Employment

  • July 03, 2025

    The Moments That Shaped The Universal Injunction Case

    The U.S. Supreme Court voted along ideological lines when it hindered the ability of federal district court judges to issue nationwide pauses on presidential policies, but that outcome didn't seem like a foregone conclusion during oral arguments earlier this year. What do the colloquies suggest about the justices' thinking? Here are some moments that may have swayed them.

  • July 03, 2025

    McCarter & English, Atty Debate Vets' Rights Law In Bias Case

    McCarter & English LLP argued a veterans' rights law does not apply in a former attorney's anti-veteran discrimination suit against the firm, while the attorney fought to preserve his claims relating to the law, according to briefs they filed in New Jersey state court Thursday.

  • July 03, 2025

    Ex-NJ Judge's Conduct Raises Security Concerns, State Says

    New Jersey is seeking a protective order to halt an ex-workers' compensation judge's "harassing" inquiries in her suit over her removal, telling a state court that her conduct over the past month raises serious concerns about the security of the individuals she is targeting.

  • July 03, 2025

    DOL Looks To Rescind Rule Ending Subminimum Wage

    The U.S. Department of Labor is backtracking on a proposed rule that would have ended a program allowing employers to pay workers with disabilities below the federal minimum wage, saying ending the program could result in a lack of employment opportunities for disabled individuals.

  • July 03, 2025

    Illinois Cases To Watch In 2025: Midyear Report

    The impact of regulatory permits on insurance policy pollution exclusions, the debate over ditching two-step collective certifications and further interpretation of Illinois' biometric privacy law are at the heart of some of the state's biggest cases to watch through the end of the year.

  • July 03, 2025

    Free-Speech Suit Will Be Early Trial Court Test Of Trump Admin

    A Massachusetts federal judge will begin hearing testimony Monday in a challenge by academic organizations to the Trump administration's visa revocations and removals of noncitizen faculty and students who have expressed pro-Palestinian views, in one of the first trials over the president's second-term policies.

  • July 03, 2025

    What To Watch In Mass. Courts In The Second Half Of 2025

    Massachusetts courts should be busy through the second half of 2025, with litigation against the Trump administration playing a starring role at both the state and federal level. Here are some of the key cases and issues that attorneys are monitoring.

  • July 03, 2025

    7th Circ. Backs Firing Of Counselor Over Anti-Trans Speech

    The Seventh Circuit upheld the Milwaukee public school district's win over a former counselor's suit claiming she was unlawfully fired for speaking at an anti-trans rally, saying the district reasonably concluded that her expletive-laden public remarks didn't mesh with her professional responsibilities.

  • July 03, 2025

    The Firms That Won Big At The Supreme Court

    The number of law firms juggling three or more arguments before the U.S. Supreme Court this past term nearly doubled from the number of firms that could make that claim last term.

  • July 03, 2025

    Breaking Down The Vote: The High Court Term In Review

    The U.S. Supreme Court once again waited until the term's closing weeks — and even hours — to issue some of its most anticipated and divided decisions.

  • July 03, 2025

    Call Center Co. Wants Out Of Misclassification Suit

    A suit by workers accusing a call center company of incorrectly classifying them as independent contractors and then firing them when they complained must be thrown out, the company told a Florida federal court, saying the complaint is a "textbook impermissible shotgun pleading."

  • July 03, 2025

    Justices Clarify Question Underlying Withdrawal Liability Case

    The U.S. Supreme Court clarified the question presented in a case it recently agreed to take up over the methodology for calculating businesses' liability for pulling out of multiemployer pension plans.

  • July 03, 2025

    Supreme Court Takes Up Transgender Sports Bans

    The U.S. Supreme Court agreed Thursday to hear challenges to West Virginia and Idaho laws barring transgender athletes from competing on sports teams consistent with their gender identity, putting yet more anti-trans legislation to the test after upholding Tennessee's ban on gender-affirming care for minors this term. 

  • July 02, 2025

    Amid DEI Uncertainty, Cos. Face Pressure From All Sides

    Attorneys have been analyzing the Trump administration's many pronouncements against diversity, equity and inclusion programs over the past several months, only to be left with questions as to what exactly "illegal DEI" is and what the government will do to police it.

  • July 02, 2025

    NCAA, NASCAR Antitrust Challenges Permeate 2025's 1st Half

    The first half of 2025 saw the dispute between NASCAR and two of its teams become supercharged and a judge give final approval to the disputed settlement for the NCAA name, image and likeness antitrust litigation.

  • July 02, 2025

    9th Circ. Upholds Sutter Health's Win In Doc's Kickback Suit

    The Ninth Circuit refused to revive a gastroenterologist's constitutional challenge against Sutter Health alleging the nonprofit paid kickbacks to its physicians to refer low-income patients to other hospitals, ruling Wednesday the appellant lacks evidence of purported kickbacks and doesn't address how the alleged injury to those patients harmed him. 

  • July 02, 2025

    Trump Asks Justices To Pause CPSC Members' Reinstatement

    The Trump administration asked the U.S. Supreme Court Wednesday to stay a Maryland federal court's ruling that the president's removal of three U.S. Consumer Product Safety Commission members was unlawful, while the commissioners argue they should be allowed to continue serving through the government's appeal.

  • July 02, 2025

    Teamsters Say Kroger Must Arbitrate Health Insurance Dispute

    A Teamsters local sought to nix Kroger's attempt to dismiss allegations that the grocery giant won't arbitrate a grievance about health insurance coverage for a worker's family members, telling a Kansas federal judge the company can't raise claims about arbitrability at this point in the proceeding.

