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Employment
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August 19, 2025
Energy Co. Gets Overtime Case Pushed Into Arbitration
A North Carolina federal judge pushed into arbitration a quality control worker's overtime suit against a clean energy manufacturing company, ruling that the arbitration agreement the company presented to him while he was a putative member in a related case is valid.
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August 19, 2025
Trump's 'Abnormal' Use Of FCA Could Get Tricky In Court
The Trump administration is wielding the False Claims Act in unusually narrow ways to drive policies on social and cultural issues — including gender-affirming care and diversity, equity and inclusion programs — but the government's potential theories of liability under the federal law remain largely untested and might not hold up in court, experts say.
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August 19, 2025
5th Circ. Says NLRB Structure Likely Unconstitutional
The Fifth Circuit on Tuesday upheld injunctions barring the National Labor Relations Board from prosecuting unfair labor practice cases against SpaceX and two other companies, saying the removal protections that federal labor law gives board members and agency judges likely violate the U.S. Constitution.
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August 18, 2025
HHS Says Layoffs, Reorganization Are Within Its Authority
The Trump administration urged a Rhode Island federal judge to toss claims that massive cuts to the Health and Human Services Department violate the U.S. Constitution and usurp congressional authority, arguing the state plaintiffs don't have the authority to dictate how the executive branch manages its personnel.
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August 18, 2025
WWE Accuser's Atty Wants Doctor's Defamation Suit Paused
The attorney and law firm for a woman accusing World Wrestling Entertainment Inc. of sex trafficking have asked a federal judge to shut down evidence probes in a defamation lawsuit filed by a doctor who allegedly treated the accuser at former CEO Vince McMahon's request.
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August 18, 2025
9th Circ. Splits Over Ore.'s Denial Of Christian Youth Grants
A split Ninth Circuit panel on Monday largely upheld a lower court's refusal to preliminarily block Oregon's requirement that recipients of certain youth grants agree not to discriminate on the basis of religion, though it also said the rule is unconstitutional if it restricts any initiatives that aren't tied to the grants.
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August 18, 2025
Unions Attack Gov't's Bid To Nix Federal Firings Dispute
Four unions representing federal workers challenged the Trump administration's request to end an amended lawsuit fighting the efforts to downsize the federal workforce, telling a D.C. federal judge that the government is trying to send claims to administrative agencies that are nonfunctional.
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August 18, 2025
Respecting Picket Wasn't A Strike, Teamsters Local Tells Court
Airgas' collective bargaining agreement with a Teamsters local in Allentown, Pennsylvania, protects its workers' right to respect picket lines, the local told a Pennsylvania federal judge Monday, asking him to toss the gas supplier's claim that the workers' refusal to cross a picket line was a strike that violated the contract.
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August 18, 2025
Colo. AG Blasts FCC's T-Mobile, Skydance Approvals
Colorado's top law enforcer has said he's unhappy with the way the federal government has ushered through major telecom and media mergers after only locking down concessions on diversity, hiring and news coverage.
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August 18, 2025
Catching Up With Delaware's Chancery Court
Executives and board members of Cencora Corp. tentatively settled a stockholder derivative suit for $111.25 million, VectoIQ board members reached a $6.3 million deal on stockholder claims over electric carmaker Nikola's prospects, and class attorneys who secured a $50 million derivative suit settlement saw their proposed 25% attorney fee cut by almost half. Here's the latest from the Delaware Chancery Court.
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August 18, 2025
Age Act Doesn't Cover UC Residency Bid, 9th Circ. Affirms
The Ninth Circuit on Monday affirmed a district court's decision to grant summary judgment to the Regents of the University of California in an age discrimination suit brought by a medical residency applicant, holding that selecting medical residents is an employment practice not covered by the Age Discrimination Act.
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August 18, 2025
Pa. Court Affirms $7.3M Verdict To Man Hit By SEPTA Train
A split Pennsylvania appeals panel on Monday upheld a $7.3 million jury verdict in a suit accusing a construction company of negligently causing a subcontract worker to get hit by a SEPTA train while working, saying the company can't be considered the man's employer for purposes of workers compensation immunity.
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August 18, 2025
NFI Agrees To $5.75M Deal To End Misclassification Suit
National Freight has agreed to pay $5.75 million to end an almost 10-year-long suit in which a class of truckers claimed they were misclassified as independent contractors, the workers said, urging a New Jersey federal court to greenlight the deal.
