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Employment
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September 02, 2025
Pot Cos. Say Berkshire Hathaway Unit Must Cover Death Suit
A group of cannabis companies said a Berkshire Hathaway unit must cover their defense in an underlying suit over a worker's death, telling a Florida federal court that the allegations trigger either the policy's workers' compensation coverage or employers' liability coverage.
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September 02, 2025
4th Circ. Won't Stop Dance Teachers From Using 'Inspire' TM
A charter school failed to convince the Fourth Circuit to block two former teachers from using the name "Inspire" for their dance company, with a panel finding Tuesday that the school's trademark infringement and false advertising claims didn't have enough juice.
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September 02, 2025
Ga. Atty Aims To Pause Arbitration In Wage Fight With Ex-Firm
An Atlanta attorney suing her former law firm, John Foy & Associates, is seeking to put arbitration on hold while her claims for harassment and retaliation play out in Georgia federal court, saying that allowing the two matters to proceed simultaneously risks "duplicative proceedings, inconsistent findings and unnecessary expense."
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September 02, 2025
NCAA Fights Wisconsin Footballer's Renewed Eligibility Bid
A University of Wisconsin football player's second bid for an injunction allowing him an extra year to play did not fix the problems that led to the first bid being overturned on appeal, the NCAA told a Wisconsin federal judge in its renewed defense of its eligibility rules.
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September 02, 2025
2nd Circ. Backs X In Arb. Fees In Severance Case
Courts can't sort out who pays arbitration fees, and employers' refusal to pay such fees isn't a failure to arbitrate, the Second Circuit ruled Tuesday, siding with X in a case accusing the social media platform of owing workers severance.
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August 29, 2025
Employment Authority: Courts Back A Broad EEOC
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on a recent Second Circuit ruling that adds to a growing consensus among circuit courts that the U.S. Equal Employment Opportunity Commission should have a long leash, why it may have just gotten harder for California employers to defend against minimum wage suits, and a reflection on the exit of National Labor Relations Board Chairman Marvin Kaplan.
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August 29, 2025
DC Judge Says Fed. Reserve Gov. Can't Get TRO Just Yet
Federal Reserve Board Governor Lisa Cook didn't walk away from her emergency hearing with the temporary restraining order she was looking for, but a D.C. federal judge said she was willing to expedite briefing over the president's attempt to strip Cook of her position.
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August 29, 2025
Logistics Cos. Can't Escape Worker Visa Misuse Class Action
Two logistics companies have failed to escape a proposed class action accusing them of misusing a professional worker visa program to lure workers from Mexico, with a Georgia federal judge trimming out some discrimination and fair labor claims, but allowing several others to proceed.
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August 29, 2025
EEOC, Sam's Club Strike $60K Deal In ADA Suit
The operators of warehouse club retail store Sam's Club will pay $60,000 to end a U.S. Equal Employment Opportunity Commission suit alleging a worker was refused accommodations and ultimately fired after attempting to return to work following an automobile accident.
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August 29, 2025
Former National Security Officials Say Union EO Went Too Far
Although President Donald Trump said he was protecting national security when he opened the door for dozens of agencies to shred their union contracts, he was actually retaliating against the unions for speaking out against him, a coalition of former senior national security officials told the Ninth Circuit on Friday.
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August 29, 2025
Ex-Philly Labor Leader Cites Ailing Wife In Prison Release Bid
John Dougherty, the former business manager of the International Brotherhood of Electrical Workers Local 98 in Philadelphia, has asked a federal judge to free him early from his six-year prison term for bribery and embezzlement so that he can go home to care for his ailing wife, who he claims will ultimately die without his assistance.
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August 29, 2025
Amazon Workers Get Class Nod In Military Leave Bias Suit
A New York federal judge handed class certification to a group of workers alleging Amazon did not provide equal leave benefits to service members compared to those who took other forms of leave such as jury duty, although he found the class representative couldn't lead the case.
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August 29, 2025
US Education Dept. Finds Denver Schools Flouted Title IX
The first Title IX investigation undertaken by the U.S. Department of Education's Office for Civil Rights since President Donald Trump returned to office found Denver Public Schools violated Title IX by converting two bathrooms at a local high school to multi-stall, all-gender bathrooms, according to a Thursday news release from the OCR.
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August 29, 2025
GardaWorld Can't Avoid Tobacco, Vaccine Health Fee Suit
A North Carolina federal judge trimmed — but refused to toss — a proposed class action challenging a security company's health plan surcharges to employees who refused COVID-19 vaccinations and who use tobacco, opening discovery on claims that the fees violated nondiscrimination provisions in federal benefits law.
