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Employment
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June 02, 2025
Feds Say Groups' AmeriCorps Dispute Belong In Claims Court
The Trump administration is fighting a bid by more than a dozen nonprofits to block the firing of thousands of AmeriCorps employees and the cancellation of $400 million in grants and programs, arguing that the allegations can only be addressed by the U.S. Court of Federal Claims.
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June 02, 2025
Jenner & Block Ruling 'Meant What It Said,' Judge Tells Feds
The order striking down the Trump administration's executive order targeting Jenner & Block LLP "meant what it said," a Washington, D.C., federal judge ruled Monday, saying the government must rescind enforcement of all parts of the president's directive.
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June 02, 2025
Trump Renews Call For Justices To Lift Gov't Overhaul Pause
President Donald Trump asked the U.S. Supreme Court on Monday to lift a California federal judge's order barring the implementation of layoffs and reorganization plans at various federal departments and agencies, arguing the order imposes nonexistent congressional limits on his presidential authority.
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June 02, 2025
Nursing Exec Says DOJ Misapplied Justices' Fraud Ruling
A Nevada nursing home executive convicted of wage-fixing and wire fraud has told a Nevada federal judge that a recent U.S. Supreme Court ruling in a fraud case doesn't preclude his motion for a new trial, contrary to what the U.S. Department of Justice has argued.
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June 02, 2025
Fla. Judge Ends Ex-Bank CEO's Fraud Claims In Ponzi Case
A Florida state court judge on Monday ended a long-running suit by a former bank CEO who claims he was set up as a scapegoat in the legal fallout of attorney Scott Rothstein's $1.2 billion Ponzi scheme, dismissing the ex-CEO's fraud and negligent misrepresentation claims.
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June 02, 2025
Amazon Gets Sex Bias Claims Cut From Ex-Worker's Bias Suit
Amazon escaped part of a former executive assistant's lawsuit alleging he was passed over for promotions and belittled by a supervisor because he's Black and gay, with a Georgia federal judge on Monday adopting a report that found several of his claims were filed too late.
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June 02, 2025
8th Circ. OKs Nix Of Suit On Iowa's Quitting Of COVID Benefits
The Eighth Circuit backed the dismissal of a proposed class action claiming Iowa violated workers' rights by prematurely pulling out of federal pandemic unemployment assistance programs, ruling Monday that the benefits they sought weren't protected by the U.S. Constitution.
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June 02, 2025
Mass. AG Fines Restaurant $1.8M For Illegal Tip Pool
A Japanese restaurant will pay more than $1.8 million to resolve an investigation into its requirement that service workers share their tips with managerial employees, the Massachusetts attorney general announced Monday.
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June 02, 2025
3rd Circ. Backs Religious Bias Suit Over Fire Dept. Beard Ban
The Third Circuit ruled that Atlantic City, New Jersey, may have been able to accommodate a fire department worker who wanted to grow a beard under his Christian beliefs, partially reinstating the worker's suit claiming he was illegally denied a carveout to the grooming policy.
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June 02, 2025
Twitter Must Search Email, Slack Records In Severance Spat
Fired Twitter executives can force the social media company to comb through emails and Slack channels for specific terms to support their lawsuit alleging they are owed $200 million in severance, a California federal judge ruled, rejecting the company's argument that the searches would be overly burdensome.
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June 02, 2025
Union Loses Atty DQ Bid In NJ Wrongful Termination Dispute
A longshoremen's union has lost its bid to disqualify an attorney from representing a former member in a wrongful termination suit in New Jersey federal court that alleges the union gave him bad advice that prevented him from properly fighting claims that led to his termination.
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June 02, 2025
Class Action Seeks Compensation For High School Athletes
The yearslong battle for college athletes to earn compensation for their labor and likeness rights has trickled down to the high school ranks, with a new proposed class action targeting a slew of monetary restrictions imposed by California's high school sports governing body.
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June 02, 2025
Defamation Litigation Roundup: Cheetos, NASCAR, OpenAI
In this month's review of ongoing defamation fights, Law360 looks back on developments in a man's case against Frito-Lay Inc. over what he called the company's defamatory statements disputing his role in the invention of a flavor of Cheetos.
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June 02, 2025
Jackson, Sotomayor Bristle As High Court Skips Bias Suit
The U.S. Supreme Court's decision Monday to pass on a Black dancer's race discrimination case sparked objections from Justices Ketanji Brown Jackson and Sonia Sotomayor, who said the Fifth Circuit's conclusion that the performer filed suit too late was "patently erroneous."
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June 02, 2025
High Court To Review Soldier's Injury Claims Against Fluor
The U.S. Supreme Court on Monday agreed to review a veteran's lawsuit against defense contractor Fluor Corp. over injuries sustained in a 2016 suicide bombing in Afghanistan, after a divided Fourth Circuit affirmed the dismissal of the former Army specialist's claims.
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June 02, 2025
Justices To Probe GEO's Immunity Claim In Forced Labor Suit
The U.S. Supreme Court on Monday agreed to take up GEO Group Inc.'s bid for review of a Tenth Circuit decision dismissing the private prison company's immediate appeal of an adverse immunity determination in a forced labor class action.
