Employment

May 14, 2025
4th Circ. Blocks Staffing Workers' Class Cert. Appeal

The Fourth Circuit will not take up an appeal of staffing firm employees challenging a North Carolina federal court's order denying a class certification bid in their minimum wage suit.
May 14, 2025
Fisher Phillips Opens Alabama Office With 6 Attorneys

Employer-side labor law firm Fisher Phillips announced Tuesday the opening of a new six-attorney office in Birmingham, Alabama, its second office opening this month.
May 14, 2025
Monitor Says Okla. Pot Agency Fired Her For Blowing Whistle

A former contract monitor for the Oklahoma Medical Marijuana Authority is suing the agency, alleging she was wrongly fired and had her file marked "no rehire," preventing her from finding other government work, in retaliation for reporting on a conflict of interest.
May 14, 2025
Payroll Co. Owner Cops To Fraud, Tax Charges

A former payroll company owner pled guilty to embezzling from her clients and failing to pay employee withholdings to the IRS on their behalf.
May 13, 2025
Judge Opts For 'Remedial Manager' To Reform Rikers Jail

A Manhattan federal judge on Tuesday stopped short of ordering a receiver to take control of Rikers Island in an effort to clamp down on incidents of excessive force against the jail population, instead opting for a "remediation manager" with more narrow powers to work in collaboration with city officials to reform the notorious jail complex.
May 13, 2025
Wells Fargo Asks 9th Circ. To Undo 'Sham' Hiring Class Cert.

Wells Fargo has asked the Ninth Circuit to intervene and undo the class certification granted to investors who have claimed that the bank's alleged practice of conducting "sham" interviews to meet diversity quotas harmed the bank's stock price when the truth came to light.
May 13, 2025
CFPB Calls Off Suit Over Walmart Driver Deposit Accounts

The Consumer Financial Protection Bureau told a Minnesota federal court Tuesday that it is dropping its enforcement lawsuit that accused Walmart and fintech company Branch Messenger Inc. of forcing delivery drivers to use costly deposit accounts to receive wages, months after the court put the case on hold.
May 13, 2025
Judge Won't Limit Foreign Aid Freeze Injunction

A D.C. federal judge on Tuesday declined to commit to lifting part of a preliminary injunction requiring President Donald Trump's administration to release funding for foreign aid work done before Feb. 13, saying a recent U.S. Supreme Court decision does not change the analysis of his ruling.
May 13, 2025
Ex-Twitter Staff Move To Force Musk's X Corp. Into Arbitration

Laid-off Twitter Inc. employees in Washington state asked a federal judge to make their ex-employer arbitrate claims that it stiffed them on severance and bonuses, saying the company now known as X Corp. has "refused to proceed with arbitration, despite having successfully blocked employees from pursuing their claims in court."
May 13, 2025
Zulily Can't Exit Laid-Off Workers' WARN Act Suit

A Washington federal judge declined Tuesday to throw out a proposed class action accusing online retailer Zulily of failing to provide advance notice of mass layoffs to remote workers in two states, finding the plaintiff workers had adequately alleged violation of the federal layoff warning law.
May 13, 2025
Judge Trims Ex-Law Student's Bias Suit Against Northwestern

An Illinois federal judge on Tuesday pared down a lawsuit brought by a Palestinian Muslim ex-law student who claims Northwestern University failed to protect her from the publication of false allegations of assault and harassment that cost her a job at DLA Piper, allowing her discrimination claim to move forward but tossing her claim of a hostile education environment.
May 13, 2025
NCAA Angles To Keep Baseball Player's Eligibility In Check

The NCAA has told a Tennessee federal court it should not reconsider overruling the organization's denial of a waiver that would have given a Division I baseball player another year of eligibility while the athlete pursues an antitrust lawsuit challenging its rules for junior college transfers.
May 13, 2025
The Man Who Ended Affirmative Action Is Just Getting Started

Nearly two years after the U.S. Supreme Court struck down affirmative action in college admissions, the legal strategist who brought the landmark case is using the ruling in a bid to end race-based programs in the public and private sectors, bolstered by allies in the executive branch.
May 13, 2025
New Report Shows Drop In Foreign Interest In US Jobs

Indeed's Hiring Lab released a new report Tuesday showing a sharp decline in foreign interest in U.S. jobs, a phenomenon the job postings website said could be attributed to rising anti-immigrant rhetoric and recent shifts in immigration policy.
May 13, 2025
Celebrity Doctor Can't Duck WWE Accuser's Info Demand

A Connecticut judge has refused to throw out a former World Wrestling Entertainment legal staffer's effort to obtain documents from a celebrity doctor who treated her amid alleged sexual abuse by Vince McMahon, finding that the state-level court has subject-matter jurisdiction over her petition for pre-litigation information.
May 13, 2025
Investment Firm Drops 2 Counts From $70M Client Poach Suit

Connecticut investment firm TJT Capital Group LLC has agreed to drop a Computer Fraud and Abuse Act count and a common-law trade secrets misappropriation claim from a lawsuit accusing a chief compliance officer of taking $70 million in assets under management with him when he left for a new job.
May 13, 2025
6th Circ. Clears Teacher To Fight Exclusion From Rehire List

The Sixth Circuit breathed new life into a teacher's lawsuit claiming a Tennessee school district unlawfully failed to place her on a reemployment candidate list after it eliminated her position, saying a trial court took too narrow a view of whether omission from the list caused harm.
May 13, 2025
IT Worker Accuses Feds Of Malware Trial Evidence 'Ambush'

A former IT worker at an Ohio power management company has asked for a new trial on charges that he intentionally corrupted his employer's computer system with malware, saying prosecutors withheld evidence until the last minute that directly rebutted a key aspect of his defense.
May 13, 2025
Buzbee Beats Suit Claiming He Coerced Client To Settle

