Employment

  • September 17, 2025

    J&J Whistleblowers Defend $1.6B False Claims Act Win

    Whistleblowers filed a brief Wednesday in the Third Circuit in a closely watched False Claims Act appeal involving a $1.6 billion judgment against Johnson & Johnson unit Janssen as well as the constitutionality of the FCA's "qui tam" whistleblower provisions, arguing that the act's lawfulness has been settled by its "unbroken 162-year history."

  • September 17, 2025

    Ex-Applicant Sues Walmart, Alleging Consumer Report Misstep

    Big box retailer Walmart faces a proposed class action alleging it violated the Fair Credit Reporting Act by running a background check, then rescinding a job offer to an applicant who'd disclosed her criminal record before starting the application process.

  • September 17, 2025

    NCR Pushes For Full 11th Circ. Review In Pension Payout Spat

    Software company NCR Corp. asked the full Eleventh Circuit on Tuesday to examine a pension payout fight with former executives in the wake of a three-judge panel's ruling last month that the company can't issue lump-sum payments to plan participants as alternatives to promised life annuities.

  • September 17, 2025

    5th Circ. Says Genesis Not Indemnified In Platform Injury Suit

    The Fifth Circuit on Tuesday affirmed that Danos LLC is not required to indemnify Genesis Energy in the defense of a suit by a worker who fell during an oil platform repair, finding the contract between the companies is not covered by maritime law.

  • September 17, 2025

    Colo. Judge Certifies U Visa App In GEO Forced Labor Suit

    A Colorado federal judge certified a U visa application for the class representative in a 2014 suit involving forced labor claims against private prison company GEO Group, after he told the court that immigration officials said he could be detained during a check-in this week.

  • September 17, 2025

    9th Circ. Seems Split On School Principal's Free Speech Suit

    A Ninth Circuit panel appeared split on Wednesday over a Washington state public school employee's claims that he was unfairly punished for a political rant on Facebook, with one judge pushing back on his stance that he was speaking privately while also balking at the district's position that the post was disruptive.

  • September 17, 2025

    Judges Pan Chris Cuomo's Arbitrator Bias Claim On Appeal

    A majority of the justices on a New York appellate court panel voiced skepticism of ex-CNN anchor Chris Cuomo's arguments that the arbitrator was biased against him in his $125 million wrongful termination case against the news network.

  • September 17, 2025

    11th Circ. Judge Calls Ga. School Racism Defense 'Ridiculous'

    The Eleventh Circuit appeared unlikely Wednesday to let Georgia school officials escape accusations they violated a settlement requiring their district to hire more Black educators, with one judge slamming as "ridiculous" the notion they could plead ignorance over whether the agreement was binding on them.

  • September 17, 2025

    Ex-Law Student's Bias Suit In Wrong Forum, 4th Circ. Told

    A Black former student at Washington University School of Law shouldn't be able to revive claims that she was suspended from campus and lost her scholarship after complaining about a professor's race bias because she filed the suit in the wrong state, the law school told the Fourth Circuit.

  • September 17, 2025

    Union Settles FCA Suit Over Pandemic Loans for $2M

    The International Brotherhood of Electrical Workers Local 103 will pay just over $2 million in restitution and interest to settle allegations that it improperly obtained a Paycheck Protection Program loan for which it was not eligible, the U.S. Attorney's Office in Boston announced Wednesday.

  • September 17, 2025

    Florida Cemetery Operator Failed To Pay Wages, Suit Says

    The operator of a cemetery and funeral homes compensated a former pre-planning adviser and customer service and sales representative on a commission basis, leading to about $81,000 of unpaid overtime, according to a complaint filed Wednesday in Florida federal court.

  • September 17, 2025

    Boston Mayor Accused Of Firing Staffer To Shield Ally

    The former chief of staff for Boston's police accountability office alleged in a lawsuit launched in state court Wednesday that Mayor Michelle Wu wrongfully fired her last spring to protect a key political ally from accusations of sexual harassment.

