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Employment
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March 27, 2026
Employment Authority: 1st Circ. Views On Post-Muldrow PIPs
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on how a recent First Circuit decision shines a light on how a performance improvement plan can run afoul of the law in light of a worker-friendly U.S. Supreme Court ruling, the high court's review of an exemption to federal arbitration requirements for interstate transportation workers and Washington's new statute allowing state agencies to fill in if the National Labor Relations Board is hampered in enforcing federal labor law.
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March 27, 2026
Up Next At High Court: Birthright Citizenship, Arbitration
The U.S. Supreme Court will close out its March oral arguments session by hearing a nationwide class's blockbuster challenge to President Donald Trump's limited view of birthright citizenship, as well as a dispute over federal courts' authority to confirm or vacate arbitration awards in cases they've formerly overseen.
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March 27, 2026
Guardsman Says Partners Pushed Him Out Of Biz Venture
An Oklahoma National Guard member told a Georgia federal court his business partners violated federal law by trying to boot him from their company after he was called up for duty and by starting a new venture when they couldn't get rid of him.
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March 27, 2026
NC Biz Court Bulletin: Judge Exits, Duke Ducks Climate Suit
The North Carolina Business Court saw an unexpected shakeup with one judge's retirement, rendered a pivotal decision in a first-of-its-kind climate change case against Duke Energy and oversaw a trial between the feuding owners of a commercial bed skirt company.
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March 27, 2026
5th Circ. Won't Revive Ex-Health IT Co. Worker's Bias Suit
The Fifth Circuit upheld a healthcare information technology provider's win over a Black former manager's lawsuit claiming she was fired for complaining that a white male colleague was treated better, saying she couldn't overcome the company's rationale for letting her go.
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March 27, 2026
Berkshire RE Franchise Says 'Pied Piper' Lured Away Agents
A Massachusetts franchise of Berkshire Hathaway's real estate unit alleged in a state court complaint Friday that the former sales manager of two offices outside Boston "acted as a corporate pied piper" to lure 21 colleagues to a competitor.
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March 27, 2026
Bank Says Ex-Execs Fired For Conduct, Not Whistleblowing
Florida community bank First National Bank of Pasco told a federal judge that two former executives who claim they were fired for blowing the whistle on banking law violations were actually fairly terminated, and one of the plaintiffs did not even participate in the alleged whistleblowing.
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March 27, 2026
Mich. Judge Signals No Stay If Attys Exit Retaliation Suit
A Michigan federal judge said Friday she is not inclined to pause a long-running sexual harassment suit again if counsel for an attorney who is suing her ex-mentor and former firm are allowed to withdraw, telling the parties, "We've been here. We've done this," as she heard arguments over a motion to exit the case.
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March 27, 2026
High Court Asked To Review $168M Trade Secret Award
Tata Consultancy Services Ltd. has asked the U.S. Supreme Court to review a Fifth Circuit ruling that upheld a $168 million judgment in a trade secret case, arguing the decision allowed an unjust enrichment award without proof that an IT competitor suffered any monetary harm.
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March 27, 2026
General Motors Can't Get Early Win In EEOC Age Bias Suit
An Indiana federal judge refused to let General Motors escape a U.S. Equal Employment Opportunity Commission suit claiming the business unlawfully withheld disability pay from workers who received Social Security benefits, calling GM's argument that its policy hinged on benefit eligibility rather than age premature.
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March 27, 2026
Trump Taps NLRB Member To Lead As Board Chairman
President Donald Trump has selected James Murphy to take over as chairman of the National Labor Relations Board, the agency announced Friday, a move that comes several months after the longtime board official returned from his retirement to fill a vacant board seat.
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March 27, 2026
Colo. City Nabs Early Win In Sexual Harassment Suit
A Colorado federal judge granted the city of Aurora summary judgment Friday after finding that the sexual harassment claims brought by three women who participated in an Aurora Police Department training program are time-barred.