  • July 02, 2025

    Energy Firm Says Tribal Nonprofit Trade Secret Suit Too Vague

    An energy infrastructure consulting firm called on an Oregon federal judge to throw out a Native American nonprofit's lawsuit alleging the firm's founder and tribal liaison misappropriated its trade secrets, saying the nonprofit has failed to identify the trade secrets with any particularity.

  • July 02, 2025

    11th Circ. Won't Revive Disney Workers' COVID Vax Bias Suit

    The Eleventh Circuit refused to revive a discrimination suit by former Disney employees over the company's COVID-19 vaccine mandate and augmented protocols requiring unvaccinated workers to socially distance and wear masks, ruling Wednesday the appellants never made religious objections to those protocols and never sought religious-based accommodations. 

  • July 02, 2025

    EEOC Can Press ADA Claim In Disabled Nurse's Transfer Case

    A Michigan hospital must face the U.S. Equal Employment Opportunity Commission's claim that it violated federal disability law by not transferring a nurse who suffers from a metabolic disorder to a less-demanding role, a federal judge ruled Wednesday.

  • July 02, 2025

    Ex-Director Claims Seminary Made False Diversity Promises

    A Pittsburgh Presbyterian seminary promised to fight discrimination and promote diversity, but the promise was hollow, according to a former interim director who claims her bosses ignored her complaints about discrimination and responded to litigation by insisting the seminary fell under a "ministerial exemption" to antidiscrimination laws.

  • July 02, 2025

    Unions Say Halt Of Parole Is Spreading Chaos In Workplaces

    A coalition of labor unions has told the First Circuit that the abrupt termination of Biden-era humanitarian parole programs is generating "chaos in American workplaces," as workers lose their work authorization and employers are left in the lurch.

  • July 02, 2025

    Ex-Worker Says Sto Corp. Fired Him After Hospitalization

    A former Georgia worker for construction materials manufacturer Sto Corp. accused the company in a Tuesday disability discrimination lawsuit of showing him the door after he was hospitalized with a heart condition.

  • July 02, 2025

    Judge Sanctions Building Makers Over Withheld Evidence

    A Tennessee federal judge has sanctioned a group of building manufacturing employees and ordered them to pay their former employers' attorney fees, finding they'd intentionally withheld and spoiled evidence during discovery.

Expert Analysis

  • In-House Expert Testimony Is Tricky, But Worth Considering

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    Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.

  • Issues To Watch At ABA's Antitrust Spring Meeting

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    Attorneys at Freshfields consider the future of antitrust law and competition enforcement amid agency leadership changes and other emerging developments likely to dominate discussion at the American Bar Association's Antitrust Spring Meeting this week.

  • Tracking Changes To AI Evidence Under Federal Rules

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    As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.

  • Navigating The Use Of AI Tools In Workplace Investigations

    Excerpt from Practical Guidance
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    Artificial intelligence tools can be used in workplace investigations to analyze evidence and conduct interviews, among other things, but employers should be aware of the legal and practical risks, including data privacy concerns and the potential for violating antidiscrimination laws, say attorneys at Fisher Phillips.

  • Law Firm Executive Orders Create A Legal Ethics Minefield

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    Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.

  • NLRB Firing May Need Justices' Input On Removal Power

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    President Donald Trump's unprecedented removal of National Labor Relations Board member Gwynne Wilcox spurred a lawsuit that is sure to be closely watched, as it may cause the U.S. Supreme Court to reexamine a 1935 precedent that has limited the president's removal powers, say attorneys at Kelley Drye.

  • Trade Policy Shifts Raise Hurdles For Gov't And Cos. Alike

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    The persistent tension between the Trump administration's fast-moving and aggressive trade policies and the compliance-heavy nature of the trade industry creates implementation challenges for both the business community and the government, says Sara Schoenfeld at Kamerman.

  • Firms Must Embrace Alternative Billing Models Or Fall Behind

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    As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.

  • How Attorneys Can Master The Art Of On-Camera Presence

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    As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.

  • Series

    Baseball Fantasy Camp Makes Me A Better Lawyer

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    With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.

  • DOJ Immigration Playbook May Take Cues From A 2017 Case

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    A record criminal resolution with a tree trimming company accused of knowingly employing unauthorized workers in 2017 may provide clues as to how the U.S. Department of Justice’s immigration crackdown will touch American companies, which should prepare now for potential enforcement actions, says Jonathan Porter at Husch Blackwell.

  • Series

    Adapting To Private Practice: From Fed. Prosecutor To BigLaw

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    Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.

  • How Justices Rule On Straight Bias May Shift Worker Suits

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    Following oral argument at the U.S. Supreme Court in Ames v. Ohio Department of Youth Services, in which a heterosexual woman sued her employer for sexual orientation discrimination, the forthcoming decision may create a perfect storm for employers amid recent attacks on diversity, equity and inclusion, say attorneys at Proskauer.

  • Rebuttal

    6 Reasons Why Arbitration Offers Equitable Resolutions

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    Contrary to a recent Law360 guest article, arbitration provides numerous benefits to employees, consumers and businesses alike, ensuring fair and efficient dispute resolution without the excessive fees, costs and delays associated with traditional litigation, say attorneys at Proskauer.

  • PG&E Win Boosts Employers' Defamation Defense

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    A California appeals court's recent Hearn v. PG&E ruling, reversing a $2 million verdict against PG&E related to an ex-employee’s retaliation claims, provides employers with a stronger defense against defamation claims tied to termination, but also highlights the need for fairness and diligence in internal investigations and communications, say attorneys at Kaufman Dolowich.

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