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Employment
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July 11, 2025
PepsiCo Challenges $2.1M Tax Penalty In Ill. Supreme Court
Illinois' justices should overturn lower court decisions allowing $2.1 million in penalties on PepsiCo for categorizing Frito-Lay expatriates' compensation as foreign payroll, a categorization that excluded Frito-Lay's profits from PepsiCo's state income tax calculations, the food and beverage giant said in a petition.
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July 11, 2025
Clorox And Ex-HR Manager Agree To End Race Bias Suit
Clorox and one of its former human resources managers have agreed to settle the ex-worker's suit alleging she was forced out of her job for refusing to drop racial bias concerns related to the company's hiring practices, according to a joint stipulation filed in federal court.
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July 11, 2025
$16M Deal Gets OK In Wage Suit Against Wash. Hospitals
A $16 million deal ending three consolidated suits accusing Providence Health & Services and two related entities of not giving nearly 23,900 meal and rest breaks can proceed, a Washington state judge ruled, finding the deal fair.
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July 11, 2025
Mo. Halts Paid Sick Leave, Cost-Of-Living Wage Increases
Missouri Gov. Mike Kehoe has signed a bill repealing paid sick leave benefits and yearly cost-of-living wage increases that were approved by state voters in a ballot initiative.
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July 11, 2025
FTC Looks To Extend Pause Of Noncompete Rule Appeal
The Federal Trade Commission has asked the Fifth Circuit to keep an appeal over the commission's blocked noncompete rule on hold for another 60 days as the agency continues to mull whether it actually wants to defend the rule.
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July 11, 2025
US Seeks To Toss DOGE Taxpayer Data-Sharing Suit
Unions and advocacy organizations trying to block the White House's Department of Government Efficiency from sharing taxpayer data across agencies have not shown they've suffered the sort of injuries that would allow them to sue the federal government, the U.S. government told a D.C. federal court.
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July 11, 2025
8th Circ. Upholds Labor Peace Pacts In Minn. Cities
Contractors and an independent union lack standing to challenge requirements to comply with project labor agreements in three Minnesota cities, the Eighth Circuit ruled, finding only employees could raise the constitutional claims in the case.
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July 11, 2025
NJ Atty's Bias Suit Against McCarter & English Gets Trimmed
A New Jersey state judge has largely narrowed the scope of a former McCarter & English LLP attorney's anti-veteran discrimination and whistleblower retaliation lawsuit against the firm, but allowed certain claims under a federal veterans rights law to proceed.
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July 11, 2025
Ex-Judge Pushes Back Against NJ's Stance On Her Conduct
A former workers' compensation judge has pushed back in her suit over her removal after the state of New Jersey said her conduct around discovery raises safety concerns of individuals she has targeted, telling a state court it's New Jersey that has engaged in harassing conduct.
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July 11, 2025
Calif. Panel Says Arbitration Provider Immune From Fraud Suit
An arbitration provider is immune from a logistics company's suit accusing it of not properly vetting its arbitrators, including one who oversaw a wage and hour suit against the company, a California appeals panel ruled, affirming a lower court's decision to nix the case.
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July 11, 2025
11th Circ. Won't Reinstate Worker's ERISA Arbitration Award
A divided Eleventh Circuit panel refused to restore a former water treatment company director's arbitration award of about $129,000 on claims that he should've been offered severance when demoted to a consultant, saying an arbitrator erroneously decided a federal benefits law claim the worker never raised.
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July 11, 2025
11th Circ. Revives Black Worker's Promotion Bias Suit
The Eleventh Circuit revived a Black worker's suit alleging a Georgia county wouldn't promote her to a more senior tax appraisal position out of racial discrimination, ruling that a jury needs to determine whether she was held to higher standards of qualifications than her non-Black peers.
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July 11, 2025
Logistics Co., Drivers To Mediate Misclassification Dispute
A logistics provider that helps manage trailers on company grounds will head to mediation to work toward settling a 650-member collective of drivers' suit accusing it of misclassifying them to avoid paying them overtime wages, a filing in Georgia federal court said.
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July 11, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen HS2 hit with a defamation claim by two ex-employees who blew the whistle on alleged under-reporting of costs, Craig Wright and nChain face legal action brought by its former chief financial officer over a fraud scheme, and pro-footballer Axel Tuanzebe bring a clinical negligence claim against his former club Manchester United F.C. Here, Law360 looks at these and other new claims in the U.K.
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July 10, 2025
Punitive Damages Ruling Deferred In Jack Nicklaus' Fla. Suit
A Florida state court judge deferred a decision on whether he'll overrule a previous order denying punitive damages in a defamation lawsuit brought by former professional golfer Jack Nicklaus against a company he founded and two of its officers, saying there must be enough evidence to find that reprehensible misconduct occurred.
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July 10, 2025
9th Circ. Sides With Civil Aid Attys In H-2A Farm Docs Dispute
A Ninth Circuit panel said Thursday that a lower court overstepped its authority by restricting a civil legal aid organization from using for advocacy purposes information that was gathered during discovery in a class of seasonal farmworkers' now-settled forced labor case against a Washington fruit grower.
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July 10, 2025
Stanford Accused Of Fostering Antisemitism In Bias Suit
A former Stanford University research fellow from Israel sued the university and a lab director in California federal court on Thursday, alleging that they fostered antisemitism on campus, retaliated against him for reporting discrimination and ultimately forced him to resign.
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July 10, 2025
Nonprofit Calls For Halt To Portland's Labor Peace Policy
A nonprofit providing janitorial services to the city of Portland urged an Oregon federal judge to block the city's enforcement of a requirement for the contractor to execute a labor peace agreement with a union, arguing the mandate infringes on the First Amendment by making employers stay neutral.
