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Employment
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October 29, 2025
DHS Ends Automatic Work Permit Extensions
The U.S. Department of Homeland Security on Wednesday unveiled an interim final rule to end automatic extensions for expiring work permits for which renewal applications have been filed.
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October 28, 2025
9th Circ. Upholds NLRB Ruling On Wage Talk Firing
The Ninth Circuit on Tuesday backed the National Labor Relations Board's order finding that a Phoenix apartment complex manager illegally terminated an employee for discussing his wages with colleagues, which qualifies as protected activity, rejecting the manager's argument the employee was fired because of the quality of his work.
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October 28, 2025
Off-Label Prescribing Was Common, Novo Nordisk Tells Jury
A whistleblower suing drugmaker Novo Nordisk for allegedly defrauding Washington state's Medicaid system acknowledged from the witness stand Tuesday that she previously prescribed hemophilia drugs for off-label use in her own practice — despite concerns she raised in her lawsuit about other doctors' off-label prescription of Novo Nordisk's drug NovoSeven.
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October 28, 2025
Trump Admin Ordered To Halt Some Shutdown-Linked Layoffs
A California federal judge on Tuesday granted a preliminary injunction to eight unions for federal workers who lost their jobs during the government shutdown, saying they were likely to succeed on their claims that the Trump administration's actions were "political retribution" and unlawful.
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October 28, 2025
Bias Claims From Worker Who Failed Drug Test Can Proceed
A Pennsylvania federal judge narrowed, but didn't throw out, a disability bias suit from a hospital worker who said he was fired after failing a drug test because he took cannabidiol gummies for a spinal condition, saying a reasonable jury might conclude his disability earned him harsher treatment.
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October 28, 2025
Justices Told 9th Circ. Erred In ERISA Claim Release Fight
A microchip company urged the U.S. Supreme Court to review a Ninth Circuit decision reversing the company's win in a dispute from ex-workers alleging they were cheated out of severance benefits following a merger, arguing the appellate court's decision finding claim releases were unenforceable had deepened a circuit split.
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October 28, 2025
Atlanta Co. Dodges OT Pay With 'Affiliate' Scheme, Suit Says
One of the largest event management companies in Atlanta has been hit with a proposed class action in federal court for allegedly refusing to pay its employees any overtime on the basis that it is a seasonal business providing "amusement or recreational services."
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October 28, 2025
Engineer Must Give Shipbuilders No-Poach Witness Names
A Virginia federal magistrate judge ordered a naval engineer to name all the witnesses her attorneys spoke to, and all the information about those interviews, as the nation's largest military shipbuilders seek to argue she's too late to accuse them of agreeing not to poach each other's workers.
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October 28, 2025
Ebix Wants Ex-CEO's Revenge Porn Blackmail Suit Tossed
Georgia-based software firm Ebix Inc. asked a federal judge to dismiss a lawsuit filed against it by its ousted former CEO, who alleged the company's director tried to blackmail him into dropping a suit over his severance pay by threatening to release "intimate images" of him and his wife.
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October 28, 2025
Va. Justices Urged To Restore Record $2B Trade Secrets Win
A software company fighting to regain a $2 billion trade secrets award urged the Virginia Supreme Court on Tuesday to affirm the verdict, arguing that an appellate court was wrong to disturb the conclusions from jurors and the trial judge.
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October 28, 2025
1st Circ. Rejects Ex-SSA Atty's Appeal Over Firing
A mistakenly issued decision by one administrative review panel does not reopen the door for a former Social Security Administration staff attorney to challenge another panel's confirmation of his firing, the First Circuit ruled.
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October 28, 2025
Curaleaf Asks For Quick Action On NJ Pot Shop Union Rule
Cannabis giant Curaleaf's ability to operate in New Jersey could be in jeopardy by the end of the week, it told a federal judge Tuesday when seeking an expedited hearing on its motion to block the state's cannabis regulator from requiring the company to adopt labor peace agreements with unions.
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October 28, 2025
Full 5th Circ. To Rehear West Texas A&M Drag Ban Case
The full Fifth Circuit has agreed to rehear an LGBTQ+ student organization's challenge to the West Texas A&M University's ban on campus drag shows, after a split panel in August tossed a decision allowing the university to continue its ban.
