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Employment
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May 29, 2025
Split 5th Circ. OKs Acting NLRB GC's Drop Of Teamsters Case
A divided Fifth Circuit panel again blessed the National Labor Relations Board's order that supported a former acting general counsel's withdrawal of an unfair labor practice complaint against two Teamsters locals, analyzing the dispute on remand from the U.S. Supreme Court.
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May 29, 2025
Car Dealership Settles Bias Case On Heels Of Recusal Bid
A Philadelphia auto dealership has resolved a former manager's suit in Pennsylvania federal court claiming her boss made inappropriate sexual remarks and propositioned her nearly every day, days after the company said a magistrate judge was inappropriately pushing it to settle.
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May 29, 2025
3 Takeaways From The Judgments On Trump's Law Firm EOs
Three federal judges have now weighed in on President Donald Trump’s executive orders targeting law firms, with each ruling in favor of the firms and deeming the orders unconstitutional. Here are three takeaways from the combined 227 pages of those judges’ conclusions.
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May 29, 2025
Senate Committee Sets June Hearing For Trump's EBSA Pick
The Senate's Health, Education, Labor and Pensions Committee will hold a hearing in early June on President Donald Trump's nominee to lead the U.S. Department of Labor's Employee Benefits Security Administration, according to a news release Thursday.
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May 28, 2025
Kevin Costner Sued By Stuntwoman Over Ad Hoc Rape Scene
Kevin Costner and the producers of the American West film series "Horizon" were sued in California state court by a stunt double who alleged she had to perform an impromptu, unscripted violent rape scene without an intimacy coordinator on set and other protocols under the actors' union contract.
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May 28, 2025
Del. Justices Won't Revive Raytheon Incentive Plan Suit
Delaware's highest court on Wednesday declined to revive a derivative suit accusing Raytheon Technologies Corp. directors of wrongly allowing a special committee to change an employee pension plan without stockholder approval, citing no support for alleged bylaw breaches or need for a stockholder vote.
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May 28, 2025
Flooring Co. Faces Trafficking, Forced Labor Suit In Ga.
An Oregon-based flooring manufacturer has been sued in Georgia federal court by a group of Chinese nationals who allege they were brought to the U.S. to work at a flooring manufacturing facility in Cartersville, Georgia, then exploited, underpaid and subjected to forced labor.
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May 28, 2025
Fla. Judge Told Pharma Co. Rival Also Stole Trade Secrets
A Florida federal judge on Wednesday denied an India-based pharmaceutical company's bid to reject a competitor's defense against a lawsuit alleging trade secrets theft by claiming its accuser is responsible for the same conduct, expressing doubt whether she can rule on such an issue.
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May 28, 2025
7th Circ. Skeptical That NCAA Eligibility Rules Restrain Trade
The Seventh Circuit on Wednesday appeared to raise doubts over a lower court's decision granting a University of Wisconsin football player another year of eligibility, questioning his claim that the National Collegiate Athletic Association's five-year rule restrains competition in violation of federal antitrust laws.
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May 28, 2025
Texas Lawyer Fined $6K For Fake AI Citations In ERISA Suit
An Indiana federal judge on Wednesday fined a Texas attorney $6,000 for filing three separate briefs using generative artificial intelligence that included fake citations in an ERISA case, imposing a personal sanction that was less than half the $15,000 fine a magistrate judge recommended.
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May 28, 2025
Amtrak Worker Admits To Part In $11M Benefits Fraud Scheme
A New Jersey-based Amtrak employee has pled guilty to participating in a conspiracy to defraud the passenger railroad's health plan for an estimated $11 million in benefits, the U.S. Attorney's Office for the District of New Jersey announced Wednesday.
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May 28, 2025
DOJ Says Justices' Ruling Backs Nursing Exec's Conviction
The U.S. Department of Justice is pointing to a recent U.S. Supreme Court ruling to bolster its fight against a new trial being sought by a convicted Nevada nursing home executive, saying that the new high court decision establishes that economic loss isn't needed to prove wire fraud.
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May 28, 2025
Fla. Ambulance Co. Must Make Missed Payments In OT Deal
An ambulance service will have to shell out the remaining $42,500 it owes to a group of emergency medical technicians and paramedics to settle their overtime after having missed payment deadlines several times, a Florida federal court ordered Wednesday.
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May 28, 2025
Ex-WWE Exec To Aid Accuser In Suit Against Vince McMahon
A former World Wrestling Entertainment executive named by a former staffer in a graphic sexual assault and trafficking suit will now cooperate with the staffer against WWE and co-founder Vince McMahon after he was dismissed from the suit Wednesday.
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May 28, 2025
Vail Ski Instructors Can't Expand Collective In Wage Suit
Snow sport instructors cannot revisit previous court orders denying class treatment in their wage and hour lawsuit against Vail Resorts, a Colorado federal judge ruled Wednesday, saying the case will proceed in its current form as a collective action.
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May 28, 2025
IUOE Ex-Leader Pardoned In DOL Disclosure Case, Attys Say
President Donald Trump has pardoned a former International Union of Operating Engineers president who was facing the prospect of six months in prison for accepting free sports tickets without disclosing their value to the U.S. Department of Labor, his attorneys told a Washington, D.C., federal judge Wednesday.
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May 28, 2025
Ex-Worker Claims NJ Law Firm Fired Her Over Maternity Leave
A former human resources manager at a New Jersey employment law firm alleged she was fired in retaliation for taking maternity leave less than one month before she was to return to work and due to receive a bonus payment.