  • September 17, 2025

    Ga. City, Ex-Court Admin Seek Quick Wins In Retaliation Case

    A Georgia city and its former municipal court administrator have each asked a federal judge for wins in a whistleblower suit the administrator brought alleging she had been unlawfully fired in retaliation for reporting a city council member's attempt to pressure the court for a favor.

  • September 17, 2025

    3rd Circ. Panel Puzzled By Economics Of NCAA Eligibility

    The introduction of compensation for college athletes may have changed the economic effects of the NCAA's eligibility rules, but a Third Circuit panel wondered Wednesday whether enough analysis on the specific effects had been done to justify suspending one of those rules for a Rutgers University football player.

  • September 17, 2025

    Coaches Ask For Lower Court Redo On 'Sham' NFL Arbitration

    Arguing that a recent Second Circuit ruling supports their position that arbitration overseen by the NFL commissioner cannot be impartial, three former NFL coaches have asked the district court judge who sent part of their proposed racial discrimination class action to arbitration two years ago to again reconsider that decision.

  • September 17, 2025

    Defense Co. Says Worker Fired For Harassment, Not Religion

    Defense contractor L3Harris fired an engineer for his mistreatment of non-Christian colleagues, not because he is a Christian, the company told a Texas federal court as it urged the toss of the former employee's bias suit.

  • September 17, 2025

    Nonprofit Loses TM Injunction Bid Against 'Making PA Better'

    A Pennsylvania federal judge has declined to bar the Pennsylvania Manufacturers' Association from using the phrase "Making PA Better" on its website in a trademark infringement case brought by a nonprofit, saying neither of the parties are engaged in commercial activity.

  • September 17, 2025

    Purdue Can Pay CEO Ch. 11 Bonus After Trimming Comp

    A New York bankruptcy judge Wednesday approved a nearly $3 million incentive program for Purdue Pharma's chief executive after he agreed to reduce his total compensation by $500,000.

  • September 17, 2025

    H-2A Truck Drivers' Wage Suit Heads To Arbitration

    Four seasonal truck drivers did not cross state lines when they transported agricultural products from fields to a cooling facility, and therefore their wage and hour suit belongs in arbitration, a California federal judge ruled.

  • September 17, 2025

    Shipbuilders Ask Justices To Weigh 4th Circ. No-Poach Ruling

    Shipbuilders and designers accused of conspiring to suppress industry wages urged the U.S. Supreme Court to review a Fourth Circuit decision that revived a proposed class action against them, saying the allegedly untimely antitrust claims threaten ruinous damages.

  • September 17, 2025

    NCAA Volunteer Coaches Secure $49M Wage-Fix Settlement

    A California federal court approved a $49 million settlement between the National Collegiate Athletic Association and 1,000 Division I volunteer baseball coaches that resolves an antitrust dispute stemming from a now repealed bylaw that allegedly prevented the coaches from receiving market value wages.

  • September 17, 2025

    Kimberly-Clark Settles Black Worker's Bias, Retaliation Suit

    Consumer goods company Kimberly-Clark has resolved a suit filed by a Black manufacturing employee who said she was denied a promotion and unfairly disciplined for complaining she was being paid less than colleagues, according to a filing in Alabama federal court.

  • September 17, 2025

    4th Circ. Won't Revisit $9M Nurse Misclassification Ruling

    The Fourth Circuit will not reconsider a panel decision keeping in place a $9 million judgment against a medical staffing company the U.S. Department of Labor accused of misclassifying more than 1,000 nurses as independent contractors, the appeals court said.

  • September 16, 2025

    Harborview Nurses In Ga. Score Collective Status In OT Suit

    A pair of nurses who worked at Harborview Health Systems' facility in Rome, Georgia, brought enough evidence to show they and other similarly situated nurses were subjected to pay practices that shorted them on overtime wages to proceed as a collective action, a New York magistrate judge said Tuesday.