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August 29, 2025
Calif. AG Puts Conditions On $24B Walgreens Deal
California enforcers have reached a settlement that puts several conditions on Sycamore Partners' recently completed $24 billion deal for Walgreens Boots Alliance Inc., including measures intended to protect competition, patients and workers in the state.
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August 29, 2025
NC Biz Court Crops Doctors' Dispute Over Practice Split
A state court judge has pared down claims against a North Carolina doctor in a messy legal dispute with his former business partners, finding they failed to show how he breached a settlement agreement governing their separation and that his allegedly disparaging remarks about another doctor don't rise to the level of causing extreme emotional distress.
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August 29, 2025
NLRB Atty Joins Blank Rome's Labor Group In Philadelphia
An attorney who spent the first 15 years of his legal career working with National Labor Relations Board has recently moved into private practice and joined Blank Rome LLP's growing labor team.
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August 29, 2025
UPenn Prof Suspended For Racist Remarks Loses Bias Claim
University of Pennsylvania law professor Amy Wax lost her federal discrimination claims against the school for suspending her over disparaging comments she made about minorities, with a judge finding that she was disciplined for racist speech, not because of her own race.
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August 29, 2025
Ill. Jury Sides With Ex-CTA Worker In Vax Bias Lawsuit
An Illinois federal jury on Friday awarded a former Chicago Transit Authority employee $425,000 in damages, finding the transit agency liable on his religious discrimination claim after he was terminated following his refusal to take the COVID-19 vaccine and denied an exemption to the agency's vaccine requirement.
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August 29, 2025
Elevance Says Worker Seeking 'Bizarre' Payout In Late Suit
A former Elevance utilization representative's proposed class suit claiming the company owes her damages for paying her last paycheck late would lead to a "bizarre" conclusion, the entity told a Connecticut state court, arguing that she is potentially owed only $1.18.
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August 29, 2025
Northwestern Beats Ex-Coach's Defamation Claims, For Now
Northwestern University has for now escaped the defamation suit of a former assistant football coach caught up in the program's hazing scandal, with an Illinois state court ruling that alleged defamatory statements were not specifically about him.
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August 29, 2025
Single Slur Not Enough For Retaliation Suit, Judge Says
A Michigan federal judge stood by her dismissal of an Arab American worker's suit claiming a car dealership fired him for protesting a supervisor's racist language while following up on her original ruling to say that opposition to the single use of a slur isn't enough to establish a retaliation case.
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August 29, 2025
States Say White House Caved In AmeriCorps Cut Fight
A coalition consisting of Maryland, two dozen other states and D.C. that is challenging the Trump administration's attempts to slash AmeriCorps programs and withhold funds announced Friday the White House has chosen to release nearly $185 million as it faced "a blistering legal defeat."
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August 29, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Prosecco DOC Consortium bring an intellectual property claim against a distributor, the Serious Fraud Office bring a civil recovery claim against the ex-wife of a solicitor jailed over a £19.5 million fraud scheme, and law firm Joseph Hage Aaronson & Bremen LLP sue its former client, the bankrupt Indian tycoon Vijay Mallya. Here, Law360 looks at these and other new claims in the U.K.
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August 29, 2025
Orkin Pest Control Overtime Case Put On Hold
A Georgia federal judge agreed to pause a suit accusing pest control giant Orkin of automatically deducting time for unpaid breaks from thousands of employees who did not take the breaks and requiring unpaid training sessions.
Expert Analysis
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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NWSL's $5M Player Abuse Deal Shifts Standard For Employers
The National Women's Soccer League's recent $5 million settlement addressing players' abuse allegations sends a powerful message to leagues, entertainment entities and employers everywhere that employee safety, accountability and transparency are no longer optional, say attorneys at Michelman & Robinson.
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Mass. AG Emerges As Key Player In Consumer Protection
Through enforcement actions and collaborations with other states — including joining a recent amicus brief decrying the defunding of the Consumer Financial Protection Bureau — Massachusetts Attorney General Andrea Campbell has established herself as a thought leader for consumer protection and corporate accountability, say attorneys at Troutman Pepper.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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What To Know About Restrictions On Former Federal Workers
Excerpt from Practical Guidance
Amid reductions to the federal workforce, agency counsel should be mindful that workers who are leaving government employment will still be covered by federal ethics restrictions upon their departure, including recusal requirements and temporary and permanent bans, says Rex Iacurci at LexisNexis.
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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.