Texas attorney Anthony Buzbee, who is making headlines by filing sexual abuse lawsuits against music mogul Sean "Diddy" Combs, has defeated a malpractice suit filed in Louisiana federal court by a ship captain alleging that the attorney pushed him to settle a work injury claim, then took 98% of the final disbursement.
May 13, 2025
CFTC Faces Sanctions For 'Bad Faith' Actions In Forex Case

The U.S. Commodity Futures Trading Commission is staring down sanctions in a case accusing a foreign exchange firm of fraud, with a special master recommending Tuesday that the agency pay the firm's legal fees for acting in bad faith in order to gain a "tactical advantage" in the case.
May 13, 2025
3rd Circ. Says Worker's Pre-Suit EEOC Filings Are Inadequate

The Third Circuit refused to revive an age bias suit from a former community college employee who claimed she was mistreated by a younger supervisor, rejecting her argument that a U.S. Equal Employment Opportunity Commission intake form and other documents qualified as her required pre-suit discrimination charge.
May 13, 2025
FTC To Keep Focus On Key Sectors, Address Personal Liberty

The head of the Federal Trade Commission's Bureau of Competition said Tuesday the agency will remain focused on healthcare, technology and labor issues as enforcers also work to ensure corporate power does not infringe on personal liberties.
May 13, 2025
Ex-Defender Can't Block Mystery Info In Sex Bias Case Appeal

The federal government can submit additional documents from a district court case record in an appeal by a former assistant public defender in North Carolina who accused the federal judiciary of sex bias, the Fourth Circuit ruled Tuesday over the assistant public defender's objections.
May 13, 2025
1st Circ. Vacates $10M Severance Win Over Drafting Error

The First Circuit threw out a judgment that valued a departing technology executive's severance payout at $10.2 million due to a mistake in the contract, ruling that the company's intended offer of $680,000 in total value could also be reasonably construed from the text of the deal.
May 13, 2025
NLRB Urges 5th Circ. To Stand By Its OK Of Exxon Vacatur

The Fifth Circuit should stand by its decision that the National Labor Relations Board correctly vacated Exxon Mobil's win in an agency case after learning that a board member who presided over the litigation had a stake in the company, the agency told the appellate court.

Expert Analysis

4 Novel Issues From The Blake Lively, Justin Baldoni Suits

A series of lawsuits arising from actress Blake Lively's sexual harassment and retaliation complaint against her "It Ends With Us" co-star, Justin Baldoni, present novel legal issues that employment and defamation practitioners alike should follow as the litigation progresses, say attorneys at Dorsey & Whitney.
E-Discovery Quarterly: Rulings On Custodian Selection

Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
Religious Accommodation Lessons From $12.7M Vax Verdict

A Michigan federal jury’s recent $12.7 million verdict against Blue Cross Blue Shield of Michigan starkly reminds employers of the risks they face when assessing employees’ religious accommodation requests, highlighting pitfalls to avoid and raising the opportunity to consider best practices to follow, say attorneys at Williams & Connolly.
What To Expect In Higher Ed Enforcement Under Trump

Colleges and universities should prepare for shifting priorities, as President-elect Donald Trump is likely to focus less on antitrust cases and more on foreign relations policy, while congressional oversight of higher education continues to increase, say attorneys at Steptoe.
Series

NY Banking Brief: All The Notable Legal Updates In Q4

In 2024's final quarter, the New York State Department of Financial Services published guidance on mitigating the rising cybersecurity risks of artificial intelligence and remote technology workers with North Korean ties, and the state attorney general launched an antitrust investigation into Capital One's proposed Discover merger, say attorneys at Haynes Boone.
How Trial Attys Can Wield Amended Federal Evidence Rules

Trial lawyers should assess recent amendments to four Federal Rules of Evidence and a newly enacted rule on illustrative aids to determine how to best use the rules to enhance pretrial discovery and trial strategy, says Stewart Edelstein, former litigation chair at Cohen & Wolf.
Series

Exercising On My Peloton Bike Makes Me A Better Lawyer

While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
Lessons From United's Axed Win In Firing Over Online Pics

In Wawrzenski v. United Airlines, a California state appeals court revived a flight attendant’s suit over her termination for linking photos of herself in uniform to her OnlyFans account, providing a cautionary tale for employers navigating the complexities of workplace policy enforcement in the digital age, say attorneys at ArentFox Schiff.
3 Factors Affecting Retail M&A Deals In 2025

Retailers considering mergers and acquisitions this year face an evolving antitrust environment, including a new administration under President-elect Donald Trump, revised merger guidelines and a precedent set last year by a canceled $8.5 billion handbag merger, say attorneys at DLA Piper.
How Trump Admin May Approach AI In The Workplace

Key indicators suggest that the incoming Trump administration will adopt a deregulatory approach to artificial intelligence, allowing states to fill the void, so it is critical that employers pay close attention to developing legal authority concerning AI tools, say attorneys at Littler.
Top 10 Legal Issues This Year For Transportation Industry GCs

General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.
Exploring Venue Strategy For Trump-Era Regulatory Litigation

Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
What 2024's Noncompete Turmoil Means For Banks In 2025

A look back at the most significant legal challenges to the enforceability of various restrictive covenants like noncompete and nonsolicitation agreements in 2024 can help financial institutions address the use of these critical tools this year, say attorneys at Maynard Nexsen.
Lessons Learned From 2024's Top FMLA Decisions

Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.
New Year, New Risks: 8 Top Cyber Issues For Finance In 2025

As financial institutions forge ahead in 2025, they must strike a delicate balance between embracing technological innovation and guarding against its darker threats, which this year could include everything from supply chain vulnerabilities to deepfakes, say attorneys at Baker Donelson.