The U.S. Supreme Court on Monday closely scrutinized the procedures governing late-raised legal defenses amid a former political aide's fight to reinstate her pregnancy discrimination lawsuit, with some justices hinting that the case should be sent back down for review under a different federal rule set.
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TUESDAY, NOVEMBER 3, 2026 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

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Justices Probe Late Defense In Ex-Aide's Pregnancy Bias Suit

By Anne Cullen

The U.S. Supreme Court on Monday closely scrutinized the procedures governing late-raised legal defenses amid a former political aide's fight to reinstate her pregnancy discrimination lawsuit, with some justices hinting that the case should be sent back down for review under a different federal rule set.

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Longtime NLRB Vet Tapped As Board Advisory Atty

By Tim Ryan

A longtime National Labor Relations Board attorney who most recently served as acting chief of staff to Chairman James Murphy will take over as solicitor to the board, leading an office that provides legal guidance to the adjudicatory side of the agency, the board announced Monday.

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NTSB Defeats Ex-Member's Race Bias Suit Over Removal

By Patrick Hoff

A D.C. federal judge shut down a former National Transportation Safety Board member's lawsuit alleging he was unlawfully removed by President Donald Trump because he's Black, pointing to the U.S. Supreme Court's June decision concluding that presidents have unlimited authority to fire members of independent agencies.

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Split Full 9th Circ. Backs Block On ICE Voter Fraud Probe

By Dorothy Atkins

A Ninth Circuit majority kept in place Friday a panel's recent ruling refusing to pause an injunction blocking U.S. Immigration and Customs Enforcement agents from carrying out a "surge initiative" to question individuals in nine states about their voter status, while seven judges criticized the panel's opinion in dissent.

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GEO Settles Before Trial In Colo. Detainees' Forced Labor Suit

By Rachel Konieczny

Former detainees of a Colorado immigration detention facility and private prison operator The GEO Group Inc. struck a deal Monday ahead of trial in a 12-year-old class action that alleged the U.S. Immigration and Customs Enforcement contractor unlawfully profited from the detainees' forced labor.

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5th Circ. Weighs Law Student's Kirk Comment Discipline

By Spencer Brewer

A Fifth Circuit panel wanted to know what harm a former Texas Tech law student is currently experiencing as she seeks to overturn a disciplinary action related to statements she made allegedly celebrating Charlie Kirk's death, saying Monday the alleged harm seemed "speculative."

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DISCRIMINATION

FCC Stops Broadcasters' Workforce Diversity Data Collection

By Aneeta Mathur-Ashton

The Federal Communications Commission will once again stop collecting workforce diversity data from the broadcast industry.

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Brief

PNC Bank, Ex-Managing Director Settle Sex Bias Suit

By Sydney Price

A former managing director at Charlotte-based PNC Bank has settled her sex-based discrimination suit against the financial services provider, according to a mediator's report.

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WAGE & HOUR

College Athletes' Attys Seek $18M Cut Of NIL Settlement

By Alex Lawson

More than a year after the approval of a historic $2.78 billion settlement to share revenue derived from college athletes' name, image and likeness, attorneys for the athletes are seeking $18 million for their work administering the settlement's terms.

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Ga. Atty Wins Bid To Revive Fee-Split Suit Against Firm

By Emily Johnson

The Georgia Court of Appeals has revived an attorney's suit over compensation, finding that factual disputes should have prevented the trial court from granting summary judgment to Casino Law Group LLC.

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LABOR

Teachers Union Sues Ed. Dept. Over Loan Forgiveness Delays

By Aneeta Mathur-Ashton

The American Federation of Teachers and nine borrowers sued the U.S. Department of Education, saying it is illegally blocking forgiveness of federal student loans for individuals who have worked in public service.

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Teamsters' International Union Must Face Worker's Pay Suit

By MJ Koo

An Oklahoma federal judge on Monday ruled that the Teamsters' international union must face a former office worker's lawsuit seeking unpaid overtime and severance, saying she had presented enough evidence to suggest the union was responsible for decisions about her termination and pay.

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Union, Groups Challenge Trump's 'Noncitizen' Ballot Demand

By MJ Koo

A labor union and two voter advocacy groups have asked a Washington federal court to stop President Donald Trump's administration from pressuring state election officials to set aside ballots from about 400 registered voters federal agencies believe are or were noncitizens.

