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Employment
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May 30, 2025
Off The Bench: NASCAR V. Crypto, Puig Doc, NCAA Eligibility
In this week's Off The Bench, NASCAR beats defamation claims from a cryptocurrency founder regarding the spurious value of the coin, former MLB star Yasiel Puig sues the media companies behind a series documenting his entanglements in a federal gambling probe, and a Seventh Circuit panel appears receptive to the NCAA's defense of its eligibility rules.
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May 30, 2025
Texas Law Firm Beats Atty's Suit Over Stock Redemption
A Texas state appeals court has upheld Friedman Suder & Cooke PC's win in its decade-long dispute with a former shareholder over the redemption of his shares when he was let go, affirming a trial court ruling declaring the redemption "effective and operative."
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May 30, 2025
Jenner & Block Fights DOJ Motion Over Exec Order
Jenner & Block LLP on Friday fought a bid from the U.S. Department of Justice to carve out part of a March executive order targeting the firm after the bulk of the order was tossed last week, in a dispute that could relate to future actions against the firm.
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May 30, 2025
Mich. Workers Get Final OK For Boot-Up Suit Settlement
A Michigan federal court greenlighted an $86,000 settlement resolving an insurance specialist's collective action accusing a home healthcare company of failing to pay employees for the time they spent booting up their computers.
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May 30, 2025
Giant Eagle Worker Seeks Initial OK For $669K ERISA Deal
A proposed class of employees at Pennsylvania-based gas and grocery chain Giant Eagle asked a federal court for preliminary approval of an almost $669,000 settlement of their claims that the company overspent their retirement savings on administrative fees.
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May 30, 2025
Temple U., Cancer Center Can't Dodge Prof's Sex Bias Claims
Temple University and its cancer research center can't shut down the bulk of a researcher's suit claiming her supervisor refused to support her after she complained about his unwanted advances, a Pennsylvania federal judge ruled, finding she plausibly alleged harassment interfered with her job.
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May 30, 2025
Trump Opposes Quick Ruling In Copyright Chief's Firing Suit
The Trump administration on Friday asked a D.C. federal judge to deny Shira Perlmutter's request for expedited briefing in her lawsuit challenging her firing as head of the U.S. Copyright Office, saying she has not shown there is an urgency to resolve the matter.
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May 30, 2025
Judge Balks At Trimming Ex-GC's Bias Suit Before Arbitration
A New York federal judge rejected a recommendation to narrow and then send to arbitration a Black former general counsel's suit claiming she was fired from The Palm steakhouse chain out of race bias after her cancer diagnosis, saying the whole dispute needs to go to an arbitrator.
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May 30, 2025
Bass Pro Reels In Final Approval For $5M Tobacco Suit Deal
A Missouri federal judge has granted final approval to a $4.95 million settlement in a lawsuit that accused Bass Pro Shops of failing to tell employees who used tobacco how they could avoid incurring an extra $2,000-per-year charge for health insurance.
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May 30, 2025
Rehab's Ex-Kitchen Worker Drops Unpaid Wage Case
A former kitchen worker for a drug and alcohol rehabilitation center is no longer pursuing his claims that the nonprofit failed to pay him minimum and overtime wages, and sometimes didn't pay him at all, according to a filing Friday in Georgia federal court.
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May 30, 2025
3rd Circ. Preview: Tribal Immunity Limits On Deck For June
The Third Circuit's June argument lineup will find a finance company fighting a proposed class action over allegedly predatory payday loan fees because of its tribal ties, while a plumbing company argues that it does not have to arbitrate a union grievance.
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May 29, 2025
Stellantis, UAW Accused Of Sex Discrimination In $1M Suit
A Michigan woman is seeking at least $1 million in a lawsuit filed Wednesday in Michigan federal court against the U.S. subsidiary of Dutch automaker Stellantis and the United Auto Workers on allegations she was replaced as a team leader by less experienced male colleagues and that the union would not represent her — both due to her gender.