  • September 16, 2025

    Military Contractor Tells Justices To Nix Army Vet's Injury Suit

    Fluor Corp. has urged the U.S. Supreme Court to toss a suit seeking to hold the defense contractor liable for a military veteran's injuries sustained in a 2016 suicide bombing in Afghanistan, saying federal law preempts the state-based injury claims.

Expert Analysis

  • How Attys Can Use AI To Surface Narratives In E-Discovery

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    E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.

  • How To Strengthen A Case By Mastering Expert Witness Prep

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    A well-prepared expert witness can bolster a case's credibility with persuasive qualifications, compelling voir dire responses and concise testimony that can withstand cross-examination, says Allison Rocker at Baker McKenzie.

  • Navigating Court Concerns About QR Codes In FLSA Notices

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    As plaintiffs attorneys increasingly seek to include QR codes as a method of notice in Fair Labor Standards Act collective actions, counsel should be prepared to address judicial concerns about their use, including their potential to be duplicative and circumvent court-approved language, say attorneys at Shook Hardy.

  • New FCPA Guidance Creates 5 Compliance Imperatives

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    In light of new Foreign Corrupt Practices Act guidelines that mark a fundamental shift in enforcement priorities, companies should consider several specific steps to ensure compliance, from enhanced due diligence to robust whistleblower protections, says Andrew Wirmani at Reese Marketos.

  • Series

    Playing The Violin Makes Me A Better Lawyer

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    Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.

  • Employer Tips As Deepfakes Reshape Workplace Harassment

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    As the workplace harassment landscape faces the rising threat of fabricated media that hyperrealistically depict employees in sexual or malicious contexts, employers can stay ahead of the curve by tracking new legal obligations, and proactively updating policies, training and response protocols, say attorneys at Littler.

  • Series

    Law School's Missed Lessons: Practicing Self-Care

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    Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard​​​​​​​ at MG+M.

  • NFL Draft Incident Offers Remote Work Data Security Lessons

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    A recent incident in which an NFL coach's son prank called a potential draft pick after accessing confidential information on his father's computer serves as a wake-up call for organizations to analyze their protocols and practices related to protecting confidential information during remote work, say attorneys at Paul Hastings.

  • ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'

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    The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.

  • FMLA Expansion Sees State Progress Despite Federal Barriers

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    Recent legislative efforts to expand the Family and Medical Leave Act reflect workers' growing demand for work-life balance, but as federal proposals continue to face significant hurdles, states have stepped in, creating a labyrinth of leave laws and compliance headaches for multistate employers, say attorneys at FordHarrison.

  • How To Balance AI Adoption With Employee Privacy Risks

    Excerpt from Practical Guidance
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    As artificial intelligence transforms the workplace, organizations must learn to leverage AI's capabilities while safeguarding against employee privacy risks and complying with a complex web of regulations, including by vetting vendors, mitigating employee misuse and establishing a governance framework, say attorneys at Jackson Lewis.

  • Series

    My Opera And Baseball Careers Make Me A Better Lawyer

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    Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.

  • High Court ACA Ruling May Harm Preventative Care

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    The U.S. Supreme Court's decision in Kennedy v. Braidwood last week, ruling that the U.S. Department of Health and Human Services secretary has authority over an Affordable Care Act preventive care task force, risks harming the credibility of the task force and could open the door to politicians dictating clinical recommendations, says Michael Kolber at Manatt.

  • 8 Ways Lawyers Can Protect The Rule Of Law In Their Work

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    Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.

  • New Law May Reshape Fla. Employer Noncompete Strategy

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    With Florida's CHOICE Act taking effect this week, employers should consider the pros and cons of drafting new restrictive covenant agreements with longer noncompete or garden leave periods and enhanced enforcement mechanisms, say attorneys at Vedder Price.

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