A California biopharmaceutical company told the Ninth Circuit on Tuesday that a district court erred in letting its former chief financial officer move her discrimination claims out of arbitration and into federal court, saying she arbitrated too long before invoking the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act.
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THURSDAY, DECEMBER 4, 2025 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

9th Circ. Mulls Pharma Exec's Use Of Forced Arbitration Law

By Bonnie Eslinger

A California biopharmaceutical company told the Ninth Circuit on Tuesday that a district court erred in letting its former chief financial officer move her discrimination claims out of arbitration and into federal court, saying she arbitrated too long before invoking the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act.

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5th Circ. Weighs If Ex-Starbucks CEO Made Anti-Union Threat

By Spencer Brewer

A Fifth Circuit panel pressed Starbucks Corp. to explain how former CEO Howard Schultz's comments telling a pro-union employee they could find another job did not run afoul of labor law, saying Tuesday the comments could be seen as threatening retaliation.

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5th Circ. Skeptical Of NLRB Dinging Starbucks For Subpoenas

By Spencer Brewer

A Fifth Circuit panel seemed skeptical of the National Labor Relations Board's claim that it can slap Starbucks Corp. with a labor law violation after it allegedly sent overbroad subpoenas to pro-union employees, saying Tuesday it seemed like the board created a "liability trap."

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'Mailbox Rule' Can't Deliver Win For Marshalls, 9th Circ. Told

By Bonnie Eslinger

A former Marshalls worker told the Ninth Circuit on Tuesday that a district judge wrongly relied on the "mailbox rule" to send his employment suit to arbitration because Marshalls had mailed him an arbitration agreement, saying he never received it and California law requires that he actively agree to the deal.

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Instacart Challenges NYC's New Grocery Delivery Regulations

By Hailey Konnath

Instacart on Tuesday asked a federal court to block New York City's new regulations for app-based delivery workers, claiming that the new minimum wage, consumer tipping options and disclosure requirements run afoul of limits to the city's authority and threaten Instacart's operations.

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4th Circ. Rejects Indian Prof's Tenure Denial Bias Suit

By Grace Elletson

The Fourth Circuit declined Tuesday to reinstate an Indian professor's suit claiming his colleagues at North Carolina State University sabotaged his initial bid for tenure out of race discrimination, ruling that concerns about his teaching appeared to inform the tenure denial.

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U Of Colo. To Pay $10M In Religious Bias Suit Over Vax Policy

By Grace Elletson

The University of Colorado's medical school will pay $10.3 million to a group of employees and students who claimed in federal court that their religious exemption requests to the university's COVID-19 vaccine mandate were unlawfully denied, according to the group's attorneys.

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DISCRIMINATION

CSX Must Face Ex-Employee's FMLA Retaliation Suit

By Patrick Hoff

CSX Transportation Inc. can't escape a former employee's lawsuit alleging he was unlawfully fired for taking medical leave, with a Florida federal judge ruling that the dismissal of class claims in a similar case didn't start the clock ticking on the ex-worker's deadline to file suit.

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Microsoft Touted Inclusion, Then Fired Blind Worker, Suit Says

By Ben Adlin

Microsoft Corp. held up a blind employee as an example of its commitment to inclusive hiring, then canned his accessibility project for people with vision issues and laid him off, according to a recent suit in Washington state court accusing the company of illegal discrimination.

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Chaplain Says Fla. Prison Officials Fired Him Over Beliefs

By David Minsky

A former prison chaplain who was terminated by the Florida Department of Corrections for refusing to train a female minister brought a federal suit alleging religious discrimination, saying he was fired for upholding his Christian belief that a woman should not be allowed to preach to male inmates. 

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Hospital Says EEOC Neglected Presuit Conciliation Obligation

By Patrick Hoff

The U.S. Equal Employment Opportunity Commission failed to satisfy its conciliation obligations before filing an age discrimination lawsuit against a Colorado hospital, the facility told a federal court, arguing that the case should be paused for the parties to try to work out a deal.

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DeCotiis Beats DQ Bid In NJ Turnpike Discrimination Suit

By Rose Krebs

A New Jersey state appellate panel on Tuesday rejected a bid to disqualify DeCotiis Fitzpatrick Cole & Giblin LLP from representing the New Jersey Turnpike Authority and two employees in a discrimination case filed by a medical facility and doctors who performed work for authority members.

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Brief

4th Circ. Rejects Rehearing In Ex-Defender's Harassment Case

By Abigail Harrison

Former assistant public defender Caryn Devins Strickland lost her bid to have the full Fourth Circuit rehear her sexual harassment suit against the federal judiciary, as judges ruled they didn't overlook her pro bono legal team's withdrawal on the eve of her bench trial.

