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Employment
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July 07, 2025
Gov't Says OPM Didn't Order Probationary Worker Firings
The Trump administration maintained that the U.S. Office of Personnel Management's guidance on probationary federal employees was lawful, telling a California federal judge the OPM did not order agencies to carry out a mass termination of these workers despite the claims of unions representing them.
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July 07, 2025
NJ Prosecutor's Office, State Judiciary Face Racial Bias Suit
A former Middlesex County assistant probation head is suing the Middlesex County Prosecutor's Office and the state judiciary for racial discrimination, alleging that a prosecutor undermined him at work and used racist language about him in court.
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July 07, 2025
Settlement Unlikely In Airline Group's Colo. Sick Leave Suit
An airline lobby and the state of Colorado told a federal court last week that a settlement "appears unlikely" in the airline group's case claiming the state's sick leave law is preempted by federal law.
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July 07, 2025
AI-Driven Job.com Files Ch. 11 With Almost $67M Of Debt
Artificial intelligence-powered employment recruiting platform My Job Matcher Inc., which does business as Job.com, filed for Chapter 11 in Delaware with several affiliates, listing over $66 million in liabilities and bringing a roughly $10 million bankruptcy financing proposal.
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July 07, 2025
Texas AG Paxton Drops Appeal Of $6.7M Whistleblower Award
The Texas attorney general's office has abandoned its appeal of a $6.68 million judgment awarded to a group of former deputies to Attorney General Ken Paxton who say they were fired in retaliation for reporting alleged abuses of office to the FBI.
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July 07, 2025
Feds Cite National Security As Trial Over Student Visas Begins
A Trump administration lawyer told a Massachusetts federal judge Monday that the government's decision to revoke the visas of hundreds of college students and faculty over their pro-Palestinian speech was not viewpoint discrimination but a response to what it contends are threats to national security.
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July 07, 2025
Ex-Oklahoma Pot Regulator's Discrimination Claims Tossed
An Oklahoma federal judge has thrown out discrimination claims filed by a former employee of the Oklahoma Medical Marijuana Authority in a suit alleging she was terminated for whistleblowing, saying she failed to allege that she was dismissed in retaliation for protected speech or activities.
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July 07, 2025
More NY Public Interest Attys And Advocates Authorize Strikes
Eight chapters of the Association of Legal Aid Attorneys — a union that represents thousands of public interest attorneys and advocates in the New York City metro area — have voted to authorize strikes as workers hope their sectoral bargaining strategy will lead to more favorable deals with managers.
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July 04, 2025
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen the owner of Crystal Palace and the troubled Olympique Lyonnais football clubs sue its current chief executive John Textor, Fieldfisher faces a claim by Georgian businessman Zaza Okusahvili, and a dispute partner at Travers Smith file a personal injury claim against the firm.
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July 03, 2025
BofA Beats Class Cert. Bid Over Vacation Pay, For Now
A California federal judge Thursday refused to certify three putative classes of former Bank of America employees who accused the bank of not paying them their accrued, unused vacation time, saying a proposed class representative seemingly wasn't eligible for vacation time accrual.
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July 03, 2025
139 EPA Workers Put On Leave For Letter Critical Of Trump
The U.S. Environmental Protection Agency confirmed Thursday that it had placed 139 employees on administrative leave after they signed onto a letter criticizing the Trump administration's policies as undermining the agency's "mission of protecting human health and the environment."
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July 03, 2025
Pa. DA's Office Seeks Win In Ex-Clerk's Bias Suit
A central Pennsylvania county prosecutor's office on Thursday urged a federal court to grant an early win in an ex-clerk's race discrimination suit, arguing a "single, isolated incident" in which the clerk overheard a racial slur could not be tied into her firing weeks later.
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July 03, 2025
Truck Crash Case Settles Amid Appeal Of $14M Verdict
Texas trucking companies and an injured driver have settled a nearly decade-old negligence lawsuit, ending a case that initially resulted in an $80 million verdict — later reduced to $13.7 million — but was dramatically reshaped by intervention by the state's highest court.