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October 28, 2025
Apple Says Fintiv IP, Racketeering Case Belongs In Texas
Apple Inc. is arguing that Texas, not Georgia, federal court is the right forum for Fintiv Inc.'s lawsuit accusing the technology giant of trade secret theft and racketeering, saying Fintiv is trying to repackage patent litigation from the Lone Star State, where Apple was partially cleared.
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October 28, 2025
Tax Software Co. Denies Poaching Rival's Workers
Tax preparation software company Avalara asked a Pennsylvania federal court to deny claims by a competitor that it illegally lured workers with generous job offers, saying it did not unfairly compete or interfere with the competitor's contracts as it claimed.
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October 28, 2025
Wash. Hospital System Can't Undo $230M Wage Suit Loss
A hospital system can't undo a $230 million judgment against it because it didn't sufficiently counter evidence that its default rounding system was unlawful and assumed caregivers wouldn't take a second meal break, a Washington state appeals panel ruled.
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October 27, 2025
Tom Hayes Slaps UBS With $400M Malicious Prosecution Suit
Former UBS trader Tom Hayes has filed a $400 million suit against his old employer, claiming the company "maliciously" framed him as the "evil mastermind" behind the company's Libor scandal despite the fact that he was explicitly directed to try to influence Libor submissions while at UBS.
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October 27, 2025
Drone Co., Exec Seek Exits From Trade Secret Suit
A Utah drone company urged a federal judge to toss a trade secret suit brought by another company previously launched by one of its founders, arguing that it fails to identify any specific protected information that was misappropriated.
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October 27, 2025
Whistleblower 'Horrified' By Novo Nordisk Drug Sales Tactics
The whistleblower behind a federal lawsuit accusing Novo Nordisk of paying kickbacks to doctors and patients as part of a scheme to drive sales of its hemophilia drug NovoSeven took the witness stand Monday, telling jurors she was "horrified" at how the drugmaker's marketing team targeted doctors.
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October 27, 2025
Activision Blizzard Violated Break Time Rules, Ex-Worker Says
A former Activision Blizzard employee filed a Private Attorneys General Act suit against the video game giant Friday in California state court alleging the company and its subsidiary Blizzard Entertainment required employees to work through breaks and tried to control how workers spend their time during breaks.
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October 27, 2025
3rd Circ. Hints NJ Bias Law Standard No Longer Viable
A Third Circuit panel appeared poised on Monday to reconsider the viability of the "background circumstances" test under New Jersey's Law Against Discrimination as it weighed a white former police officer's bid to revive his discrimination case through the lens of recent U.S. Supreme Court precedent in cases brought by majority-group plaintiffs.
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October 27, 2025
Teva To Pay $35M In Suit Over Delayed Generic Inhalers
Teva Pharmaceuticals will pay $35 million to resolve claims from a coalition of union healthcare funds that say the company schemed to delay generic competition for its QVAR asthma inhalers, according to a motion for preliminary injunction filed in Massachusetts federal court.
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October 27, 2025
Pool-Sharing Co. CEO Sued For Job Protection Poison Pill
A company that lines up third-party pool and private recreation court rentals sued its former chief executive Thursday in Delaware's Court of Chancery, alleging that the officer secretly lined up pay and benefit hikes for three other top executives to be triggered in the event of his removal.
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October 27, 2025
USPTO, NWS Unions Try Blocking Order Ending Labor Rights
Two unions that represent employees at the U.S. Patent and Trademark Office and the National Weather Service have asked a District of Columbia federal judge for a preliminary injunction to block an executive order ending their collective bargaining rights, saying the order relied on a flawed finding that the two agencies have national security as a primary function.
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October 27, 2025
Wash. AG Tells 9th Circ. Seattle DEI Policies Protect Workers
The Washington state attorney general joined several voices urging the Ninth Circuit to back Seattle's defeat of a white former employee's lawsuit challenging the city's diversity, equity and inclusion programs, arguing that thoughtful diversity initiatives "uplift," rather than violate, the law.
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.