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Employment
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September 08, 2025
Split 4th Circ. Axes States' Challenge To Trump Admin Layoffs
A split Fourth Circuit panel held Monday that a coalition of states doesn't have standing to sue the Trump administration over the mass firing of thousands of probationary government employees, finding that it was the employees — not the states — who "suffered the brunt of the harm" underlying the case.
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September 08, 2025
Walgreens Fired Pharmacy Heads After Union Vote, Suits Say
Two ex-pharmacy managers have accused Walgreens of firing them for refusing to spy on their employees amid a campaign to unionize at a store in southwest Washington state, according to two new lawsuits launched in federal court in the Evergreen State.
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September 08, 2025
Unions Knock 'Flawed' 4th Circ. Injunction Take In DOGE Row
A split Fourth Circuit panel's decision to vacate an injunction targeting the Department of Government Efficiency created a flawed framework for evaluating whether an injunction is appropriate, a coalition of unions argued Monday, asking the full Fourth Circuit to override the majority's "sharp departure from established precedents."
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September 08, 2025
Fired Wells Fargo VP Claims Retaliation, Unsafe Workplace
Wells Fargo Bank has been hit with retaliatory firing claims in Illinois federal court by a former high-ranking testing and validation executive who claims she was treated unjustly and ultimately terminated for flagging reporting inaccuracies she was concerned could violate federal banking and securities laws.
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September 08, 2025
Lowe's Workers Drop Suit Claiming Unlawful Insurance Fees
Ex-Lowe's employees have dropped a proposed class action alleging the home improvement retailer violated federal law by overcharging tobacco-using employees for health insurance, according to a notice filed in North Carolina federal court.
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September 08, 2025
Governing Body To Pay Swimmers $4.6M In Antitrust Deal
World Aquatics will pay swimmers $4.6 million for missed events in a settlement ending their antitrust case accusing the sport's international governing body of organizing a group boycott against an upstart league, while the new league's case remains slated for a January trial.
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September 08, 2025
Exxon, BP, Others Keep Dismissal Of Pa. Benzene Suit
A Pennsylvania appeals court on Monday refused to reinstate a woman's suit alleging that products from Exxon Mobil Corp., BP Products North America Inc. and others exposed her husband to benzene, leading to his death, ruling the trial court rightly found that North Carolina is the far better venue.
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September 08, 2025
Whisper Not Enough To Sustain Worker's Harassment Suit
A Pennsylvania federal judge tossed a Merck Sharp & Dohme worker's suit Monday claiming his boss sexually harassed him by whispering in his ear at a staff meeting, ruling the singular incident did not create a hostile work environment at the pharmaceutical company.
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September 08, 2025
Trump Returns To High Court In Foreign Aid Freeze Dispute
President Donald Trump asked the U.S. Supreme Court on Monday to pause a lower court's order requiring the administration to release roughly $4 billion in frozen foreign aid, claiming the ruling interferes with his attempt to lawfully rescind the funding.
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September 08, 2025
NBA Taps Wachtell To Probe Possible Cap Scam By Clippers
Wachtell Lipton Rosen & Katz, which has led two previous probes into misconduct by NBA franchises that pushed their owners to sell the teams, has been retained by the league to investigate reported circumvention of the salary cap for superstar Kawhi Leonard by the Los Angeles Clippers.
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September 08, 2025
Former NLRB Chairman Joins Jackson Lewis In NYC
Former National Labor Relations Board Chairman Marvin E. Kaplan made the move to private practice at Jackson Lewis PC after his term ended last month, the firm announced Monday.
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September 08, 2025
Exotic Dancers Too Early With Quick Win Bid In Wage Suit
A former exotic dancer for an Illinois club cannot snag a partial win in a lawsuit claiming she and her coworkers were misclassified as independent contractors and faced illegal kickbacks, a federal judge ruled Monday, saying she "put the cart before the horse."
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September 08, 2025
Catching Up With Delaware's Chancery Court
Last week at the Delaware Court of Chancery, a bankruptcy administrator for a generic drugmaker formerly known as Teligent was told he can proceed with duty of oversight claims against most former officers and directors of the company, who the administrator said was complicit in the company's collapse. In an opinion, the Court of Chancery cites its 1996 decision In re Caremark International Inc. Derivative Litigation, which refined director duties of care and oversight.
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September 08, 2025
Drexel Defends Employees In Ex-Administrator's Bias Case
Drexel University officials on Monday denied that contentious interactions between staff members and a former administrator were motivated by race and gender bias, telling a Pennsylvania federal judge in a bench trial the real driver was concern about her allegedly interfering with the independence of the school's auditors.
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September 08, 2025
Conn. Tax Atty Wants Full Appeals Court To Rethink Her Firing
Connecticut's former tax legal director has asked the full Connecticut Appellate Court to reconsider an appellate panel's ruling that found her firing was proper after she used her work computer to send unauthorized draft legislation to a lobbyist, arguing that as a case of first impression it is important for the full court to weigh in.
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September 08, 2025
Atkinson Andelson Employment Ace To Join Ogletree In Calif.
Ogletree Deakins announced Monday that it is bringing aboard a partner from Atkinson Andelson Loya Ruud & Romo to bolster its capacity to handle employment-related litigation.
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September 08, 2025
Fisher Phillips Merges With Atlanta L&E Boutique
Fisher Phillips announced Monday it has combined with Elarbee Thompson Sapp & Wilson LLP, a labor and employment law firm based in Atlanta, growing its ranks by 22 lawyers.