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July 03, 2025
Ex-Sports Agent Accused Of Trapping Woman As 'Sex Slave'
Jonathan Barnett, once named the "World's Most Powerful Sports Agent" by Forbes, is accused of forcing an Australian woman to serve as his "sex slave," while his sports agency within Creative Artists Agency ignored the "obvious red flags" of abuse, according to a lawsuit filed Wednesday in California federal court.
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July 03, 2025
CFPB Funding Cut Could Alter Injunction Calculus At DC Circ.
The steep funding cut that Republicans have passed for the Consumer Financial Protection Bureau could strengthen the Trump administration's position in its court fight to resume downsizing the agency, even if it doesn't directly resolve the legal questions at play.
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July 03, 2025
EEOC Says Calif. Supermarket Chain Obstructing Bias Probe
A California supermarket chain has refused to turn over applicant and employee data to the U.S. Equal Employment Opportunity Commission, hindering its investigation into whether the retailer discriminated against non-Hispanic workers, the agency told a federal court.
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July 03, 2025
7th Circ. Says Record Backs Accenture Win, But Bias Possible
The Seventh Circuit on Wednesday affirmed summary judgment for Accenture LLP in a Black former manager's suit alleging he was fired for complaining about racial discrimination, but noted that its finding is based on "the record and binding case law, not blindness to the reality [he] presses — that bias affected aspects of his work experience."
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July 03, 2025
3 More Athletes Appeal NCAA NIL Settlement To 9th Circ.
Two former wrestlers, including an Olympic medalist, and a former walk-on football player have joined the list of college athletes announcing plans to appeal the $2.78 billion name, image and likeness settlement with the NCAA, arguing that they are receiving far too small a portion of the compensation package.
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July 03, 2025
Plumbing Co. Seeks $25M In Coverage For ERISA Claims
A plumbing subcontractor told a California federal court that its primary insurer was improperly limiting its coverage in an employee stock ownership plan dispute, hindering its ability to tap into its full $25 million tower of management liability coverage.
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July 03, 2025
Labor Official's Firing Stands After DC Circ. Steps In
A D.C. Circuit panel stayed an order Thursday reinstating a fired member of a panel that decides federal agencies' union disputes in line with a U.S. Supreme Court order freezing out two fired leaders of other labor agencies.
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July 03, 2025
Pa. School District Fights $2.7M Fee Bid After $165K Verdict
The Central Bucks School District in Pennsylvania says counsel representing two female teachers awarded $165,000 in an equal pay lawsuit should not be given $2.7 million in fees, arguing that request is not proportionate to the result.
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July 03, 2025
Circuit-By-Circuit Recap: Justices Send Message To Outliers
It was a tough term at the U.S. Supreme Court for two very different circuits — one solidly liberal, one solidly conservative — that had their rulings overturned in eye-popping numbers. But it was another impressive year for a relatively moderate circuit that appears increasingly simpatico with the high court.
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July 03, 2025
The Moments That Shaped The Universal Injunction Case
The U.S. Supreme Court voted along ideological lines when it hindered the ability of federal district court judges to issue nationwide pauses on presidential policies, but that outcome didn't seem like a foregone conclusion during oral arguments earlier this year. What do the colloquies suggest about the justices' thinking? Here are some moments that may have swayed them.
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July 03, 2025
McCarter & English, Atty Debate Vets' Rights Law In Bias Case
McCarter & English LLP argued a veterans' rights law does not apply in a former attorney's anti-veteran discrimination suit against the firm, while the attorney fought to preserve his claims relating to the law, according to briefs they filed in New Jersey state court Thursday.
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July 03, 2025
Ex-NJ Judge's Conduct Raises Security Concerns, State Says
New Jersey is seeking a protective order to halt an ex-workers' compensation judge's "harassing" inquiries in her suit over her removal, telling a state court that her conduct over the past month raises serious concerns about the security of the individuals she is targeting.
Expert Analysis
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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.
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How Attorneys Can Make The Most Of A Deposition Transcript
With recent amendments to federal evidence rules now in effect, it’s more important than ever to make sure that deposition transcripts are clear and precise, and a few key strategies can help attorneys get the most out of a transcript before, during and after a deposition, says Allison Rocker at Baker McKenzie.