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9th Circ. Sends Pot Labor Law Dispute Back To Lower Court

By Jonathan Capriel

The Ninth Circuit revived a cannabis retailer's lawsuit challenging California's requirement that marijuana businesses have labor peace agreements with unions, ruling on Monday that the trial court abused its discretion and must reconsider the arguments, including the possibility that both sides have "unclean" hands.

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BENEFITS

Airport Cleaning Co. Seeks To Trim SEIU Pension Suit

By Benjamin Morse

An airport cleaning subcontractor did not agree to pay supplemental retirement contributions and cannot be held liable for payments predating its labor agreement, the company told a D.C. federal court in its bid to trim a suit lodged by a pension fund.

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WRONGFUL TERMINATION

Broadview 6 'Deflection' Ousted Chicago's FBI Head, Suit Says

By Lauraann Wood

Chicago's former FBI head claimed Monday in federal court that he was forced to retire from the local field office once U.S. Attorney Andrew Boutros mounted a political pressure campaign "to deflect from his own malfeasance" that turned a criminal protest prosecution against six individuals into an "unprecedented disaster."

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Ex-Bank Compliance Chief's Termination Suit Sent To Fla.

By Katryna Perera

A New Jersey federal judge has transferred to Florida federal court a wrongful termination suit by the former chief compliance officer of First National Bank of Pasco, finding that its ties to the state are not enough to meet the minimum standard for personal jurisdiction.

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EXPERT ANALYSIS

NLRB Ruling Allows Leeway On Disciplining Misconduct

The National Labor Relations Board's recent decision in Lion Elastomers gives employers more room to discipline employees for threatening and offensive conduct, even when it occurs during protected activity, renewing focus on employer motive, consistency and documentation, says Sarah Niemiroski at Shipman & Goodwin.

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LEGAL INDUSTRY

BigLaw Attys Step Up To Help Voters In Midterm Elections

By Jack Karp and Lynn LaRowe

Attorneys from several BigLaw firms are volunteering across the country to make sure voters don't run into problems casting their ballots or having those ballots counted in Tuesday's midterm elections.

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Brief

Winston Taylor, DLA Piper Match Milbank Pay Scale

By Tracey Read

Two more BigLaw firms have opted to match the new associate salary scale set by Milbank LLP in June.

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Analysis

Judiciary Stuck In AI Rulemaking Rut As Attys, Judges Protest

By Jeff Overley

Judiciary efforts to enact rules for the artificial intelligence age are mired in concerns about burdens on litigators, the tensions between burgeoning technology and snail-paced policymaking, and how to even define AI. And despite vivid examples of AI's risks, officials are inching toward mothballing the prominent project.

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Judge Orders Chicago US Atty To Testify In Misconduct Probe

By Celeste Bott

An Illinois federal judge has ordered Chicago's top federal prosecutor and three assistant U.S. attorneys to testify under oath about potentially false statements made to her in a now-dismissed criminal conspiracy case against anti-ICE protesters, saying Monday that the government's shifting explanations about communications with DOJ leadership suggest prosecutors misled the court about outside involvement in the prosecution.

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NY State Bar Says Attys Can't Bill Time Saved By AI

By Andrea Keckley

The New York State Bar Association has told lawyers not to bill clients for the time they saved by using artificial intelligence, or for the time it took to learn a new AI tool.

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Interview

SEC's Top Cop On Building A 'Nimble' Enforcement Division

By Jessica Corso

The U.S. Securities and Exchange Commission has lost hundreds of enforcement employees and seen significant restructuring of its regional offices over the past two years, but the Division of Enforcement's director said that hasn't stopped him from building a "nimble" program that is focused on more than just the number of cases filed.

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Catching Up With Delaware's Chancery Court

By Jarek Rutz

The Delaware Chancery Court last week allowed a stockholder claim over R1 RCM Inc.'s $8.9 billion buyout to proceed, while investors in Meta Platforms Inc. sued to block a stock restructuring they say would let CEO Mark Zuckerberg sell billions of dollars in shares without giving up control of the company.

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Monthly Merger Review Snapshot

By Matthew Perlman

The Federal Trade Commission caused a pair of playground equipment makers to abandon their planned merger, Canadian enforcers upended a deal for the Green Giant brand in the country and state attorneys general reached settlements for several regional deals.

