The Ninth Circuit zeroed in on timing Wednesday as a former Netflix worker pushed to keep her sexual harassment suit out of arbitration, appearing sympathetic to the streaming company's argument that her dispute began before a law banning mandatory arbitration for sexual harassment claims became effective.
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THURSDAY, FEBRUARY 5, 2026 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

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9th Circ. Seems Reluctant To Keep Netflix Bias Case In Court

By Vin Gurrieri

The Ninth Circuit zeroed in on timing Wednesday as a former Netflix worker pushed to keep her sexual harassment suit out of arbitration, appearing sympathetic to the streaming company's argument that her dispute began before a law banning mandatory arbitration for sexual harassment claims became effective.

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3rd Circ. Ponders Pa. Professor's Virtual Teaching Denial

By P.J. D'Annunzio

A Third Circuit panel on Wednesday quizzed attorneys in a case involving a Kutztown University professor who was denied remote teaching accommodations about if she should have expected in-person instruction to be an essential function of her position, despite the lack of a job description or written policy saying so.

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Ex-DLA Piper Partner Aims To Toss Claim He Raped Associate

By Jack Karp

Allegations that an ex-DLA Piper partner raped a former Boston-based associate in Delaware in 2022 should be tossed since the Massachusetts state court the case was filed in has no jurisdiction over the Delaware claim, according to the accused former partner.

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Calif. Court Revives Walmart Worker's Background Check Suit

By Gina Kim

California appellate justices Wednesday revived a Walmart employee's lawsuit alleging the retailer added extraneous consumer reporting agencies in a background check notice during her hiring process, finding she has standing since Walmart obscured the specific agency that provided the report and the ways she could contact the agency to fix errors.

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'Extraordinary Circumstances': Elon Musk Faces USAID Depo

By Bonnie Eslinger

A Maryland federal judge on Wednesday said billionaire Elon Musk must testify in litigation filed by U.S. Agency for International Development employees claiming he illegally dismantled the foreign aid agency while head of the advisory organization known as the Department of Government Efficiency, saying "extraordinary circumstances justify the deposition."

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Law360 Seeks Members For Its 2026 Editorial Boards

Law360 is looking for avid readers of our publications to serve as members of our 2026 editorial advisory boards.

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DISCRIMINATION

Ex-Fox News Host Decries Judge Pick's Arbitration Stance

By Courtney Buble

Gretchen Carlson, a former Fox News anchor and a leading advocate for ending forced arbitration of sexual harassment and assault in the workplace, has come out against a federal judicial nominee for Louisiana for her past comments on the issue.

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4th Circ. Backs Chicken Processor In Fired Worker's ADA Suit

By Grace Elletson

The Fourth Circuit declined Wednesday to reinstate a suit from a worker who said a chicken processor unlawfully terminated him after a shooting left him with lingering medical issues, saying he failed to show he could perform the key functions of his job.

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OSU's Defensive Analyst Says Gender Bias Got Him Fired

By Gina Kim

Ohio State University was sued Tuesday in federal court by a former football program employee alleging it applied "gendered assumptions about credibility, aggression and victimhood" against him and fired him after he complained about a female colleague's hostile behavior.

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United Says Pilot's Vax Accommodation Should End Dispute

By Lauraann Wood

United Airlines has urged an Illinois federal judge to hand it a pretrial win over a pilot's accusation that the airline failed to properly handle his religious-based COVID-19 vaccination exemption request, arguing he received an accommodation that should be considered reasonable and defeat his claims.

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Fired Boston Staffer's Suit Trimmed As Mayor Ducks Claims

By Carolyn Muyskens

A federal judge has dismissed most of a former Boston City Hall staffer's employment lawsuit, including claims accusing Mayor Michelle Wu of firing her to protect a cabinet official from sexual harassment allegations.

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WAGE & HOUR

Restaurant Can't Include Morning Staff In Tip Pool, Court Says

By Benjamin Morse

A steakhouse chain violated tip credit rules by including morning-shift employees in its tip pool even though they worked primarily while the restaurant was closed to guests, a Colorado federal judge has ruled, finding those workers were not "customarily and regularly tipped" because their customer interaction was minimal.

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Migrant Workers' Notice Approved In H-2A Wage Suit

By Benjamin Morse

A Louisiana federal judge authorized notice to be sent to H-2A sugar cane workers who may be owed unpaid overtime on Tuesday, allowing them to opt in to a proposed Fair Labor Standards Act collective action against two companies.

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Coal Miner Accuses Colorado Energy Co. Of FLSA Violations

By Zach Dupont

A Kentucky coal miner accused a Colorado energy company in a proposed collective action Wednesday of violating the Fair Labor Standards Act by forcing employees to work more than an hour of overtime every workday without pay.

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Brief

Pet Treat Maker, Ex-Workers Score OK For $975K Wage Deal

By Benjamin Morse

An Illinois federal judge preliminarily approved a $975,000 settlement to resolve a proposed class and collective action alleging a pet product manufacturer failed to pay its employees for the time they spent putting on and removing personal protective equipment, according to a court filing.

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Brief

Calif. Panel Won't Publish Amazon Drivers Arbitration Ruling

By Irene Spezzamonte

A California appeals court will not publish its decision that last-mile deliveries Amazon workers performed represented interstate commerce exempt from federal arbitration, turning down requests to publish the opinion.

