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Employment
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April 25, 2025
X Can't Nix Unjust Discharge Claim In $20M Severance Suit
Twitter's former chief marketing officer will keep her claim accusing X, Elon Musk and others of unlawfully firing her after suggesting that Musk meet with an employee who didn't agree to let President Donald Trump back on the platform, a California federal judge said.
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April 25, 2025
5 Issues Benefits Attys Want The Gov't To Shed Light On
The first three months of President Donald Trump's administration have left lawyers who represent employers and benefit plans hungry for clarity on issues like cryptocurrency as a 401(k) investment and coverage for gender-affirming care. Here, Law360 looks at five areas where attorneys are hoping for guidance or regulations.
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April 25, 2025
Health Insurance Cos. Deny Agents OT Pay, Suit Says
A group of health insurance companies failed to pay agents at a time-and-a-half rate for their hours worked over 40 per week and improperly calculated workers' pay rates, according to a proposed collective action filed in Florida federal court.
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April 25, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen pub operator Stonegate sue insurance broker Marsh, a human rights lawyer sued for defamation by Russian businessman Ovik Mkrtchyan, and British toy-maker The Character Group reignite an employment dispute with a former finance director. Here, Law360 looks at these and other new claims in the U.K.
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April 24, 2025
Circuit-By-Circuit Guide As Justices Confront Class Cert. Split
The U.S. Supreme Court is set for climactic arguments over class certification standards that have cleaved circuits from coast to coast for much of the past two decades, teeing up a make-or-break ruling for many class actions and a transformative event for legal practice in the swelling litigation realm.
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April 24, 2025
Skadden Meddled With Internal Trump Deal Talk, NLRB Told
A worker rights group has filed an unfair labor practice charge against Skadden Arps Slate Meagher & Flom LLP with the National Labor Relations Board, claiming that the firm restricted access to email distribution lists to "suppress employee discussions" about Skadden's deal with the Trump administration.
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April 24, 2025
1st Circ. Revives Honeywell Ex-Manager's Bias Suit
The First Circuit on Thursday revived a former Honeywell Aerospace manager's employment discrimination claims against the aircraft manufacturer, ruling in a published opinion that a federal court in Puerto Rico erroneously tossed the former employee's case for being untimely.
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April 24, 2025
Imaging Nurses Can Join Nurses Union At Minn. Hospital
Three nurses who work in a Minnesota hospital's cardiovascular imaging department can vote on joining the union that represents the hospital's other 1,300 nurses, a National Labor Relations Board official has ruled, setting an election for later this month.
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April 24, 2025
Starbucks Sued Over Human Rights Abuses On Coffee Farms
The supply chain for Starbucks' Brazilian coffee is rife with slavery-like conditions and child labor, coffee plantation workers have said in a lawsuit, alleging they were forced to work for suppliers of the global coffee chain under "debt bondage" and threats of violence.
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April 24, 2025
Ex-OneTaste Execs Ask Justices To Nix 'Stolen' Docs
Former OneTaste executives facing forced-labor conspiracy charges asked the U.S. Supreme Court on Thursday to bar allegedly stolen and attorney-client privileged documents from being used at a May trial, saying corporate legal communications are broadly at risk.
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April 24, 2025
Ex-Curaleaf Director Escapes Suit Over Info Sharing, For Now
A Colorado federal judge dismissed, for now, allegations that the former operations director of Curaleaf Inc. violated a confidentiality agreement and shared information with a onetime business partner, ruling Thursday the court lacked jurisdiction since the defendant didn't live in the state, rarely traveled to the state and worked remotely.
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April 24, 2025
Mich. Judge Won't Halt Atty's State Cases For Retaliation Suit
An attorney pursuing a sexual harassment suit against her former boss and mentor should ask the Michigan state court to stay allegedly retaliatory actions pending there, a Michigan federal judge has ruled, denying the lawyer's request to step in under the All Writs Act to pause the related actions.
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April 24, 2025
Former NLRB Member And Veteran Atty Emanuel Dies
William Emanuel, a former National Labor Relations Board member and veteran management-side labor attorney, has died, a friend and management bar colleague told Law360.
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April 24, 2025
Ex-Guard Claims Security Co. Cheated Her On Pay, Insurance
A security company failed to pay a former security guard wages while also making illegal deductions from her pay, including for bogus health insurance coverage, and fired her once she complained, the former employee said in a lawsuit in California state court.
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April 24, 2025
Judge's Order For More Changes Puts NCAA Deal In Jeopardy
The California federal judge overseeing the $2.78 billion settlement between the NCAA and college athletes seeking compensation remained unsatisfied with the NCAA's insistence on roster limits she considers unfair to class members, so much so that she gave the sides two weeks to resolve the issue or risk having the settlement tossed and sent back to litigation.
