, 2025
TikTok, Chinese Co.'s $845M IP Fight Heads To October Trial
A California federal judge refused to fully grant TikTok Inc. summary judgment or a terminating-sanctions win in a Chinese company's $845 million lawsuit accusing the social media giant of stealing video-editing tool trade secrets and infringing its copyrights, finding that the dispute must go to an October jury trial.
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September 03, 2025
7th Circ. Backs AbbVie's Win Against Ex-Sales Rep's FCA Suit
The Seventh Circuit declined to revive a former AbbVie employee's False Claims Act retaliation suit alleging he faced repercussions for refusing to push Vraylar's off-label use to treat major depressive disorder, ruling Wednesday he didn't put AbbVie on notice that he reasonably believed it was defrauding the government.
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September 03, 2025
Solicitor General Defends Supreme Court's NLRB Firing Order
The federal government's top U.S. Supreme Court lawyer, speaking at a conference Wednesday, defended an emergency-docket ruling allowing the president to fire a member of the National Labor Relations Board.
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September 03, 2025
Trump Sued Over Ending Patent Office Bargaining Rights
A union representing workers from the Office of the Commissioner for Patents, which is part of the U.S. Patent and Trademark Office, sued President Donald Trump's administration Wednesday over an executive order that stripped federal workers of collective bargaining rights.
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September 03, 2025
DOL Proposal On FLSA Home Care Rule Gets 5,000 Comments
The U.S. Department of Labor received over 5,000 comments on its plan to rescind an Obama-era rule that expanded wage protections for home care workers, with advocacy organizations arguing that the DOL didn't provide enough backup for the rescission while others saying the move is in line with the fall of Chevron deference.
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September 03, 2025
Denver Sheriff Sergeant Urges Trial In Sex Bias Promotion Suit
A man who claims the Denver Sheriff Department violated Title VII of the Civil Rights Act by promoting three women to captain over him as part of a self-imposed quota for female officers has asked a Colorado federal judge to deny the sheriff's department summary judgment.
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September 03, 2025
Ex-Air Force Worker Says Disability Bias Case Can't End Early
A former U.S. Air Force assistant general manager told an Arizona federal court that he supported his claims that he was denied paid safety leave during the coronavirus pandemic because of his disability, urging the court to keep his case standing.
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September 03, 2025
Judge Backs Harvard In Suit Over Trump's $2B Fund Freeze
The Trump administration illegally froze more than $2 billion in grants earmarked for Harvard University when it failed to offer an explanation as to how cutting the funds addressed the government's stated goal of ending antisemitism on campus, a Massachusetts federal judge ruled Wednesday.
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September 03, 2025
8th Circ. Cuts Down Challenge To Minn. Captive Audience Law
A split Eighth Circuit panel on Wednesday reversed a decision letting proceed a challenge to Minnesota's law banning mandatory anti-union meetings, saying an employer coalition doesn't have a case because state enforcers have said they don't intend to enforce the law.
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September 03, 2025
Lack Of Notice Bars Miami Real Estate Fraud Suit, Court Told
The city of Miami told a Florida appellate panel Wednesday that a resident's lawsuit alleging a real estate fraud conspiracy by city officials should be dismissed as untimely, saying the complaint was brought more than two years past the deadline for a required pre-suit notice under the Sunshine State's sovereign immunity law.
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September 03, 2025
Ex-Twitter Worker Fights X's Arbitration Push At 9th Circ.
X waived its arbitration rights in a $20 million severance suit and should not be able to challenge a district court's decision keeping the case in court, Twitter's former chief marketing officer told the Ninth Circuit.
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September 03, 2025
Former TransDigm GC Launches Retaliatory Firing Suit
The former general counsel of TransDigm Group Inc., an aerospace parts manufacturer, has filed a complaint in Ohio state court alleging she was terminated in retaliation for reporting two instances of sexual harassment and antitrust compliance concerns.
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September 03, 2025
Referee Blows Whistle On NBA's Partial Win In Vaccine Fight
A fired referee suing the NBA for religious discrimination asked a New York federal court to reconsider its ruling that denied him front and back pay, arguing the judge overlooked controlling case law that makes the decision "inappropriate."
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September 03, 2025
Arkansas Insurance Rule Beats Union Plan's ERISA Challenge
An Illinois federal judge has tossed a Teamsters healthcare plan's challenge to an Arkansas insurance regulation that aims to protect local pharmacies from under-reimbursement for prescription drugs, saying the regulation doesn't tread on the Employee Retirement Income Security Act's territory.
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September 03, 2025
Chatbot Or Not, Ind. Judge Urges Sanction For Bad Citation
An Indiana federal judge has recommended sanctioning an attorney representing a woman in an employment discrimination suit against a county court's juvenile detention center after the lawyer included faulty citations in a discovery brief, regardless of how the citations got there.
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September 03, 2025
Manhattan DA To Target Wage-Fixing With Antitrust Laws
Manhattan District Attorney Alvin Bragg said Wednesday that his office plans to be the first to use New York's criminal antitrust laws against companies that collude to keep workers' wages low.
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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.
Expert Analysis
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Key Takeaways From The 2025 Spring Antitrust Meeting
Leadership changes, shifting priorities and evolving enforcement tools dominated the conversation at the recent American Bar Association Spring Antitrust Meeting, as panelists explored competition policy under a second Trump administration, agency discretion under the 2023 merger guidelines and new frontiers in conduct enforcement, say attorneys at Freshfields.
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Running A Compliant DEI Program After EEOC, DOJ Guidance
Following recent guidance from the U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice that operationalized the Trump administration's focus on ending so-called illegal DEI, employers don't need to eliminate DEI programs, but they must ensure that protected characteristics are not considered in employment decisions, say attorneys at Holland & Knight.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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NWSL's $5M Player Abuse Deal Shifts Standard For Employers
The National Women's Soccer League's recent $5 million settlement addressing players' abuse allegations sends a powerful message to leagues, entertainment entities and employers everywhere that employee safety, accountability and transparency are no longer optional, say attorneys at Michelman & Robinson.
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Mass. AG Emerges As Key Player In Consumer Protection
Through enforcement actions and collaborations with other states — including joining a recent amicus brief decrying the defunding of the Consumer Financial Protection Bureau — Massachusetts Attorney General Andrea Campbell has established herself as a thought leader for consumer protection and corporate accountability, say attorneys at Troutman Pepper.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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What To Know About Restrictions On Former Federal Workers
Excerpt from Practical Guidance
Amid reductions to the federal workforce, agency counsel should be mindful that workers who are leaving government employment will still be covered by federal ethics restrictions upon their departure, including recusal requirements and temporary and permanent bans, says Rex Iacurci at LexisNexis.
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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.