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WAGE & HOUR

Ill. County Nabs Partial Win In 911 Dispatcher Wage Suit

By Benjamin Morse

An Illinois county nabbed a partial win in a wage suit by 911 dispatchers, a federal judge ruled, finding that the workers abandoned a challenge to a meal break deduction but holding that the county's collective bargaining agreement didn't qualify for a federal overtime exemption.

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Boston Eatery Accused Of Wage Theft After Michelin Rating

By Chris Villani

An Italian restaurant in Boston's Back Bay neighborhood that recently received a "recommended" rating from the Michelin Guide improperly pooled tips and stole wages from its servers, according to a proposed class action filed in state court.

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Brief

Home Health Cos., Former Employee Settle Overtime Dispute

By P.J. D'Annunzio

A group of Ohio-based home care staffing agencies accused of shorting employees on overtime pay have settled a putative class action against them alleging violations of state and federal wage laws.

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LABOR

Post-Gazette Publisher Tries Again To Pause Benefits Order

By Emily Brill

If the Pittsburgh Post-Gazette must restore its union-represented editorial staff's pre-2020 healthcare benefits, it will shut down, the newspaper's publisher claimed in a brief filed with the Third Circuit, requesting another shot at pausing an injunction that compelled the paper to restore the benefits.

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Pa. Justices To Review Vote Restricting Solitary Confinement

By Matthew Santoni

Pennsylvania's Supreme Court will consider whether a 2021 voter referendum restricting the use of solitary confinement and pepper spray at the Allegheny County Jail infringed on the jail employee union's collective bargaining rights, the court announced Tuesday.

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NONCOMPETES

Marsh Wins Bid To Block Solicitation In Client Poaching Suit

By Hope Patti

A New York federal court issued a preliminary injunction barring California-based insurance broker Alliant and two employees from soliciting and accepting the workers' former Marsh & McLennan Agency clients, yet refused to prevent their continued servicing of clients who have already moved their business to Alliant.

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WHISTLEBLOWER

Ex-Amerant Bank Exec Claims Retaliation For Whistleblowing

By Sydney Price

Amerant Bank has been hit with a suit in Florida state court accusing it of ousting a senior vice president for speaking out against alleged prohibited activity at the bank, including several violations the former executive says were carried out by the bank's trust department.

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WORKER SAFETY

'I'm A Drug Addict LOL': Skaggs' Widow Denies Red Flags

By Gina Kim

An attorney defending the Los Angeles Angels against negligence claims related to the overdose death of pitcher Tyler Skaggs confronted his widow on the stand Tuesday with his texts about drug use, including one message saying, "I'm a drug addict lol," but she maintained that she never observed any "red flags."

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EXPERT ANALYSIS

Florida Throws A Wrench Into Interstate Trucking Torts

Florida's recent request to file a bill of complaint in the U.S. Supreme Court against California and Washington, asserting that the states' policies conflict with the federal English language proficiency standard for truck drivers, transforms a conventional wrongful death case into a high-stakes constitutional challenge, say attorneys at Farah & Farah.

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LEGAL INDUSTRY

Bonus Spotlight

High Billers At McKool Smith To Pocket Extra Bonus Money

By Tracey Read

McKool Smith is the latest BigLaw firm to announce extra cash for attorneys who went above and beyond with billable hours in 2025, according to an internal memo obtained by Law360 Pulse.

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Wilson Sonsini To Switch Leaders For 1st Time Since 2012

By Andrea Keckley

Wilson Sonsini Goodrich & Rosati PC announced plans for its first top leadership transition in more than a decade on Wednesday, tapping a Palo Alto, California-based litigator and a New York-based corporate lawyer to begin co-leading the firm at the start of next August.

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Ex-Bernstein Litowitz Atty Starts Firm After Contentious Exit

By Adrian Cruz

A former Bernstein Litowitz Berger & Grossmann LLP partner known for handling high-profile stockholder cases has led the launch of a boutique focused on corporate disputes and securities litigation after the firm says he was fired for misconduct.

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LA Atty Accused Of Using AI 'Hallucinations' Sanctioned

By Rae Ann Varona

A California state appeals court has ordered an attorney accused of including artificial intelligence "hallucinations" in a client's opening brief to pay $7,500 to the court, saying in a published opinion that the attorney is subject to sanctions for inaccuracies, regardless of whether they were the result of AI.

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FTC Backs Nixing ABA Role As 'Gatekeeper' For Texas Bar

By Lynn LaRowe

The Federal Trade Commission has endorsed a proposal from the Texas Supreme Court to abandon a rule requiring graduation from a law school approved by the American Bar Association for admittance to the state bar, saying the organization's "accreditation monopoly" hurts competition and consumers.

