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Employment
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February 03, 2026
XAI Fights Uphill To Keep Alive OpenAI IP Theft Suit
Elon Musk's xAI urged a California federal judge Tuesday to change her tentative decision to toss its suit accusing OpenAI of poaching its workers to steal trade secrets, arguing that when considered together, the "whole gestalt" of xAI's allegations against individual employees is enough to state viable claims against OpenAI.
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February 03, 2026
Trump Admin Can't Gut CFPB Off The Books, DC Circ. Told
The Consumer Financial Protection Bureau's employee union has urged the full D.C. Circuit to uphold a lower court order blocking sweeping cuts at the agency, arguing the Trump administration's legal theory for lifting the order would allow officials to dismantle an agency so long as they don't "put it in writing."
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February 03, 2026
2nd Circ. Upholds NLRB Subpoena Enforcement Order
A New York City businessman must turn over documents relevant to his companies' liability for years of back pay to a fired bus company tour guide after the Second Circuit on Tuesday upheld an order to comply with National Labor Relations Board subpoenas.
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February 03, 2026
House Dems Press Bessent About IRS Retirement Pay Delays
Democrats on the House Ways and Means Committee demanded answers Tuesday about substantial delays in processing retirement applications for Internal Revenue Service employees who participated in the government's deferred resignation program.
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February 03, 2026
Medical Transport Co. Misclassified Drivers, Suit Says
A company that transports radioactive medical materials misclassified drivers as independent contractors, leading to minimum wage and overtime violations, according to a proposed class and collective action filed in Florida federal court.
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February 03, 2026
Pharma Co. Stole Secrets For LSD Medical Trials, Suit Says
A clinical trial services company is suing Definium Therapeutics Inc. in Delaware federal court, alleging that it stole trade secrets during Phase 2 trials of LSD treatments for psychiatric disorders, then passed those secrets on to a rival services company for Phase 3 trials.
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February 03, 2026
Jim Henson Co. Accused Of Costing Exec A 'Pinocchio' Oscar
A Jim Henson Co. former employee filed a $7.5 million suit in California state court alleging the entertainment giant wrongfully diminished his executive producer credit and deprived him of an Oscar at the Academy Awards in connection with Guillermo Del Toro's "Pinocchio," despite his significant contributions to the film's "undeniable success."
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February 03, 2026
ESPN Wants Worker's COVID Vaccine Bias Lawsuit Dismissed
ESPN has asked a judge to dismiss a former remote video operator's religious bias lawsuit stemming from a COVID-19 booster vaccine mandate, saying the onetime worker exaggerated its corporate parent's links to the government when accusing the company of being an arm of the state.
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February 03, 2026
Baker McKenzie Describes Client Fallout After Assault Claims
Several clients asked the leader of Baker McKenzie's Washington, D.C., office to stop handling work for them after he was accused of sexual assault, according to a new filing in a defamation case against the former firm associate who made the allegations.
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February 03, 2026
Clorox Settles Male Worker's Gender Bias Suit On Eve Of Trial
Clorox has settled a gender discrimination suit from a former employee who claimed he was fired because the company wanted more women managers, right before the case was set to go to trial and just under a year after it was revived by the Ninth Circuit.
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February 03, 2026
5th Circ. Enforces NLRB Order Against NYC Janitorial Co.
A Fifth Circuit panel has enforced a National Labor Relations Board order requiring a New York City janitorial contractor to rehire a longtime cleaner, saying the board reasonably linked the cleaner's 2020 firing to a series of complaints she'd recently lodged about work conditions.
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February 03, 2026
Colo. Music Venue Failed To Pay Full Wages, Ex-Worker Says
A live music venue in Denver failed to pay workers for all hours worked, misclassified them as independent contractors and retaliated against a worker for complaining about unpaid wages, according to a potential class and collective action complaint filed in Colorado federal court.
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February 03, 2026
Ill. Judge OKs $3.3M Deal In Mariano's Managers' OT Suit
An Illinois federal judge has approved a $3.3 million settlement resolving a lawsuit by current and former supermarket meat, bakery and deli managers who alleged Kroger subsidiary Mariano's falsely claimed they were exempt from overtime pay.