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May 30, 2025
Split 9th Circ. Won't Unblock Trump's Gov't Overhaul
A split Ninth Circuit on Friday refused to lift a California federal judge's preliminary block of President Donald Trump's executive order directing layoffs at federal agencies, handing a win to a coalition of unions, nonprofits and cities that argue the order exceeded the president's authority.
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May 30, 2025
Wheeling & Appealing: The Latest Must-Know Appellate Action
Saying that June's circuit court calendars include important arguments in all practice areas would be hyperbolic — but just slightly. That's because significant showdowns are imminent involving appellate procedure principles, "click-to-cancel" rules, government procurement protests, judiciary employment protections and litigation risk insurance — as well as President Donald Trump's felony convictions and extraordinary deportation measures.
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May 30, 2025
Wash. High Court Relaxes Standard For Worker Illness Suits
Washington's highest court has lowered the bar for employees to sue over work-related illnesses, finding that in cases of latent diseases such as mesothelioma, a worker has a valid claim if they show their employer was "virtually certain" that the malady would develop.
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May 30, 2025
NJ Panel Upholds Unemployment Benefits Claims For Strikers
A New Jersey state appeals court on Friday supported a state employment board's conclusion that Teamsters-represented workers at a concrete manufacturing company who went on strike are eligible for unemployment benefits, finding federal labor law does not preempt the state agency's decision.
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May 30, 2025
Employment Authority: The Future Of NY Late Pay Claims
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with a look at how the amended New York's pay frequency law leaves an uncertain future for manual worker claims, how a recent National Labor Relations Board charge challenging a production company's use of artificial intelligence to voice Darth Vader in a video game highlights AI-related challenges and how, despite Trump's push, Congress might be needed to make changes on workplace vaccine mandates
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May 30, 2025
Calif. Card Rooms Say AG's Gambling Regs Will Gut Local Biz
A gambling advocacy group has said proposed regulations against the California card room industry by the state's attorney general would eliminate 50% of the rooms' jobs and revenue, arguing that the plan to ban blackjack and baccarat may hurt local economies around the state.
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May 30, 2025
Ex-Wells Fargo Exec Sues To Enforce DOL Retaliation Order
A former senior official with Wells Fargo Bank NA has filed suit in a California federal court to force the bank to comply with an order from a U.S. Department of Labor agency finding he is entitled to more than $20 million for purported retaliation after he blew the whistle on legal concerns and was subsequently fired.
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May 30, 2025
Solar Energy Co. Hits Ex-Employees With Trade Secrets Suit
A solar energy company has sued four former employees in New Jersey federal court, claiming one of them altered his name to conceal criminal history, then left to start a competing company, and that three others aided him in taking trade secrets on his way out.
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May 30, 2025
Insurance Cos. Can't Force Arbitration Of Race, Sex Bias Suits
American Income Life Insurance Co. and a brokerage firm can't make Black and female former employees arbitrate several lawsuits claiming they were forced to endure rampant harassment, a New Jersey state appeals court ruled Friday, saying the workers' arbitration agreement didn't properly explain what they were giving up.
Expert Analysis
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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DOJ Immigration Playbook May Take Cues From A 2017 Case
A record criminal resolution with a tree trimming company accused of knowingly employing unauthorized workers in 2017 may provide clues as to how the U.S. Department of Justice’s immigration crackdown will touch American companies, which should prepare now for potential enforcement actions, says Jonathan Porter at Husch Blackwell.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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How Justices Rule On Straight Bias May Shift Worker Suits
Following oral argument at the U.S. Supreme Court in Ames v. Ohio Department of Youth Services, in which a heterosexual woman sued her employer for sexual orientation discrimination, the forthcoming decision may create a perfect storm for employers amid recent attacks on diversity, equity and inclusion, say attorneys at Proskauer.
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Rebuttal
6 Reasons Why Arbitration Offers Equitable Resolutions
Contrary to a recent Law360 guest article, arbitration provides numerous benefits to employees, consumers and businesses alike, ensuring fair and efficient dispute resolution without the excessive fees, costs and delays associated with traditional litigation, say attorneys at Proskauer.
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PG&E Win Boosts Employers' Defamation Defense
A California appeals court's recent Hearn v. PG&E ruling, reversing a $2 million verdict against PG&E related to an ex-employee’s retaliation claims, provides employers with a stronger defense against defamation claims tied to termination, but also highlights the need for fairness and diligence in internal investigations and communications, say attorneys at Kaufman Dolowich.
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Jurisdiction Argument In USAID Dissent Is Up For Debate
A dissent refuting the U.S. Supreme Court’s recent order directing the U.S. Agency for International Development to pay $2 billion in frozen foreign aid argued that claims relating to already-completed government contract work belong in the U.S. Court of Federal Claims – answering an important question, but with a debatable conclusion, says Steven Gordon at Holland & Knight.
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How Importers Can Minimize FCA Risks Of Tariff Mitigation
False Claims Act risks are inherent in many tariff mitigation strategies, making it important for importers to implement best practices to identify and report potential violations of import regulations before they escalate, says Samuel Finkelstein at LMD Trade Law.
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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.