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Virginia Bar Declines To Investigate Interim US Atty Halligan

By Ryan Boysen

The Virginia State Bar has declined to investigate whether Lindsey Halligan should face discipline over her scandal-plagued tenure as the interim U.S. attorney for the Eastern District of Virginia, just days after a federal judge ruled she was not properly appointed to that post.

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Trump Would Prefer Jack Smith Testify In Public

By Courtney Bublé

Rep. Jim Jordan, R-Ohio, chair of the House Judiciary Committee, subpoenaed former counsel Jack Smith on Tuesday for a closed-door deposition, to which President Donald Trump said he would rather see a public testimony.

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1st Circ. Doubts Ex-BigLaw Atty's Campaign Finance Appeal

By Chris Villani

The First Circuit on Wednesday expressed misgivings about a former BigLaw attorney's argument that a jury that convicted him of a campaign finance scheme during a failed run for Congress should have been required to unanimously find that each specific transaction was illegal.

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Archegos Founder Says Davis Polk Job Offer Taints Restitution

By Lauren Berg

Archegos founder Bill Hwang, who is serving an 18-year sentence for defrauding banks out of billions of dollars in loans used to manipulate the market, asked to vacate his restitution order because the presiding judge's clerk accepted a job with Davis Polk & Wardwell LLP, which represents victim-bank Morgan Stanley.

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Troutman Atty Is 3rd NC Federal Judge Confirmed This Week

By Courtney Bublé

The Senate voted 57-41 on Wednesday to confirm Matthew Orso, a partner at Troutman Pepper Locke LLP, to the Western District of North Carolina as a federal district judge.

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Fed. Circ. Pushes DC Circ. Not To Rethink Newman Decision

By Adam Lidgett

The Federal Circuit has urged the D.C. Circuit to ignore Federal Circuit Judge Pauline Newman's request to rehear a decision upholding the dismissal of her suit against the colleagues who suspended her, saying the judiciary has the right to police its own internal matters.

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LAW FIRMS IN TODAY'S NEWS

Barnard Iglitzin

Becker Hoerner

Bernstein Litowitz

Boies Schiller

Casey Jones Law

Coffman Legal

Cooley LLP

Covington & Burling

Davis Polk

DeCotiis FitzPatrick

Durham Pittard

Epstein Becker

Farah & Farah

Farivar Law

Fisher & Phillips

Friedman Kaplan

Gibson Dunn

Goulston & Storrs

Hall & Evans

Irell & Manella

James & Hoffman

Jones Day

Jubelirer Pass

Kinsella Holley

Latham & Watkins

Law Office of Robert S. Giolito

Littler Mendelson

Mandelbaum Barrett

McGuireWoods

McKool Smith

Morgan Lewis

Morvillo Abramowitz

Murphy Rosen

Novian & Novian

Pearman Law Firm

Robbins LLP

Rolwes Law Firm

Ropes & Gray

Rusty Hardin

Scott & Corley

Setareh Law Group

Sheppard Mullin

Shutts & Bowen

Sidley Austin

Telios Law

Theodora Oringher

Troutman

Weinreb Law Group

Welby Stoltenberg

Williams & Connolly

Wilson Sonsini

COMPANIES IN TODAY'S NEWS

AT&T Inc.

Alliant Insurance Services Inc.

Amerant Bank NA

American Bar Association

Arcellx Inc.

CSX Corp.

Coyote Logistics LLC

Golden State Foods

Hilton Worldwide Holdings Inc.

Instacart

JPMorgan Chase & Co.

LinkedIn Corp.

Los Angeles Angels

Major League Baseball Inc.

Marsh & McLennan Agency LLC

Michelin Group

Microsoft Corp.

Morgan Stanley

Netflix Inc.

New Civil Liberties Alliance

Permira

Samsung Electronics Co. Ltd.

Starbucks Corp.

State Bar of California

Streamlined Sales Tax Governing Board Inc.

Structure Therapeutics Inc.

Tesla Inc.

The Newspaper Guild

The TJX Cos. Inc.

Virginia State Bar

Warner Bros. Discovery Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

California Supreme Court

City of New York

Equal Employment Opportunity Commission

Federal Aviation Administration

Federal Bureau of Investigation

Federal Motor Carrier Safety Administration

Federal Trade Commission

Florida Department of Corrections

Internal Revenue Service

Judicial Conference of the United States

National Highway Traffic Safety Administration

National Labor Relations Board

New Jersey Turnpike Authority

New York Attorney General's Office

North Carolina Department of Justice

Pennsylvania Supreme Court

St. Lucie County, Florida

Texas Supreme Court

U.S. Attorney's Office for the Southern District of New York

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the First Circuit

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 Transportation

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

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

U.S. District Court for the Middle District of Florida

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

U.S. District Court for the Southern District of Florida

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

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

U.S. House of Representatives

U.S. Securities and Exchange Commission

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