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August 18, 2025
NHL's Chicago Blackhawks Sued Over Gay PR Manager's Firing
A public relations manager has sued the NHL's Chicago Blackhawks for discrimination in Illinois federal court, saying he was fired for complaining about criticism he received from his department for doing an interview with a LBGTQ+ media outlet about his experience as a gay man in sports.
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August 18, 2025
Ex-GC Ordered To Destroy Files In Trade Secret Dispute
Storehouse In A Box secured a permanent injunction against its former general counsel and chief operating officer, barring him from using or accessing confidential information the e-commerce company alleges he misappropriated after being put on leave, according to a Monday order.
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August 18, 2025
Life Sciences Data Rivals Settle Trade Secrets Battle
Life sciences data company IQVIA Inc. has settled a suit that alleged data rival Veeva Systems Inc. used "crowdsourcing" to misappropriate trade secrets, the two companies said Monday.
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August 18, 2025
Stone Hilton Takes Aim At Sex Harassment Claim
For the second time this month, Stone Hilton PLLC has asked a federal court to trim a former employee's lawsuit, saying her allegations of sexual harassment and intentional infliction of emotional distress do not rise to the level of "severe or pervasive" or "extreme and outrageous" as the law requires.
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August 18, 2025
AmeriCorps Restores $400M In Slashed Grants, Judge Told
AmeriCorps told a Maryland federal judge Monday that the agency restored around $400 million in funding to nonprofits canceled under the Trump administration in April, saying the government doesn't plan to ax grants before they end.
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August 18, 2025
Goldberg Segalla Adds Employment, Insurance Attys In NYC
Goldberg Segalla LLP announced Monday that it has grown its employment and insurance services in New York with the recent addition of two attorneys who moved their practices from Gordon Rees Scully Mansukhani LLP and Clyde & Co. LLP.
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August 18, 2025
Nurse Snags Collective Cert. In Missed Meal Breaks Suit
A former registered nurse at a North Carolina nursing home can proceed as a collective in her suit claiming that a nursing home operator and the nursing facility cheated her out of missed meal breaks, a federal judge said, limiting, however, the reach of the collective.
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August 18, 2025
NJ Seeks To Toss Ex-Judge's 'Second Bite' In Firing Suit
New Jersey on Friday asked a state court to award it a victory over some claims by a former workers' compensation judge that she was unconstitutionally removed from her job after similar claims in a separate suit of hers were rejected in December.
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August 18, 2025
Illinois Court Reverses Labor Board In Tuition Waiver Dispute
An Illinois appellate panel on Friday reversed a labor board's finding that Governors State University failed to bargain over a change to a policy that allowed its union-backed academic employees to complete some classes at participating universities with tuition and fees waived, saying the decision to discontinue those waivers was made by the other schools.
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August 18, 2025
Accountant Says Property Co. Fired Her During FMLA Leave
A property management company terminated an accountant three days before she was scheduled to return to work following gallbladder surgery, telling her the job was being outsourced when in reality her duties were assigned to other employees, she said in a suit filed in Ohio federal court.
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August 18, 2025
Weil Lands Kirkland Executive Compensation Pro In LA
Weil Gotshal & Manges LLP is expanding its West Coast team, announcing Monday it is bringing in a Kirkland & Ellis LLP executive benefits expert as a partner in its year-old Los Angeles office.
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August 15, 2025
Trump Admin Calls Judge's Inaction An 'Affront' To High Court
The Trump administration said a Massachusetts federal judge who didn't vacate a decision barring certain staffing cuts at the U.S. Department of Education is showing "disregard" to a recent U.S. Supreme Court ruling, calling it an "affront" to the high court's authority.
Expert Analysis
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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In-House Expert Testimony Is Tricky, But Worth Considering
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.
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Issues To Watch At ABA's Antitrust Spring Meeting
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.
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Tracking Changes To AI Evidence Under Federal Rules
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.
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Navigating The Use Of AI Tools In Workplace Investigations
Excerpt from Practical Guidance
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.
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Law Firm Executive Orders Create A Legal Ethics Minefield
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.
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NLRB Firing May Need Justices' Input On Removal Power
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.
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Trade Policy Shifts Raise Hurdles For Gov't And Cos. Alike
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.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
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.
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How Attorneys Can Master The Art Of On-Camera Presence
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.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
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.
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DOJ Immigration Playbook May Take Cues From A 2017 Case
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.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
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.
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How Justices Rule On Straight Bias May Shift Worker Suits
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.
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Rebuttal
6 Reasons Why Arbitration Offers Equitable Resolutions
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.