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July 10, 2025
Carma Says Ex-CLO, President Stole Hulk Hogan Beer Ideas
Carma HoldCo Inc. has filed a $10 million lawsuit in Illinois federal court against its former president and chief legal officer, accusing them of misappropriating its trade secrets and business plans related to "Real American" beer in a partnership with wrestler Hulk Hogan after they were terminated.
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July 10, 2025
Uber, Instacart Fight Seattle's Driver Rights Law At 9th Circ.
A Ninth Circuit panel appeared split on Thursday while hearing Uber and Instacart's challenge to a Seattle city ordinance regulating deactivation of app-based worker accounts, with the judges seemingly at odds on whether the law forced commercial speech while still unconvinced of a First Amendment violation.
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July 10, 2025
Vax Refuser Tells Jury Red Cross Mandate Was 'Unsettling'
A former nurse for the American Red Cross said the organization's requirement that employees receive a COVID-19 vaccine was "unsettling" to her and led to physical manifestations of stress, as she testified before a federal jury on Thursday that she believed receiving the injection went against her religious beliefs.
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July 10, 2025
Black Worker Claims Bias At Nuclear Safety Organization
A nuclear power safety organization repeatedly promoted white men rather than a more qualified Black woman, the worker told a Georgia federal court Thursday, claiming the group has endeavored for years to keep Black employees out of leadership positions.
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July 10, 2025
Unions Defend Block On DOGE's Social Security Data Access
The full Fourth Circuit should affirm a Maryland federal judge's decision to block the White House's Department of Government Efficiency from accessing Social Security Administration data, two unions and a retirees' advocacy group argued, saying that dissolving the injunction would violate their members' right to privacy.
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July 10, 2025
DHS Official Walks Back Testimony On Deportation Leads
A U.S. Department of Homeland Security official testified in Massachusetts federal court on Thursday that he was only "speculating" when he said during a deposition last month that the offices of border czar Tom Homan and U.S. Homeland Security Secretary Kristi Noem were behind a decision to use pro-Israel websites to source leads on potential deportation targets.
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July 10, 2025
Samsung Accused Of Retaliating Against Pregnant NJ Worker
A former senior product manager has filed a pregnancy discrimination lawsuit in New Jersey state court against Samsung Electronics America Inc. and the staffing agency cyberThink Inc., alleging she was unlawfully terminated shortly after disclosing her pregnancy and requesting modest workplace accommodations.
Expert Analysis
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Addressing PFAS Risks In Public Company Disclosures
As individual lawsuits and class actions over PFAS risks spanning multiple sectors and products increase, and rapidly evolving and often unclear regulatory initiatives on both the federal and state levels proliferate, it's more important than ever for companies to know how and when to complete PFAS-related disclosures, say attorneys at Venable.
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Takeaways From DOJ's Latest FCA Customs Fraud Intervention
The U.S. Department of Justice's recent intervention in a case alleging customs-related reverse False Claims Act fraud underlines the government’s increased scrutiny of, and importers’ corresponding exposure from, information related to product classification, country of origin and pricing, say attorneys at Bass Berry.
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4 Trends Responsible For Declining FLSA Filings
In 2024, the number of Fair Labor Standards Act claims filed in federal courts continued to decrease, reflecting a steady decline in federal FLSA filings since 2015 due to a few trends, including increased compliance and presuit resolution, say attorneys at Seyfarth.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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When Physical And Cyber Threats Converge: 6 Tips For Cos.
Amid an ongoing trend of increased digital threats of harm made against corporations, organizations and high-profile individuals, an emerging legal framework is providing a risk management road map for general counsel and their teams to navigate the increasingly fraught landscape, say attorneys at Covington.
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4 Ways To Leverage A Jury's Underdog Perceptions
Counsel should consider how common factors that speak to their client's size, power, past challenges and alignment with jurors can be presented to try and paint their client as a sympathetic underdog, says Ken Broda-Bahm at Persuasion Strategies.
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Wash. Justices' Moonlight Ruling Should Caution Employers
The Washington Supreme Court's recent decision in David v. Freedom Vans, which limited when employers can restrict low-wage workers from moonlighting, underscores the need for employers to narrowly tailor restrictive covenants, ensuring that they are reasonable and allow for workforce mobility, say attorneys at Perkins Coie.
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Why Hiring Former Jurors As Consultants Can Be Risky
The defense team's decision to hire former juror Victoria George in the high-profile retrial of Karen Read shines a spotlight on this controversial strategy, which raises important legal, ethical and tactical questions despite not being explicitly prohibited, says Nikoleta Despodova at ND Litigation.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Trump's 1st 100 Days Show That Employers Must Stay Nimble
Despite the aggressive pace of the Trump administration, employers must stay abreast of developments, including changes in equal employment opportunity law, while balancing state law considerations where employment regulations are at odds with the evolving federal laws, says Susan Sholinsky at Epstein Becker.
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Combs Case Reveals Key Pretrial Scheduling Strategies
The procedural battles over pretrial disclosure deadlines leading up to the criminal trial of Sean “Diddy” Combs show how disclosure timing can substantially affect defendants’ ability to prepare and highlight several scheduling pointers for defense counsel, says Sara Kropf at Kropf Moseley.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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A Closer Look At Amendments To Virginia Noncompete Ban
Recently passed amendments in Virignia will prohibit noncompetes for all employees who are eligible for overtime pay under federal law, and though the changes could simplify employers’ analyses as to restrictive covenant enforceability, it may require them to reassess and potentially adjust their use of noncompetes with some workers, say attorneys at McGuireWoods.