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Employment
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January 28, 2026
Alito Rejects Bid To Pause 3rd Circ.'s Computer Fraud Ruling
U.S. Supreme Court Justice Samuel Alito on Wednesday denied a debt collection agency's request to stay a Third Circuit decision that found the Computer Fraud and Abuse Act does not support claims against employees who share work passwords.
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January 28, 2026
No Class Cert. For Ex-NFL Players In Benefits Challenge
Ten former NFL players suing the league's disability plan for denying them benefits were turned down for class certification on Wednesday by a Maryland federal judge, who said the group failed to show the commonality of the proposed class' claims.
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January 28, 2026
6th Circ. Seems Unlikely To Ax Prof's Pregnancy Bias Win
A Sixth Circuit panel appeared unmoved Wednesday by Michigan Technological University's effort to undo a former professor's pregnancy bias win but also skeptical of resurrecting additional bias and pay disparity claims that had been trimmed from the case prior to trial.
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January 28, 2026
Conn. Justices Question 'Double Recovery' In Asbestos Case
Several Connecticut Supreme Court justices on Wednesday appeared uneasy with the thought of a mesothelioma patient's estate and widow receiving a "double recovery" from private settlements and workers' compensation law payments in an illness involving both workplace and at-home asbestos exposure sources.
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January 28, 2026
PBGC Reports Rosy Outlook For Single, Multiemployer Plans
The Pension Benefit Guaranty Corp.'s program backstopping the nation's private-sector pension plans reported another year of healthy finances, with an end-of-fiscal-year surplus of more than $64 billion, the agency said.
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January 28, 2026
Employee Exodus Prompts CEO Defamation Lawsuit
Employees moving from one Turkish company to another has led to a $5.5 million defamation lawsuit between the CEOs of their American affiliates, according to a complaint filed in a federal court in Pennsylvania.
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January 28, 2026
Fed. Circ. Won't Revive MasterCard Trade Secret Claims
The Federal Circuit declined to revive trade secret theft claims Wednesday brought by a MasterCard unit against two former McKinsey consultants, agreeing with a lower court that the company had failed to identify the alleged trade secrets with enough specificity.
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January 28, 2026
Company Seeks Damages Despite Invalid Noncompetes
The Delaware Supreme Court on Wednesday probed how far employers can go in enforcing noncompete and nonsolicitation clauses tied to lucrative equity awards, pressing both sides in a dispute between Fortiline Inc. and Patriot Supply Holdings Inc. and a group of former executives on whether companies should be able to recover damages for alleged breaches even when lower courts have found the underlying restraints unenforceable.
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January 28, 2026
Solar Panel Co. Sunrun Misclassifying Sales Reps, Suit Says
Solar panel company Sunrun Inc. misclassified its sales representatives as independent contractors in violation of Massachusetts workers' compensation law, a coalition of advocacy groups alleged in a complaint filed in state court.
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January 28, 2026
Withers Launches East Coast L&E Team With Outten & Golden Trio
Withers announced Tuesday that it has launched an employment practice on the East Coast, welcoming three former Outten & Golden PC lawyers who have advised executives across a wide range of industries.
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January 28, 2026
Criminal History Law Covers Job Seeker's Suit, 3rd Circ. Says
The Third Circuit reinstated a suit Wednesday from a job applicant who said a trucking company illegally rejected him because of a past armed robbery conviction, ruling that a Pennsylvania law that sets guardrails on the consideration of criminal histories in hiring applies to his case.
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January 28, 2026
Mich. Clears Way For High School Athletes To Earn NIL Money
High school athletes in Michigan will now be allowed to profit off their name, image and likeness after state authorities unveiled a policy change to expand and emphasize "personal branding activities" for students.
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January 28, 2026
Call Center Workers Ink Wage Deal With Disability Nonprofit
A disability services nonprofit has agreed to pay $76,500 to settle a suit accusing it of failing to pay call center employees for work before shifts and during unpaid meal breaks and of miscalculating their overtime, the workers told a Virginia federal court.
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January 27, 2026
Colo. Defender Refused 'Reality' Of Overwork, Court Told
A former attorney at the Colorado public defender's office told a state court Tuesday that it underpays and overworks its employees and fired him for complaining about it, though the office responded that the reality of balancing public defenders' workloads is more nuanced than the study he cited suggested.
