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Employment
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August 14, 2025
Bid To Block Alabama's Anti-DEI Law Rejected
An Alabama federal judge has rejected a bid to block a state law banning certain diversity, equity and inclusion-related activities at state schools and college campuses, finding the Alabama NAACP and the students and professors who filed suit didn't show that the law is unconstitutionally vague.
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August 14, 2025
Wilcox Case Dims Amazon NLRB Injunction Hopes At 9th Circ.
A Ninth Circuit panel appeared unlikely Thursday to block the National Labor Relations Board from pressing a case against Amazon, as judges noted the company appears to already have the prize its suit seeks: an end to the bar on the president removing NLRB members.
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August 14, 2025
11th Circ. Partly Revives Day Labor Protections Suit
A Florida federal court erred by dismissing a worker protections suit against a staffing company instead of first addressing a subject matter jurisdiction dispute, the Eleventh Circuit ruled, although it affirmed the dismissal of two individual defendants for lack of personal jurisdiction.
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August 14, 2025
Ex-Market Basket Execs Banned From Co. Sites Amid Feud
A Massachusetts judge on Thursday barred two former Market Basket executives from returning to any of its stores or headquarters amid a fight for control over the regional supermarket chain, three days after the company went to court to enforce no-trespassing orders.
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August 14, 2025
Crypto Co. Slams Canadian Consultant's Unpaid Wages Claims
Cryptocurrency startup Unicoin Inc. and its CEO have asked a New York federal judge to dismiss a former consultant's lawsuit alleging he's owed wages and coin commissions for his work facilitating the firm's Canadian presence, arguing the consultant quit last summer and has no enforceable contract.
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August 14, 2025
DHS Can't Ax Suit Challenging Dissolution Of TSA Union Deal
The U.S. Department of Homeland Security can't defeat unions' suit alleging the agency's move to end a collective bargaining agreement covering Transportation Security Administration workers is retaliatory, a Washington federal judge ruled, finding the district court has jurisdiction to weigh in on the case.
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August 14, 2025
Mich. Panel Greenlights 911 Dispatcher's Whistleblower Suit
A Michigan appellate panel said Wednesday that a former 911 operator may be protected by a whistleblower law for criticizing a supervisor's handling of a 911 call, clearing the way for his lawsuit to move forward.
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August 14, 2025
Boston Firm Says Personal Injury Rival Stole 'Secret Sauce'
A Boston personal injury firm that pioneered the use of television ads in legal marketing in the 1980s is seeking $11 million from a newer Massachusetts competitor that allegedly copied and repeatedly used its "secret sauce" digital operating playbook and other materials.
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August 14, 2025
Ga. Court Secretary's Pregnancy Bias Suit Gets Dismissed
A Georgia federal judge has dismissed a former secretary's pregnancy discrimination suit against a county and the chief judge of its juvenile court, adopting a magistrate judge's recommendation that found the secretary didn't prove that her pregnancy led to her being fired.
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August 14, 2025
NJ Gov. Wants Focus On Immunity In Ex-Elections Chief's Suit
New Jersey Gov. Phil Murphy is urging a Garden State trial court judge to split up discovery in a lawsuit claiming he conspired with top staffers to oust the state's former elections chief, arguing the court first needs to focus on his qualified immunity defense.
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August 14, 2025
ESPN Vaccine Mandate Violated Religious Law, Worker Claims
A South Carolina-based remote ESPN video operator says the sports network, its corporate parent Walt Disney and their executives fired him for refusing a third COVID-19 vaccine dose, resurrecting "state actor" allegations similar to claims in a separate, since-withdrawn lawsuit by the same attorneys in 2023.
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August 14, 2025
Maryland Budtenders Win Class Cert. In Curaleaf Tip Suit
Budtenders who work for Curaleaf Inc.'s Maryland dispensaries scored conditional class certification in their lawsuit accusing the company of taking their tips and paying them to managers in violation of the Fair Labor Standards Act.
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August 14, 2025
Staffing Co. Says Ex-Partner Stole Tech For Rival Product
A company that connects staffing agencies to temporary workers in real time has accused a onetime business partner of stealing trade secrets to build a competing platform, alleging in a complaint in Seattle federal court that the defendant has filed patents that falsely claim ownership of the technology.
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August 13, 2025
Trump Axes Biden Competition Order And Eases Rocket Regs
President Donald Trump on Wednesday evening revoked an expansive Biden-era executive order that aimed to boost competition across the U.S. economy, lower prices for consumers and increase pay for workers, while issuing his own order to ease regulations on the commercial space industry to boost American rocket launches.
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August 13, 2025
Food Hall's New Owner Can't Ditch EEOC Suit, Va. Judge Says
A Virginia federal judge has sided with the U.S. Equal Employment Opportunity Commission in finding that the new owner of a food hall located in a suburb outside of Washington, D.C., has successor liability in a former employee's discrimination suit alleging a manager used racial slurs.
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August 13, 2025
Raytheon Settles Demotion Suit Over Disability Leave
Raytheon Technologies Corp. and a former employee reached a settlement Wednesday in a suit where the worker said he was demoted for taking time off to treat his recurring migraines and for speaking up about the mistreatment of his team members, according to a notice filed by the defense contractor in Colorado federal court.
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August 13, 2025
Trump Admin Bid To Kill SSA Data Suit Ruled Premature
The Trump administration can't fight an injunction in Maryland federal court and the Fourth Circuit simultaneously, a Maryland federal judge said Wednesday, tabling the administration's dismissal bid while the Fourth Circuit considers whether to lift a ban on the Department of Government Efficiency accessing unredacted Social Security data.