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LAW FIRMS IN TODAY'S NEWS

Akerman LLP

ArentFox Schiff

Austin Legal Group

Barrett & Farahany

Berger Montague

Blank Rome

Bowen Painter

Bredhoff & Kaiser

Casino Law Group

Cheronis & Parente

Cleary Gottlieb

Cooley LLP

Cotsirilos Poulos

DLA Piper

Elias Law Group LLP

Fisher & Phillips

GessnerLaw

Godwin Morris

Greenberg Traurig

Hagens Berman

Henefeld & Green

Holland & Hart

Jackson Lewis PC

Jennings Haug

Jones Day

Kirkland & Ellis

Latham & Watkins

Littler Mendelson

Meyer Law Office

Milbank LLP

Orrick Herrington

Outten & Golden

Reed Smith

Riley Safer

Rothwell Figg

Seyfarth Shaw

Shipman & Goodwin

Simpson Thacher & Bartlett

Taft Stettinius

Tate Law Group LLC

Thatcher Zavaro

Troutman

Wheeler Trigg

Wilkinson Stekloff

Winston Taylor

COMPANIES IN TODAY'S NEWS

ABP Corp.

ACV Auctions Inc.

Above the Law

American Airlines Group Inc.

American Federation of Musicians

American Federation of Teachers

Arcosa Inc.

Arxada

Ascension Health Inc.

B&G Foods Inc.

Burke Inc.

Chevron Corp.

Cintas Corp.

Cogentrix Energy Power Management LLC

Colas Inc.

Copart Inc.

Delivery Hero

Democracy Forward Foundation

First National Bank of Pasco

Flex Ltd.

Fordham University

Fort Point Capital

Genworth Financial Inc.

Getty Images Holdings Inc.

GoFundMe Inc.

Google LLC

ISS A/S

International Brotherhood of Teamsters

LCI Industries

Lantheus Holdings Inc.

LiveRamp

Macquarie Group Ltd.

MarketAxess Holdings, Inc.

McCormick & Co. Inc.

Meta Platforms Inc.

MiMedx Group Inc.

Microsoft Corp.

Monomoy Capital Partners

National Collegiate Athletic Association

National Immigration Law Center

National Nurses United

New York State Bar Association

Nielsen Holdings PLC

OpenAI OpCo LLC

Pacira BioSciences Inc.

Passport Labs Inc.

Patrick Industries Inc.

Protect Democracy Project Inc.

Publicis Groupe SA

R1 RCM Inc.

Sanara MedTech Inc.

Sappi Limited

Service Employees International Union

Skydance Media LLC

State Bar of Texas

Tegna Inc.

Teleflex Inc.

Tempus AI

Texas Civil Rights Project

The DIRECTV Group Inc.

The Geo Group Inc.

The Lawyers' Committee for Civil Rights Under Law

The Markets LLC

The New York Times Co.

The PNC Financial Services Group Inc.

TowerBrook Capital Partners LP

UPM-Kymmene

Unilever PLC

United Food & Commercial Workers International Union

Verisk Analytics Inc.

Viatris Inc.

Vistra Corp.

Warner Bros. Discovery Inc.

Warner Bros. Entertainment Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

California Attorney General's Office

California Department of Justice

Competition and Markets Authority

Delaware Court of Chancery

Denver International Airport

Equal Employment Opportunity Commission

European Commission

Federal Bureau of Investigation

Federal Communications Commission

Federal Trade Commission

Georgia Court of Appeals

Judicial Conference of the United States

National Institute of Standards and Technology

National Labor Relations Board

National Transportation Safety Board

New York Attorney General's Office

The Netherlands Authority for Consumers and Markets

U.S. Attorney's Office

U.S. Attorney's Office for the Northern District of Illinois

U.S. Attorney's Office for the Western District of Washington

U.S. Citizenship and Immigration Services

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Department of Education

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. District Court for the District of Columbia

U.S. District Court for the District of New Jersey

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

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

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

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

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

U.S. Immigration and Customs Enforcement

U.S. Securities and Exchange Commission

U.S. Supreme Court

United States District Court for the District of Colorado

United States District Court for the Western District of Oklahoma

Washington Secretary of State