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Employment
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February 19, 2026
11th Circ. Backs NLRB In Fla. Symphony's Impasse Appeal
The Eleventh Circuit on Thursday upheld a National Labor Relations Board order finding that a now-defunct Florida symphony orchestra declared an impasse while negotiating with an American Federation of Musicians affiliate and unlawfully imposed a final contract offer.
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February 19, 2026
Wells Fargo Urges 4th Circ. To Ax Ex-Director's $22M ADA Win
Wells Fargo is doubling down on its efforts to unravel a $22 million Americans with Disabilities Act verdict in favor of a former employee, telling the Fourth Circuit the former bank director was never denied a chance to work from home and therefore cannot claim the bank failed to accommodate him, among other things.
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February 19, 2026
$14M Noncompete Fight Moves Forward In Chancery
The Delaware Chancery Court on Thursday largely refused to dismiss claims that Boingo Wireless Inc.'s former director John Basil Georges breached a five-year noncompete tied to the $14 million sale of his wireless infrastructure company, but she threw out a parallel nonsolicitation provision as unenforceably overbroad.
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February 19, 2026
5th Circ. Judge Impugns NLRB Impartiality In Scathing Dissent
A Fifth Circuit judge impugned the National Labor Relations Board's fairness and attacked its foundational motive test as "an undertheorized byproduct of Chevron deference" in a dissent to an opinion backing the board's finding that Trader Joe's illegally fired a worker over repeated COVID-19 safety complaints.
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February 19, 2026
Empower Retirement Faces FLSA Violation Allegations
A former employee of Empower Retirement LLC claimed in a proposed class and collective action Wednesday that the company violated the Fair Labor Standards Act by not paying employees for required pre- and post-shift work.
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February 19, 2026
Paralegal Can Pursue Her ADA Bias Suit Against Former Firm
A former paralegal at The Driscoll Firm PC can pursue her lawsuit alleging the firm discriminated against her after she informed higher-ups that her cancer had metastasized, because a North Carolina federal judge said she stated plausible claims for relief.
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February 19, 2026
Pa. Waste Co. Misclassified, Underpaid Workers, Suit Says
A waste management company misclassified drivers as independent contractors, stiffed them on overtime premiums and did not pay for about a month of training, according to a proposed class and collective action filed in Pennsylvania federal court on Thursday.
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February 19, 2026
Ill. Justices Face Judge's Suit Over Removal For MAGA Op-Ed
A retired Illinois state judge who had published a MAGA-leaning opinion column, then was temporarily reinstated to the bench amid a judge shortage, has sued the justices of the state Supreme Court, alleging they deprived him of due process in ordering his removal.
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February 19, 2026
Stone Hilton Seeks Sanctions Over 'White Trash' Hostility Claim
Texas firm Stone Hilton is seeking sanctions in an employment suit by a former office manager over her refusal to withdraw an "implausible" hostile work environment claim brought only to harass the defendants and increase the cost of litigation.
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February 19, 2026
Costco Inks Deal To End Worker's Sex Harassment Suit
Costco Wholesale Corporation has agreed to settle a worker's suit claiming the company retaliated against her after she reported that a male colleague harassed her by repeatedly asking her out on dates and reacting angrily when she denied him.
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February 19, 2026
FedEx Reaches $8.5M Deal To Settle Warehouse Wage Suit
FedEx and workers at 17 of its New Jersey warehouses reached an $8.5 million deal to settle the workers' claims they weren't paid for the time spent going through security screenings and walking to time clocks before and after their shifts.
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February 19, 2026
AstraZeneca Prevails In Whistleblower Suit 9th Circ. Revived
An Oregon federal judge tossed a former AstraZeneca sales manager's whistleblower claims that she was fired for accusing a colleague of promoting off-label drugs, in a case that took a trip to the Ninth Circuit and back.
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February 19, 2026
8th Circ. Keeps Arbitration Award Against Concrete Co.
An arbitrator reasonably interpreted and applied a collective bargaining agreement when it ruled that a ready-mix concrete supplier flouted the contract when it didn't release drivers from duty based on seniority, the Eighth Circuit found.