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August 13, 2025
8th Circ. Revives Ark. Ban On Youth Gender-Affirming Care
A split Eighth Circuit en banc panel revived an Arkansas state law banning gender-affirming care for minors, finding that a district court erred in blocking the law because it does not discriminate based on sex but instead classifies based only on age and medical procedure.
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August 13, 2025
USDA Union Challenges Trump's Order On Bargaining Rights
A union representing U.S. Department of Agriculture plant inspectors became the latest group to challenge President Donald Trump's executive order that the union says guts collective bargaining rights for federal employees based on a national security exemption, arguing Wednesday in D.C. federal court that these workers do not have ties to national security.
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August 13, 2025
DC Circ. Greenlights Trump's Freeze On Foreign Aid
A divided D.C. Circuit on Wednesday lifted an injunction requiring the Trump administration to release funding for foreign aid work done before Feb. 13, with a dissenting judge saying the decision lets the administration sidestep judicial review of unconstitutional actions.
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August 13, 2025
9th Circ. Won't Review $23M GEO Detainee Pay Ruling
A deeply divided Ninth Circuit on Wednesday denied private detention operator GEO Group's request to review the appellate court's decision upholding $23 million in judgments against the company over its failure to pay detainees minimum wage for work behind bars.
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August 13, 2025
11th Circ. Revives ILA Members' Nepotism Suit Against Union
The Eleventh Circuit revived a duty of fair representation suit from members of an International Longshoremen's Association affiliate Wednesday, finding those members plausibly alleged that the local engaged in nepotism by giving hiring priority to union leaders' family and friends.
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August 13, 2025
Pa. Judge Ends Employers' Expanded Birth Control Exemptions
A Pennsylvania federal judge on Wednesday struck down rules set by the first Trump administration enabling employers to refuse coverage of employees' contraceptives on moral and religious grounds, holding that the government failed to provide a good reason for the broadening of exemptions.
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August 13, 2025
UFC Fights Sanctions Bid, Cites Massive Document Dump
Ultimate Fighting Championship's parent companies told a Nevada federal court Tuesday that they have already filed nearly 4 million pages to comply with discovery deadlines in a wage dispute with fighters, arguing that the fighters' July request for sanctions, including default judgment, is unwarranted.
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August 13, 2025
9th Circ. Won't Revive JB Hunt Drivers' Pay Plan Challenge
J.B. Hunt can keep its win in a proposed class action that accused it of failing to pay its California drivers for all hours worked, the Ninth Circuit ruled, upholding a lower court's judgment that the company's wage scheme complies with state labor law.
Expert Analysis
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Texas Med Spas Must Prepare For 2 New State Laws
Two new laws in Texas — regulating elective intravenous therapy and reforming healthcare noncompetes — mark a pivotal shift in the regulatory framework for medical spas in the state, which must proactively adapt their operations and contractual practices, says Brad Cook at Munsch Hardt.
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Challenges Law Firms Face In Recruiting Competitor Teams
Since the movement of lawyer teams from a competitor can bring legal considerations and commercial risks into play, both the target and recruiting firms should be familiar with the relevant limited liability partnership deed to protect their business, say lawyers at Fox & Partners.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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Forced Labor Bans Hold Steady Amid Shifts In Global Trade
As businesses try to navigate shifting regulatory trends affecting human rights and sustainability, forced labor import bans present a zone of relative stability, notwithstanding outstanding questions about the future of enforcement, say attorneys at Simpson Thacher.
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Grappling With Workforce-Related Immigration Enforcement
To withstand the tightening of workforce-related immigration rules and the enforcement uptick we are seeing in the U.S. and elsewhere, companies must strike a balance between responding quickly to regulatory changes, and developing proactive strategies that minimize risk, say attorneys at Fragomen.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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How Courts Are Addressing The Use Of AI In Discovery
In recent months, several courts have issued opinions on handling discovery issues involving artificial intelligence, which collectively offer useful insights on integrating AI into discovery and protecting work product in connection with AI prompts and outputs, says Philip Favro at Favro Law.
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Trans Bias Suits Will Persist Despite EEOC's Shifting Priorities
In U.S. Equal Employment Opportunity Commission v. Sis-Bro, an Illinois federal court let a transgender worker intervene in a bias suit that the EEOC moved to dismiss, signaling that the agency's pending gender identity-related actions will carry on even as its priorities shift to align with the new administration, say attorneys at Venable.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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Reverse Bias Rulings Offer Warning About DEI Quotas
Several recent holdings confirm that targeted or quota-based diversity programs can substantiate reverse discrimination claims, especially when coupled with an adverse action, so employers should exercise caution before implementing such policies in order to mitigate litigation risk, says Noah Bunzl at Tarter Krinsky.
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4 In-Flux Employment Law Issues Banks Should Note
Attorneys at Ogletree provide a midyear update on employment law changes that could significantly affect banks and other financial service institutions — including federal diversity equity and inclusion updates, and new and developing state and local artificial intelligence laws.
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New DOJ Penalty Policy Could Spell Trouble For Cos.
In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.
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Mulling Worker Reclassification In Light Of No Tax On OT
The One Big Beautiful Bill Act's no-tax-on-overtime provisions provide tax relief for employees who regularly work overtime and are nonexempt from the Fair Labor Standards Act, but reclassifying employees may lead to higher compliance costs and increased wage and hour litigation for employers, says Steve Bronars at Edgeworth Economics.
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7 Ways Employers Can Avoid Labor Friction Over AI
As artificial intelligence use in the workplace emerges as a key labor relations topic in the U.S. and Europe, employers looking to reduce reputational risk and prevent costly disputes should consider proactive strategies to engage with unions, say attorneys at Baker McKenzie.
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Series
Playing Baseball Makes Me A Better Lawyer
Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.