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April 24, 2025
Pa. Justices To Say If Wage Law Permits Suits Over Late Pay
The Pennsylvania Supreme Court will determine if employees can sue for withheld wages and the liquidated damages state law allows if their employer misses payday but catches up more than a month later, the court announced Wednesday.
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April 24, 2025
7th Circ. Backs Employers In Pension Fund Withdrawal Fight
The Seventh Circuit upheld Thursday a trial court's ruling that two employers aren't required to pay a higher rate calculating how much it would cost to jump ship from a failing pension plan, knocking down arguments from the pension fund that an exception to the rate limit applied.
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April 24, 2025
Administration Defends Right To Fire FTC Commissioners
The Trump administration has responded to a lawsuit challenging the recent firing of two Federal Trade Commission members, telling a D.C. federal court the president was exercising his constitutional authority to remove officials that help carry out his duties.
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April 24, 2025
Jushi Hit With Age Bias Suit By Ex-Pa. Facility Controller
Pot giant Jushi was sued Thursday by a former controller at its Scranton, Pennsylvania, facility who claims a younger, male controller was hired ahead of her being terminated without a performance review.
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April 24, 2025
SpaceX, NLRB Ask 5th Circ. To Pause Constitutionality Case
SpaceX and the National Labor Relations Board asked the Fifth Circuit to pause one of the rocket-maker's constitutional challenges to the board's structure, saying the board is investigating whether SpaceX is an air carrier whose labor-management relations are overseen by the National Mediation Board rather than the NLRB.
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April 24, 2025
6th Circ. Says Hairstylists Must Arbitrate Pay Claims
Hairstylists must arbitrate their claims that a barbershop chain misclassified them as independent contractors and denied them wages, a Sixth Circuit panel ruled, saying a federal court correctly enforced arbitration after severing its cost-shifting provision.
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April 24, 2025
Trump Asks Justices To Lift Pause On Transgender Troop Ban
The Trump administration urged the U.S. Supreme Court on Thursday to lift a Washington federal judge's order prohibiting enforcement of the Pentagon's ban on transgender military service, arguing that the ruling contradicts two emergency docket orders issued during President Donald Trump's first term.
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April 24, 2025
Honda Fights Class Cert. In Kronos Hack Wages Suit
Honda Development & Manufacturing of America LLC has pushed back on a certification bid from a proposed class seeking unpaid overtime wages in Ohio federal court, arguing in part that the named plaintiff's claims are moot.
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April 24, 2025
Jackson Lewis Adds Associate GC For Chewy In Miami
A former associate general counsel at pet company Chewy returned to her private practice roots as a principal at employment law firm Jackson Lewis PC in Miami.
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April 24, 2025
Calif. Panel Says Insurance Adjuster's PAGA Suit Is Too Late
A former adjuster for an insurance claims management company was too late in filing his Private Attorneys General Act suit seeking penalties for unpaid overtime on behalf of other workers, a California appellate panel ruled, upholding a lower court.
Expert Analysis
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Virginia AI Bills Could Serve As Nationwide Model
If signed into law, two Virginia bills focused on regulating the use of high-risk AI systems in the private and public sectors have the potential to influence similar legislation in other states, as well as the compliance strategies of companies operating in the commonwealth and across the U.S., say attorneys at Woods Rogers.
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In-House Counsel Pointers For Preserving Atty-Client Privilege
Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.
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What Banks Need To Know About Trump's Executive Orders
While the numerous executive orders and memos from the last few weeks don't touch on many of the issues the banking industry expected the Trump administration to address, banks still need to pay attention to the flurry of orders from strategic, compliance and operational perspectives, say attorneys at Arnold & Porter.
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Applying ABA Atty Role Guidance To White Collar Matters
The American Bar Association’s recently published guidance, clarifying the duties outside counsel owes to both organizational clients and those organizations' constituents, provides best practices that attorneys representing companies in white collar and other investigative matters should heed, say attorneys at MoFo.
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Tax-Free Ways To Help Employees After The LA Wildfires
Following the recent wildfires in Los Angeles, there are various tax-free ways to give employees the resources and flexibility they need, including simpler methods like disaster relief payments under Internal Revenue Code Section 139 and leave-sharing programs, and others that require more planning, says Ligeia Donis at Baker McKenzie.
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What Trump Admin's Anti-DEI Push Means For FCA Claims
President Donald Trump's recent rescission of a 60-year-old executive order imposing nondiscrimination requirements on certain federal contractors has far-reaching implications, including potential False Claims Act liability for contractors and grant recipients who fail to comply, though it may be a challenge for the government to successfully establish liability, say attorneys at Bass Berry.
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Improving Comms Between Trial Attys And Tech Witnesses
In major litigation involving complex technology, attorneys should employ certain strategies to collaborate with companies' technical personnel more effectively to enhance both the attorney's understanding of the subject matter and the expert's ability to provide effective testimony in court, say attorneys at Buchalter.
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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.