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February 19, 2026
Healthcare Co., Nurse Agree To Collective In OT Suit
A healthcare company and a nurse claiming he wasn't paid overtime agreed that a collective should be certified, telling an Ohio federal court Thursday that doing so will allow efficiency in the case and increase the possibility of a deal.
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February 19, 2026
Trucking Co. Paid Drivers Per Mile Only, Suit Says
A trucking company's per-mile pay system violates state law by failing to compensate drivers for work that does not include driving, a driver said in a proposed class action filed in Los Angeles County Superior Court.
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February 18, 2026
Ex-Palantir Engineers Cleared To Return To Work For Rival
A New York federal judge Wednesday preliminarily blocked several former Palantir employees from recruiting from Palantir for their rival company, Percepta AI, but he refused to block them from working there, as Palantir had requested in the litigation accusing them of stealing confidential information for their new endeavor.
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February 18, 2026
Fluor Must Disclose Amounts Paid To Trial Witnesses
A South Carolina federal judge ordered Fluor Corp. on Tuesday to disclose how much it has paid fact witnesses amid a trial over claims Fluor overcharged the military, but declined to invalidate the company's compensation agreements with the witnesses.
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February 18, 2026
Pa. Justices Put Limits On Workers' Comp Immunity
The Pennsylvania Supreme Court on Wednesday reined in a state law offering broad immunity from liability for co-workers in workers' compensation cases, saying co‑employee immunity does not automatically apply just because two people work for the same employer.
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February 18, 2026
7th Circ. Mulls Remanding Walmart ADA Injunction Bid Again
A Seventh Circuit judge seemed open Wednesday to having a Wisconsin judge again consider federal employment regulators' injunctive relief request after a jury found Walmart liable for failing to accommodate an employee with Down syndrome, saying the trial record suggests Walmart's schedule-related misstep may not have been a one-time mistake.
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February 18, 2026
Ex-Cop Commissioner's RICO Suit Against NYPD, Adams Tossed
A Manhattan federal judge on Wednesday threw out a former New York Police Department commissioner's civil racketeering lawsuit accusing ex-Mayor Eric Adams and other city officials of running the NYPD as a criminal enterprise and retaliating against him for trying to expose the alleged misconduct.
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February 18, 2026
Canada's Olympic Body Joins NHL, CHL Antitrust Defense
Canadian hockey officials asked the Ninth Circuit to reject an appeal from junior players who sued the National Hockey League and its pipeline organizations over alleged antitrust violations, arguing certain rules actually benefit the community and foster competition.
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February 18, 2026
11th Circ. Backs UPS In Worker's Race Bias, Retaliation Case
The Eleventh Circuit declined Wednesday to reinstate a UPS worker's race bias, retaliation and hostile work environment lawsuit, finding that UPS had a legitimate reason for terminating her.
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February 18, 2026
Hudson Tunnel Agency Blasts 'Threadbare' Union-Limits Suit
The Gateway Development Commission has urged a New Jersey federal judge to dismiss nearly all claims brought by a Garden State construction company over the use of a project labor agreement on a major segment of the Hudson Tunnel Project, arguing the suit rests on "conclusory and threadbare allegations."
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February 18, 2026
NC Biz Court Slashes Tex-Mex Chain's Trade Secrets Case
The former manager of an upscale Tex-Mex restaurant in North Carolina pared down a trade secrets suit accusing him of replicating the dining concept at another restaurant in Missouri, with a state judge throwing out all but one breach of contract claim against him.
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February 18, 2026
LA DA Chief Demoted Over View On Juvenile Cases, Suit Says
A prosecutor in the Los Angeles County District Attorney's Office claims that he was demoted from a top position after a spat with District Attorney Nathan J. Hochman over his views on how the office should handle cases involving juveniles.
Expert Analysis
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Series
The Law Firm Merger Diaries: Forming Measurable Ties
Relationship-building should begin as early as possible in a law firm merger, as intentional pathways to bringing people together drive collaboration, positive client response, engagements and growth, says Amie Colby at Troutman.
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Opinion
US Cybersecurity Strategy Must Include Immigration Reform
Cyberthreats are escalating while the cybersecurity workforce remains constrained due to a lack of clear standards for national-interest determinations, processing backlogs affecting professionals who protect critical public systems and visa allocations that do not reflect real-world demands, says Rusten Hurd at Colombo & Hurd.