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LABOR

Educators Challenge DHS Presence At Minnesota Schools

By Katherine Smith

Two Minnesota school districts and the state's major teachers union are challenging the U.S. Department of Homeland Security's decision to remove its policy barring federal agencies from carrying out immigration enforcement actions near public schools, according to a complaint filed in Minnesota federal court Wednesday.

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NONCOMPETES

Fertility Clinic Says Doctors Lured Staff To New Practice

By Julie Manganis

The owners of a Massachusetts fertility clinic say three doctors left to start their own practice and repeatedly violated a non-solicitation agreement to "raid" its staff, according to a complaint filed in state court.

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EXPERT ANALYSIS

Series

Law School's Missed Lessons: Practicing Resilience

Resilience is a skill acquired through daily practices that focus on learning from missteps, recovering quickly without internalizing defeat and moving forward with intention, says Nicholas Meza at Quarles & Brady.

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LEGAL INDUSTRY

Paul Weiss' Karp Steps Back After Epstein Email Revelations

By Hailey Konnath and Aebra Coe

Longtime Paul Weiss Rifkind Wharton & Garrison LLP chair Brad S. Karp has resigned from his leadership role, the firm announced Wednesday, a move that comes after the U.S. Department of Justice released numerous emails between Karp and Jeffrey Epstein.

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Baker McKenzie To Downsize Business Professional Jobs

By Tracey Read

Baker McKenzie, which has a legal services hub in Tampa, Florida, is in the process of downsizing business professionals' jobs, a firm spokesperson confirmed to Law360 Pulse on Wednesday.

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Goldstein Accountant Admits Tax Return Errors

By Jared Foretek

A star government witness and the top outside accountant for SCOTUSblog founder Thomas Goldstein and his law firm admitted to making mistakes on Goldstein's tax returns and offering the grand jury erroneous testimony, under cross-examination in the U.S. Supreme Court lawyer's tax fraud trial Wednesday.

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Analysis

Clemency Was 'Broken' Long Before Trump. Can It Be Fixed?

By Phillip Bantz

President Donald Trump has transformed what has historically been a bureaucratic process for seeking federal pardons and commutations into a more freewheeling affair with few clear rules — and no easy solutions for reform, experts say.

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Wachtel Missry Settles Liability In $26M Atty Malpractice Case

By Emily Sawicki

A dispute over who is liable for a former Wachtel Missry LLP partner's alleged exploitation of an elderly client has been settled on the eve of trial, while the Brooklyn federal judge declined to consider recusing himself despite "inadvertently" meeting with the firm's founding partner before the matter was fully put to rest.

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Trump Bid To Move NY Appeal Faces 'Fatal' Error, Judge Says

By Frank G. Runyeon

A Manhattan federal judge on Wednesday repeatedly aired doubts that President Donald Trump can upend the pending New York state appeal of his hush-money conviction by moving the case to federal court.

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Promo that reads 2025 Practice Groups of the Year

LAW FIRMS IN TODAY'S NEWS

Ankner & Levy

Ashby & Geddes

Baker McKenzie

Boston Law

Ciardi Ciardi

Constangy Brooks

Cravath Swaine

DLA Piper

Dawson Morton LLC

Estes Davis Law

Gibbs Mura

Goldstein & Russell

Greenberg Traurig

Hamilton Lincoln

Herrmann Law PLLC

Horvitz & Levy

Jackson Walker LLP

Jordan Price Wall

Larson Law Group LLC

Law Office of Kevin C. Riach

Law Offices of Lucas Newbill

Lehotsky Keller

Libby Hoopes

Lichten & Liss Riordan

Lieff Cabraser

Littler Mendelson

McDermott Will & Schulte

Messner Reeves

Munger Tolles

Nelson Mullins

Nilan Johnson

Paul Weiss

Phelps Dunbar

Pollard PLLC

Pryor Cashman

Quarles & Brady

Ralph Bryant Law Firm

Rosenberg Freedman

Seyfarth Shaw

Shah Litigation

Shapiro Arato

Sullivan & Cromwell

Wachtel Missry

Whiteford Taylor

Wimberly Lawson Steckel

Zimmerman Reed

COMPANIES IN TODAY'S NEWS

Amazon.com Inc.

Apollo Global Management LLC

Binance Holdings Ltd.

Boston IVF

Deloitte Touche Tohmatsu Ltd.

Democracy Forward Foundation

First Advantage Corporation

Flowers Foods Inc.

Hallador Energy Co.

LinkedIn Corp.

Mountaire Farms Inc.

Netflix Inc.

New York University

Ohio State University

Parabellum Capital LLC

The New York Times Co.

United Airlines Holdings Inc.

Walmart Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Alaska Department of Law

California Attorney General's Office

Commonwealth of Massachusetts

Executive Office of the President

Federal Election Commission

Internal Revenue Service

Manhattan District Attorney's Office

Superior Court of Massachusetts

U.S. Agency for International Development

U.S. Attorney's Office for the District of Maryland

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. Department of Labor

U.S. Department of State

U.S. District Court for the District of Alaska

U.S. District Court for the District of Maryland

U.S. District Court for the District of Massachusetts

U.S. District Court for the Eastern District of Louisiana

U.S. District Court for the Eastern District of New York

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Arkansas

U.S. District Court for the Western District of Louisiana

U.S. District Court for the Western District of Missouri

U.S. District Court for the Western District of Texas

U.S. Immigration and Customs Enforcement

U.S. Senate

U.S. Supreme Court

United States District Court for the District of Colorado

United States District Court for the Southern District of Ohio