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March 27, 2026
OSHA Proposes $116K In Fines Over Silica Dust Exposure
The U.S. Department of Labor's Occupational Safety and Health Administration proposed more than $116,000 in penalties against two Georgia countertop manufacturers, after inspectors found workers exposed to respirable crystalline silica — an issue identified in previous investigations — and noise hazards.
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March 27, 2026
NRA Strikes Deal With Its Ex-President In Florida Suit
The National Rifle Association and its former president reached a settlement in her Florida federal lawsuit alleging the organization misappropriated her name, image and likeness.
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March 27, 2026
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen Apple hit back at a tech company's wireless charging patent claim, a flurry of businesses bring COVID-19 pandemic insurance claims as a key deadline draws closer and Ipulse Partners LLP file a claim against a luxury yacht company it represented in a trademark dispute. Here, Law360 looks at these and other new claims in the U.K.
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March 27, 2026
Fired Cognizant Worker Was 'Uncooperative,' Jury Told
A Manhattan federal jury weighed claims Friday that Cognizant Technology Solutions fired a New York University professor for complaining about hiring bias, after a lawyer for the company called him a troublesome employee who has no contemporaneous evidence of his concerns.
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March 27, 2026
Pharma Co. Says Exec Was Fired Over Conduct, Not Piglets
The U.S. arm of a Danish pharmaceutical company has told a North Carolina federal judge to throw out a former director's "extraordinary and conspiratorial" lawsuit claiming he was fired for expressing concerns about his employer's use of piglets at an anniversary party.
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March 27, 2026
Colo. Nurses Snag Class Cert. In Holiday Pay Case
A group of nurses can proceed as a class in a suit accusing a healthcare company of excluding holiday premiums from their pay when they worked overtime, a Colorado federal judge has ruled.
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March 27, 2026
Morgan Lewis Adds Baker McKenzie Employment Ace In Fla.
Morgan Lewis & Bockius LLP said Friday it has bolstered its labor and employment practice with the addition of a former Baker McKenzie attorney in Miami.
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March 26, 2026
Ex-Mich. City Workers Say Judge Erred In Trimming Vax Suit
Former city employees of Ann Arbor, Michigan, asked a federal judge Thursday to reconsider her decision to remove religious discrimination and state civil rights claims from their suit alleging religious discrimination after they were denied COVID-19 vaccine exemptions.
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March 26, 2026
White & Case Staffer Sues Firm Over Nude Photo Ridicule
A White & Case LLP staffer sued the law firm in New York state court Wednesday, alleging the firm's purported "hostile work environment" shielded his colleagues after they allegedly shared nude photos of him, which he claims were taken by his supervisor while he was unconscious at a firm-sponsored party.
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March 26, 2026
L'Oreal Wants Color Wow Co.'s Purchase Price Kept Secret
An executive for L'Oréal USA Inc. has asked a Connecticut state court judge not to force the public disclosure of the price the company paid to acquire Federici Brands LLC, the company behind Color Wow hair care products, as part of a former Federici president's lawsuit alleging she is owed $40 million from the transaction.
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March 26, 2026
Joe Gibbs Racing Wants Rival Blocked From Using Stolen Info
Joe Gibbs Racing LLC on Thursday pushed to enjoin rival NASCAR team Spire Motorsports from using confidential race data allegedly stolen by its former competition director, even as Spire denied having the information and decried the accusations as unfounded.
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March 26, 2026
FTC Antitrust Head Cites Acquihire 'Tension' With Deal Rule
The Federal Trade Commission's top antitrust official said Thursday that so-called reverse acquihires appear designed solely to avoid merger reporting requirements, while noting that competition enforcers continue to scrutinize the deals that are newly popular in Silicon Valley, especially in the artificial intelligence space.
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March 26, 2026
Antitrust Leaders Say Lobbyists Don't Impact Outcomes
The leaders of the Federal Trade Commission and U.S. Department of Justice's Antitrust Division said Thursday that companies can lobby the agencies all they want, but enforcers will still make merger and conduct decisions based on the facts and the law.
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.