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February 03, 2026
NYC Delivery Laws Will Stay In Place During Instacart Appeal
Instacart won't be able to block New York City's laws for app-based delivery workers instituting a new minimum wage, tipping options and disclosure requirements while it challenges a federal court's order, a New York federal judge ruled.
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February 03, 2026
Del. High Court Revives Noncompete Over Forfeited Equity
The Delaware Supreme Court on Tuesday revived a fire and life-safety services company's bid to enforce postemployment restrictive covenants against a former executive, rejecting a lower court's conclusion that those covenants became unenforceable once the executive forfeited his incentive equity after being fired for cause.
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February 02, 2026
Calif. Justices Revive 'Unreadable' Arbitration Agreement Suit
In a 6-1 decision, the California Supreme Court clarified on Monday that courts must "closely scrutinize the terms of difficult-to-read contracts for unfairness or one-sidedness," but the "illegibility" — font size, placement, prominence, etc. — of agreements do not themselves indicate that it is unconscionable.
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February 02, 2026
Wheeling & Appealing: The Latest Must-Know Appellate Action
What happened to a GOP donor's $250,000 Swiss watch? Can cigarette warnings show jarring medical images? Will a circuit split of "far-reaching importance" for arbitration get even wider? That's a taste of the oral argument menu we'll help you digest in this preview of February's top appellate action.
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February 02, 2026
5th Circ. Panel Blushes At Starbucks Worker's Snapchat Notes
A Fifth Circuit panel pressed the National Labor Relations Board to explain why Starbucks lacks the ability to fire a union organizer who used excessively colorful language in private messages to co-workers, saying Monday the language used would "make any of us blush."
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February 02, 2026
Staffing Agencies Beat Ill. Workers' BIPA Revival Bid
An Illinois Third District Appellate Court panel has refused to reverse two staffing agencies' pre-trial win over manufacturing workers' claim that the agencies illegally collected their time-clock fingerprint data, saying simply helping another entity obtain such data cannot trigger liability under a statutory provision requiring informed consent to collect it.
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February 02, 2026
Bikini Barista Boss Says Wash. AG Defamed Him In Wage Suit
The owner of Seattle-area Paradise Espresso stands slammed the Washington State Office of the Attorney General on Monday for filing a wage theft and employment discrimination lawsuit "containing known falsehoods" and disparaging his bikini barista business in a related press release.
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February 02, 2026
Custodians Tell NJ Justices COVID Law Doesn't Preempt CBA
School custodians urged the New Jersey Supreme Court on Monday to reinstate an award of extra money for their in-person work during the pandemic, arguing an arbitrator had a reasonably plausible interpretation of a state statute when he determined it didn't preempt the custodians' collective bargaining agreement.
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February 02, 2026
Swedish Health Nears Deal In Hospital Workers Wage Row
Seattle-area hospital system Swedish Health Services and the workers who were seeking about $126 million from it told a Washington state court that they agreed to settle a suit claiming meal break violations and rounding practices that led to unpaid wages.
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February 02, 2026
Curaleaf Can't Ditch All Ill. Whistleblower Act Claims
An Illinois magistrate judge on Monday mostly denied a bid from Curaleaf Inc. to throw out a former regional director's Illinois Whistleblower Act claims, saying the complaint is sufficient to allege that he was retaliated against for reporting compliance violations to the state government.
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February 02, 2026
Worker Claims Univ. Of Colorado Health Underpaid Wages
University of Colorado Health routinely shortchanged its hourly employees of wages under the healthcare system's rounding policy, a former UC Health worker alleged in a proposed collective and class action in Colorado federal court.
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February 02, 2026
Honeywell Faces Bid For Fee Advancement In Russia Case
The Delaware Chancery Court on Monday heard a sharply contested argument over whether a former Honeywell executive is entitled to advancement of legal fees tied to Russian insolvency and customs proceedings, as well as "fees on fees," in a dispute that turned less on the underlying foreign matters than the mechanics of Delaware advancement 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.