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May 28, 2025
Ex-Texas Solicitor General Accused Of Harassment In Suit
A new lawsuit from a onetime executive assistant at Stone Hilton PLLC alleges various forms of misconduct at the firm and claims that one of its founders resigned from Texas Attorney General Ken Paxton's office amid sexual harassment allegations.
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May 28, 2025
Audacy Gig Squelched By Soros Fund, Radio Executive Says
A Connecticut radio executive who claims he played a key role in Soros Fund Management LLC's acquisition of Audacy Inc. is suing the fund and one of its leaders, saying he was boxed out of an alleged deal to become CEO or receive a 5% cut of the fund's profits.
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May 28, 2025
NJ Firm Loses Bid To Toss Worker's Wage Suit
A New Jersey personal injury law firm will not be able to escape a former employee's lawsuit alleging she was paid less than men and harassed while pregnant, a state court judge ruled, saying that she fulfilled discovery demands.
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May 28, 2025
Judge Won't Stop Ex-Copyright Office Director's Firing
A D.C. federal judge on Wednesday declined to stop the Trump administration from ousting the former director of the U.S. Copyright Office, saying the recently fired official had not shown she would be irreparably harmed absent the court's intervention.
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May 28, 2025
Orlando Fire Dept. Must Face District Chiefs' Unpaid OT Suit
High-ranking district chiefs cannot claim they are shielded from overtime pay exemptions because they are first responders, a Florida federal judge ruled, but the Orlando Fire Department has not shown that it was in the clear to deny them the premium wages.
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May 27, 2025
OneTaste Co-Founder Tells Jury Of Group's Pressure Tactics
The co-founder and former chief operating officer of OneTaste on Tuesday testified that he and ex-CEO Nicole Daedone manipulated adherents of the sexual wellness company's teachings and described how psychological pressure was used to keep workers in line, as the trial of its former top executive and the head of sales entered its third week.
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May 27, 2025
2nd Circ. Revives Girl Scouts Race Bias Claim, Rejects Others
The Second Circuit on Tuesday declined to revive claims from former officers for a New York Girl Scouts chapter who said they suffered retaliation after complaining that the group misused pandemic relief loans, but held that one plaintiff can pursue racial bias allegations.
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May 27, 2025
Colo. Justices Won't Hear Atty's Challenge To Law Firm NDA
The Colorado Supreme Court ruled Tuesday that it will not consider an attorney's petition fighting her nondisclosure agreement with a prominent local law firm, ending her argument that the agreement violated a professional rule prohibiting firms from limiting an attorney's ability to practice law after ending an employment relationship.
Expert Analysis
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Explaining CFPB's Legal Duties Under The Dodd-Frank Act
While only Congress can actually eradicate the Consumer Financial Protection Bureau, the Trump administration has sought to significantly alter the agency's operations, so it's an apt time to review the minimum baseline of activities that Congress requires of the CFPB in Title X of the Dodd-Frank Act, say attorneys at Bradley Arant.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Employer Tips To Navigate Cultural Flashpoints Investigations
As companies are increasingly flooded with complaints of employees violating policies related to polarizing social, cultural or political issues, employers should beware the distinct concerns and increased risk in flashpoints investigations compared to routine workplace probes, say attorneys at Seyfarth.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Class Actions At The Circuit Courts: March Lessons
In this month's review of class actions appeals, Mitchell Engel at Shook Hardy discusses three federal appellate court decisions and identifies practice tips from cases involving antitrust allegations against coupon processing services, consumer fraud and class action settlements.
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A Path Forward For Employers, Regardless Of DEI Stance
Whether a company views the Trump administration's executive orders ending diversity, equity and inclusion programs as a win or a loss, the change rearranges the employment hazards companies face, but not the non-DEI and nondiscriminatory economic incentive to seek the best workers, says Daniel S. Levy at Advanced Analytical Consulting Group.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Bias Suit Shows WNBA Growing Pains On Court And In Court
A newly filed disability discrimination and retaliation lawsuit against the Los Angeles Sparks is the latest in a series of employment discrimination disputes filed by WNBA professionals, highlighting teams' obligation to meet elevated workplace expectations and the league's role in facilitating an inclusive work environment, say attorneys at Michelman & Robinson.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Weathering Policy Zig-Zags In Gov't Contracting Under Trump
To succeed amid the massive shift in federal contracting policies heralded by President Donald Trump's return to office, contractors should be prepared for increased costs and enhanced False Claims Act enforcement, and to act swiftly to avail themselves of contractual remedies, says Jacob Scott at Smith Currie.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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2 Areas Of Labor Law That May Change Under Trump
Based on President Donald Trump's recent moves, employers should expect to see significant changes in the direction of law coming out of the National Labor Relations Board, particularly in two areas where the Trump administration will seek to roll back the Biden NLRB's changes, says Daniel Johns at Cozen O’Connor.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Justices' Revival Ruling In Bias Suit Exceeds Procedural Issue
The U.S. Supreme Court's recent ruling in Waetzig v. Halliburton allowed the plaintiff in an age discrimination lawsuit to move to reopen his case after arbitration, but the seemingly straightforward decision on a procedural issue raises complex questions for employment law practitioners, says Christopher Sakauye at Dykema.
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Bid Protest Spotlight: Prejudice, Injunctions, New Regulations
In this month's bid protest roundup, Markus Speidel at MoFo looks at three recent decisions that consider whether a past performance evaluation needs to show prejudice to be successfully challenged, the prerequisites for injunctive relief and the application of new regulatory requirements to indefinite-delivery, indefinite-quantity contracts.