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September 08, 2025
Ex-Judge Says Wash. DA, Court Sabotaged Election Bid
A Washington state attorney and former pro tem judge in Seattle has filed a lawsuit alleging she was racially discriminated against when a county prosecutor's office had her disqualified from hearing cases due to rulings she made from the bench.
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September 08, 2025
Musk Can't Avoid In-Person Deposition In Severance Battle
Elon Musk must appear in person for a deposition in a federal benefits lawsuit by ex-Twitter executives alleging the tech mogul fired them to escape paying millions in severance, a California federal judge ruled, rejecting a remote proceedings request he based partly on threats to personal safety.
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September 08, 2025
Chief Justice Pauses FTC Commissioner's Reinstatement
Chief Justice John Roberts issued an order Monday temporarily staying the reinstatement of Democratic Federal Trade Commissioner Rebecca Slaughter while the Trump administration fights to bring a case challenging her removal to the U.S. Supreme Court.
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September 05, 2025
DC Circ. Won't Halt Order Releasing Billions In Foreign Aid
Both a divided D.C. Circuit panel and a district court judge Friday refused to hit pause on the judge's recent order requiring the Trump administration to release billions of dollars in frozen foreign aid.
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September 05, 2025
Feds Say Supreme Court Trumps 9th Circ.'s UC Grant Ruling
The Trump administration has urged the Ninth Circuit to reconsider a panel decision that upheld an order to reinstate University of California research grants terminated by the White House, saying the U.S. Supreme Court subsequently contradicted the panel's holding in a "materially identical" case.
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September 05, 2025
7th Circ. Probes Colleague, Timing In DePaul Firing Bias Suit
A Seventh Circuit panel on Friday dove into the timeline of a former DePaul University professor's firing and the details surrounding a colleague who allegedly received comparatively lighter treatment amid sexual misconduct allegations as the judges considered reviving claims that the university decided against rehiring him because of his race.
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September 05, 2025
DC Circ. Enforces NLRB Order Against Puerto Rico Beer Co.
A Puerto Rico beer company must bargain in good faith with its workers' union and give six months of back pay to an employee union leader whom it placed on unpaid leave, a split D.C. Circuit said Friday, upholding a decision of the National Labor Relations Board.
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September 05, 2025
Munchkin Says 'Unhinged' GC Was Fired For Good Reason
Munchkin Inc. says it had multiple legitimate reasons to terminate the baby company's general counsel for cause after he launched a "retaliatory and vindictive campaign" against another executive, calling him "unhinged" and slamming his suit against the company as "harassing," according to a filing in California state court.
Expert Analysis
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Employer Tips As Memo Broadens Religious Accommodations
A recent Trump administration memorandum seeking to expand religion-related remote work accommodations for federal workers continues the trend of prioritizing religious rights in the workplace, which should alert all employers as related litigation shows no signs of slowing down, say attorneys at Seyfarth Shaw.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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5th Circ. Ruling Signals Strife For Employers Navigating ADA
While the Fifth Circuit’s recent decision in Strife v. Aldine Independent School District demonstrates that speed is not a perfect shield against workers' Americans with Disabilities Act claims, it does highlight how courts may hold employers liable for delays in the interactive accommodation process, say attorneys at Krevolin & Horst.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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4th Circ. Clarifies Employer Duties For ADA Accommodations
The Fourth Circuit's recent decision in Tarquinio v. Johns Hopkins indicates that an employer's obligation to provide accommodations under the Americans with Disabilities Act may never arise if an employee obstructs the process, underscoring that ADA protections depend on cooperation between both parties, say attorneys at Hunton.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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9 Jury Selection Lessons From The Combs Trial
U.S. District Judge Arun Subramanian’s unusually thorough jury selection process for the trial of Sean Combs offers attorneys and judges a master class in using case-specific juror questionnaires and extended attorney-led voir dire to impanel better juries that produce more just outcomes, say Kevin Homiak at Wheeler Trigg and Leslie Ellis at The Caissa Group.
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9th Circ.'s Trade Secrets Ruling Is A Win For DTSA Plaintiffs
The Ninth Circuit's recent decision in Quintara v. Ruifeng shifts the balance in federal trade secret litigation toward a more flexible, discovery-driven process, meaning that plaintiffs may be more likely to pursue claims under the Defend Trade Secrets Act, and early motions to strike or dismiss will face steep odds, say attorneys at Cooley.
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NY Bill Would Complicate Labor Law Amid NLRB Uncertainty
The New York Legislature passed a bill that, if enacted, would grant state agencies the power to enforce federal labor law, potentially causing significant challenges for employers as they could be subject to both state and federal regulators depending on the National Labor Relations Board's operational status, say attorneys at Sheppard Mullin.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Calif. Arbitration Fee Ruling Gives Employers Slight Leeway
The California Supreme Court's decision in Hohenshelt v. Superior Court of Los Angeles County offers a narrow lifeline that protects employers from losing arbitration rights over inadvertent fee payment delays, but auditing arbitration agreements and implementing payment tracking protocols can ensure that deadlines are always met, say attorneys at Buchalter.
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When Misconduct Can Trigger Bank Industry Employment Ban
The Federal Reserve Board recently settled an enforcement action in which a former employee of a Wyoming bank was banned from banking for conduct she allegedly committed at an entity unrelated to the bank, raising questions about the scope of regulatory enforcement authority, says Travis Nelson at Polsinelli.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Mitigating Employer Liability Risk Under Sex Assault Rule
The American Law Institute's newly approved rule expands vicarious liability to employers for certain sexual assaults that employees commit, which could materially increase employers' exposure unless they strengthen safeguards around high-risk roles, say attorneys at Morgan Lewis.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.