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May 29, 2025
OPM Memos Push Changes In Federal Hiring Based on 'Merit'
The Office of Personnel Management on Thursday issued two memos outlining plans for hiring federal workers based on merit, following President Donald Trump's executive orders declaring that the federal hiring system focuses too much on anti-discrimination and not enough on employees willing to serve the executive branch.
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May 29, 2025
OPM Injunction Looms For DOGE Chaos, As Court Floats Deal
A Manhattan federal judge hinted she may grant an injunction against the U.S. Office of Personnel Management related to what she called a "rushed, indeed chaotic, grant of access" to sensitive information for agents of the Department of Government Efficiency, before urging the government to hammer out a deal with the union plaintiffs.
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May 29, 2025
Atty Urges 2nd Circ. To Resurrect Name Feud With Ex-Firm
A lawyer has asked the Second Circuit to revive claims against his former firm, which he alleges used his name and likeness after he was fired, saying a judge's dismissal of those claims ignored the harm he personally suffered and the requirements of the Lanham Act.
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May 29, 2025
Columbia Sportswear Gets Mixed Trade Secrets Ruling
An Oregon federal judge has partially sided with motions by Columbia Sportswear Co. and a former employee in a case alleging the worker took trade secrets with him when he left the company, but denied the bulk of the requests from all parties seeking to end the suit in their favor.
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May 29, 2025
2nd Circ. Upholds KeyBank Adviser's $1.1M Defamation Win
The Second Circuit on Thursday upheld a $1.1 million award against a brokerage firm accused of making defamatory remarks about a former employee, ruling that Financial Industry Regulatory Authority arbitrators did not disregard the law in handing down the punishment.
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May 29, 2025
Ore. Pot Regulator Will No Longer Require Labor Peace Pacts
Oregon's cannabis regulator said Thursday that it would no longer enforce a voter-approved law requiring cannabis businesses to enter into labor peace agreements with their employees, following a federal judge's ruling that the law was preempted by federal policy.
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May 29, 2025
Masimo Founder Slaps Board With Lawsuit Over His Ouster
The founder and former CEO of Masimo Corp. has alleged six of the medical technology company's directors orchestrated his wrongful termination and denied him the compensation he is now owed, according to a suit for hundreds of millions of dollars filed against the executives in California state court.
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May 29, 2025
Ex-United Therapeutics Exec Can't Dodge IP Suit
A former United Therapeutics Corp. executive lost his bid to toss his former employer's suit alleging he used stolen intellectual property to develop a lung disease drug for a competitor, with the North Carolina Business Court ruling that it was too soon to determine if the complaint was untimely.
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May 29, 2025
IRS Delaying $11M Worker Tax Credit Payout, Hospital Says
A hospital forced to suspend its normal business as it responded to the COVID-19 pandemic told a Washington federal court Thursday that it's entitled to an $11.5 million tax refund for employee retention credits and that the IRS has failed to deliver the promised aid.
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May 29, 2025
Wash. Justices Upend Cannabis Co. Win In Wage Suit
Washington state's Department of Labor and Industries does not need to issue a formal letter demanding an employer pay a specific sum to employees before launching a wage and hour lawsuit, the state's supreme court held Thursday, upending a cannabis company's win in a lawsuit the agency launched against it.
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May 29, 2025
Mass. Justices Revive Atty's Suit Against 'Spiteful' Colleagues
Massachusetts' highest court Thursday revived part of a lawsuit brought by a former appellate court staff attorney who said he was intentionally undermined by supervisors, finding that he had made a reasonable showing that two of the three original defendants had demonstrated actual malice toward him.
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May 29, 2025
Seton Hall Rebuts Claim Of Trying To 'Muzzle' Ex-President
Counsel for Seton Hall University told a New Jersey state court Thursday that contrary to the claims of former school President Joseph Nyre, it is not seeking to "muzzle" him regarding an investigation into whether the school's current president knew of sexual abuse allegations and didn't report them.