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A Look At EEOC Actions In 2025 And What's Next
President Donald Trump issued several executive orders last year that reshaped policy at the U.S. Equal Employment Opportunity Commission, and with the administration now controlling a majority of the commission, the EEOC may align itself fully with orders addressing disparate impact and transgender issues, say attorneys at Jones Day.
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5 E-Discovery Predictions For 2026 And Beyond
2026 will likely be shaped by issues ranging from artificial intelligence regulatory turbulence to potential evidence rule changes, and e-discovery professionals will need to understand how to effectively guide the responsible and defensible adoption of emerging tools, while also ensuring effective safeguards, say attorneys at Littler.
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Athlete's Countersuit Highlights Broader NIL Coverage Issues
Former University of Georgia football player Damon Wilson's countersuit against the university's athletic association over a name, image and likeness contract offers an early view into how NIL disputes — and the attendant coverage implications — may metastasize once institutions step fully into the role of contracting and enforcement parties, says Sarah Abrams at Baleen Specialty.
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How Mamdani Will Shift NYC Employment Law Enforcement
Under Mayor Zohran Mamdani, the New York City labor law regime is poised to become more coordinated, less forgiving and more willing to test gray areas in favor of workers, with wage and hour practices, pay equity and contractor relationships among likely areas of enforcement focus, says Scott Green at Goldberg Segalla.
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Series
Judges On AI: How Courts Can Boost Access To Justice
Arizona Court of Appeals Judge Samuel A. Thumma writes that generative artificial intelligence tools offer a profound opportunity to enhance access to justice and engender public confidence in courts’ use of technology, and judges can seize this opportunity in five key ways.
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Opinion
DHS' Parole Termination Violates APA And Due Process
The U.S. Department of Homeland Security’s abrupt termination of family reunification parole programs violates both the Administrative Procedure Act and the due process rights of vetted beneficiaries who relied on the government's explicit invitation to wait in the U.S. for an immigrant visa to become available, says Abdoul Konare at Konare Law.
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Examining Privilege In Dual-Purpose Workplace Investigations
The Sixth Circuit's recent holding in FirstEnergy's bribery probe ruling that attorney-client privilege applied to a dual-purpose workplace investigation because its primary purpose was obtaining legal advice highlights the uncertainty companies face as federal circuit courts remain split on the appropriate test, say attorneys at Proskauer.
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Opinion
The Case For Emulating, Not Dividing, The Ninth Circuit
Champions for improved judicial administration should reject the unfounded criticisms driving recent Senate proposals to divide the Ninth Circuit and instead seek to replicate the court's unique strengths and successes, says Ninth Circuit Judge J. Clifford Wallace.
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4 Ways 2026 Will Shift Corporate Compliance And Ethics
As we begin 2026, ethics and compliance functions are being reshaped by forces that go far beyond traditional regulatory risk, and there are key trends that will define the landscape, with success defined less by activity and volume, and more by impact, judgment and credibility, says Hui Chen at CDE Advisors.
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How 11th Circ.'s Zafirov Decision Could Upend Qui Tam Cases
Oral argument before the Eleventh Circuit last month in U.S. ex rel. Zafirov v. Florida Medical Associates suggests that the court may affirm a lower court's opinion that the qui tam provisions of the False Claims Act are unconstitutional — which could wreak havoc on pending and future qui tam cases, say attorneys at Morgan Lewis.
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Series
Muay Thai Makes Me A Better Lawyer
Muay Thai kickboxing has taught me that in order to win, one must stick to one's game plan and adapt under pressure, just as when facing challenges by opposing counsel or judges, says Mark Schork at Feldman Shepherd.
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Series
Law School's Missed Lessons: Intentional Career-Building
A successful legal career is built through intention: understanding expectations, assessing strengths honestly and proactively seeking opportunities to grow and cultivating relationships that support your development, say Erika Drous and Hillary Mann at Morrison Foerster.
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Navigating Workplace AI When Federal, State Policies Clash
Two recent federal bills and various state laws concerning employers' artificial intelligence use may clash with an executive order calling for minimal regulation, so employers should proactively monitor their AI usage and stay apprised of legislative updates while awaiting further direction from the federal government, say attorneys at Foley & Lardner.