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January 27, 2026
'Dirty Little Secret': Airbus Sued Over Toxic Cabin Air
Airbus is putting profits over the wellbeing of flight crews and passengers by refusing to take simple actions that could mitigate the potential for engine contaminants to leak into cabin air through the plane manufacturer's air system design, according to a lawsuit filed Tuesday in New York federal court.
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January 27, 2026
Google's Allegedly Stolen AI Secrets Not Valuable, Jury Told
Former Google engineer Linwei Ding's counsel wrapped his defense case Tuesday, questioning a technical expert who told a California federal jury that the documents taken by Ding related to artificial intelligence supercomputers wouldn't allow someone to replicate Google's technology and had minimal value to competitors.
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January 27, 2026
UBS Wants Hayes' $400M Malicious Prosecution Suit Axed
UBS AG has asked a Connecticut state court to throw out former trader Tom Hayes' lawsuit that alleges the bank scapegoated him for Libor-rigging, arguing the case doesn't belong in the state and improperly seeks to punish the bank for cooperating with prosecutors.
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January 27, 2026
Starbucks VP Says She Was Fired For Flagging 'Siren' System
A former Starbucks vice president who oversaw new equipment testing claims the company terminated her for raising concerns about the debut of the "Siren" drink-making system, including that maggots spawned in the machine without proper cleaning, according to a lawsuit launched Monday in Washington state court.
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February 02, 2026
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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January 27, 2026
Citi Pushes For Arbitration In Ex-Exec's Discrimination Case
Citigroup moved Tuesday to compel arbitration of a former high-ranking director's sexual harassment and workplace discrimination claims, filing a petition in Texas federal court the day after the former executive sued the bank in New York.
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January 27, 2026
Colo. Labor Official Defends Public Union Law Constitutionality
A Colorado labor official and Gov. Jared Polis urged a federal judge Monday to toss a county's lawsuit challenging a state law expanding organizing rights for county employees, saying the law does not infringe on the First Amendment or on the federal regulation of private sector labor rights.
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January 27, 2026
Judge Taps Ex-CIA, Corrections Pro To Clean Up NYC's Rikers
A Manhattan federal judge on Tuesday named a former Vermont corrections commissioner and ex-CIA officer to take the reins of New York City's troubled Rikers Island jail system as a "remediation manager," after yearslong efforts to clamp down on incidents of excessive force against the jail population.
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January 27, 2026
Ex-GOP Aide's Work Never Changed, Bias Suit Judge Told
The Connecticut General Assembly's House Republican Office on Tuesday urged a state court judge to issue quick wins on a former Republican press secretary's discrimination and retaliation claims, saying neither an adverse employment action nor discipline occurred before the aide took an approved medical leave and resigned.
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January 27, 2026
Tyson Worker Fights To Keep Bulk Of OT Suit Alive
Tyson Foods Inc. shouldn't dodge a proposed class action accusing the company of flouting meal and rest break requirements and not paying workers correctly, a worker told a Washington federal court Monday, arguing that she supported her claims well enough at this stage of the litigation.
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January 27, 2026
Butterball Worker Wants Full 4th Circ. To Rehear Wage Case
Fourth Circuit precedent establishes that state wage and hour laws are not preempted by federal law, a Butterball turkey catcher argued, urging the full appeals court to revisit a panel's decision denying his bid to revive his wage suit.
Expert Analysis
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Athlete's Countersuit Highlights Broader NIL Coverage Issues
Former University of Georgia football player Damon Wilson's countersuit against the university's athletic association over a name, image and likeness contract offers an early view into how NIL disputes — and the attendant coverage implications — may metastasize once institutions step fully into the role of contracting and enforcement parties, says Sarah Abrams at Baleen Specialty.
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How Mamdani Will Shift NYC Employment Law Enforcement
Under Mayor Zohran Mamdani, the New York City labor law regime is poised to become more coordinated, less forgiving and more willing to test gray areas in favor of workers, with wage and hour practices, pay equity and contractor relationships among likely areas of enforcement focus, says Scott Green at Goldberg Segalla.