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May 29, 2025
Split 5th Circ. OKs Acting NLRB GC's Drop Of Teamsters Case
A divided Fifth Circuit panel again blessed the National Labor Relations Board's order that supported a former acting general counsel's withdrawal of an unfair labor practice complaint against two Teamsters locals, analyzing the dispute on remand from the U.S. Supreme Court.
Expert Analysis
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Navigating Title IX Compliance In The NIL Era
As universities push to move more name, image and likeness activity in-house, it's unclear how the NCAA and its members will square implementation of the House settlement with Title IX requirements, say attorneys at Buchanan Ingersoll.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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It Starts With Training: Anti-Harassment After 'It Ends With Us'
Actress Blake Lively's recent sexual harassment and retaliation allegations against her "It Ends With Us" co-star, director and producer, Justin Baldoni, should remind employers of their legal obligations to implement trainings, policies and other measures to prevent sexual harassment in the workplace, say attorneys at Morrison Cohen.
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Opinion
New DOJ Leaders Should Curb Ill-Conceived Prosecutions
First-of-their-kind cases have seemingly led to a string of overly aggressive prosecutions in recent years, so newly sworn-in leaders of the U.S. Department of Justice should consider creating reporting channels to stop unwise prosecutions before they snowball, says Jonathan Porter at Husch Blackwell.
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Tips For Pharma-Biotech Overlap Reporting In New HSR Form
While there’s no secret recipe for reporting overlaps to the Federal Trade Commission in the new Hart-Scott-Rodino Act form, there are several layers of considerations for all pharma-biotech companies and counsel to reflect on internally before reporting on any deal, say attorneys at A&O Shearman.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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What Justices' FLSA Ruling Means For 2-Step Collective Cert.
The U.S. Supreme Court's recent decision in EMD Sales v. Carrera may have sounded the death knell for the decades-old two-step process to certify collective actions under the Fair Labor Standards Act, which could lead more circuits to require a preponderance of the evidence showing that members are similarly situated, says Steven Katz at Constangy.
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What Day 1 Bondi Memos Mean For Corporate Compliance
After Attorney General Pam Bondi’s flurry of memos last week declaring new enforcement priorities on issues ranging from foreign bribery to diversity initiatives, companies must base their compliance programs on an understanding of their own core values and principles, says Hui Chen at CDE Advisors.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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What Employers Should Know For Next Round Of H-1B Filings
With the fiscal year 2026 H-1B visa period opening soon, employers should brush up on the registration and filing procedures, as well as organize applicable data, to ensure they are ready for this dynamic, multistep process, say attorneys at Morgan Lewis.
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Ga. Tech Case Shows DOJ Focus On Higher Ed Cybersecurity
The Justice Department’s ongoing case against the Georgia Institute of Technology demonstrates how many colleges and universities may be unwittingly exposed to myriad cybersecurity requirements that, if not followed, could lead to False Claims Act liability, say attorneys at Woods Rogers.
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5 Things For Private Employers To Do After Trump's DEI Order
Following President Donald Trump's recent executive order pushing the private sector to narrow, and even end, diversity, equity and inclusion initiatives, employers should ensure DEI efforts align with their organization's mission and goals, are legally compliant, and are effectively communicated to stakeholders, say attorneys at Mintz.
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Will 4th Time Be A Charm For NY's 21st Century Antitrust Act?
New York's recently introduced 21st Century Antitrust Act would change the landscape of antitrust enforcement in the state and probably result in a sharp increase in claims — but first, the bill needs to gain traction after three aborted attempts, says Tyler Ross at Shinder Cantor.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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Zuckerberg's Remarks Pose Legal Risk For Meta Amid Layoffs
Within days of announcing that Meta Platforms will cut 5% of its lowest-performing employees, Mark Zuckerberg remarked that corporations are becoming "culturally neutered" and need to bring back "masculine energy," exposing the company to potential claims under California employment law, says Andi Mazingo at Lumen Law Center.