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Series
Judges On AI: How Courts Can Boost Access To Justice
Arizona Court of Appeals Judge Samuel A. Thumma writes that generative artificial intelligence tools offer a profound opportunity to enhance access to justice and engender public confidence in courts’ use of technology, and judges can seize this opportunity in five key ways.
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Opinion
DHS' Parole Termination Violates APA And Due Process
The U.S. Department of Homeland Security’s abrupt termination of family reunification parole programs violates both the Administrative Procedure Act and the due process rights of vetted beneficiaries who relied on the government's explicit invitation to wait in the U.S. for an immigrant visa to become available, says Abdoul Konare at Konare Law.
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Examining Privilege In Dual-Purpose Workplace Investigations
The Sixth Circuit's recent holding in FirstEnergy's bribery probe ruling that attorney-client privilege applied to a dual-purpose workplace investigation because its primary purpose was obtaining legal advice highlights the uncertainty companies face as federal circuit courts remain split on the appropriate test, say attorneys at Proskauer.
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Opinion
The Case For Emulating, Not Dividing, The Ninth Circuit
Champions for improved judicial administration should reject the unfounded criticisms driving recent Senate proposals to divide the Ninth Circuit and instead seek to replicate the court's unique strengths and successes, says Ninth Circuit Judge J. Clifford Wallace.
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4 Ways 2026 Will Shift Corporate Compliance And Ethics
As we begin 2026, ethics and compliance functions are being reshaped by forces that go far beyond traditional regulatory risk, and there are key trends that will define the landscape, with success defined less by activity and volume, and more by impact, judgment and credibility, says Hui Chen at CDE Advisors.
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How 11th Circ.'s Zafirov Decision Could Upend Qui Tam Cases
Oral argument before the Eleventh Circuit last month in U.S. ex rel. Zafirov v. Florida Medical Associates suggests that the court may affirm a lower court's opinion that the qui tam provisions of the False Claims Act are unconstitutional — which could wreak havoc on pending and future qui tam cases, say attorneys at Morgan Lewis.
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Series
Muay Thai Makes Me A Better Lawyer
Muay Thai kickboxing has taught me that in order to win, one must stick to one's game plan and adapt under pressure, just as when facing challenges by opposing counsel or judges, says Mark Schork at Feldman Shepherd.
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Series
Law School's Missed Lessons: Intentional Career-Building
A successful legal career is built through intention: understanding expectations, assessing strengths honestly and proactively seeking opportunities to grow and cultivating relationships that support your development, say Erika Drous and Hillary Mann at Morrison Foerster.
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Navigating Workplace AI When Federal, State Policies Clash
Two recent federal bills and various state laws concerning employers' artificial intelligence use may clash with an executive order calling for minimal regulation, so employers should proactively monitor their AI usage and stay apprised of legislative updates while awaiting further direction from the federal government, say attorneys at Foley & Lardner.
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Justices' Separation-Of-Powers Revamp May Hit States Next
The U.S. Supreme Court's 2024 decision in U.S. Securities and Exchange Commission v. Jarkesy quietly laid the groundwork for an expansion of the court's separation-of-powers agenda beyond the federal level, but regulated parties and state and local governments alike can act now to anticipate Jarkesy's eventual wider application, say attorneys at Troutman.
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Preparing For Congressional Investigations In A Midterm Year
2026 will be a consequential year for congressional oversight as the upcoming midterm elections may yield bolder investigations and more aggressive state attorneys general coalitions, so companies should consider adopting risk management measures to get ahead of potential changes, say attorneys at Morgan Lewis.
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Employment Immigration Trends And Challenges For 2026
U.S. companies competing for global talent should brace for a turbulent 2026, with greater compliance burdens, higher costs and the probability of workforce disruptions at every stage of the immigration process, from visa petitions to work authorization renewals, say attorneys at Duane Morris.
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Top 5 Antitrust Issues For In-House Counsel To Watch In 2026
With Trump administration enforcement policy having largely taken shape last year, antitrust issues that in-house counsel should have on the radar range from scrutiny of technology-assisted pricing to the return of merger remedies, say attorneys at Squire Patton.