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Employment
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June 05, 2025
Judge Rejects DC Bid To Toss Black Atty's Bias Suit
A D.C. federal judge allowed a city attorney's discrimination and retaliation lawsuit to proceed to discovery Thursday, rejecting the D.C. government's motion to toss the claims that a city administrative law judge discriminated against Black women and paid the plaintiff attorney less than her male peers.
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June 05, 2025
Convicted Fla. Atty Urges 11th Circ. To Reexamine Sentence
A Florida lawyer sentenced to 75 months in prison over a COVID-19 loan fraud scheme has asked the Eleventh Circuit to rehear her sentencing en banc, arguing the appellate court should reexamine the district court's so-called Keane statement allegedly disregarding sentencing guidelines.
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June 05, 2025
Foley & Lardner Says Palestine Support Didn't Doom Job Offer
Foley & Lardner LLP urged an Illinois federal judge to dismiss a bias suit by a former summer associate, arguing her job offer was rescinded not due to her Arab Muslim identity but because her public comments on Hamas' 2023 attack on Israel "violated the firm's core values" and showed "incredibly poor judgment."
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June 05, 2025
Judicial Watchdog Says Mich. Judge Created 'Climate Of Fear'
Michigan's judicial watchdog has said in a formal misconduct complaint a state judge "created a climate of fear" among court personnel that disrupted the administration of the court, "bullied" court staff and improperly dismissed criminal cases to "punish" prosecutors.
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June 05, 2025
Background Extra Says Entertainment Cos. Owe Wages
A production company and an entertainment company failed to pay background extras for all the hours they worked after forcing them to work off-the-clock and through breaks, according to a proposed class action filed in California state court.
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June 05, 2025
Insurance Agent's Firing Claims Are Duplicative, Court Told
A Connecticut insurance company wants a terminated agent's wrongful discharge claim trimmed from a lawsuit alleging he was fired for asking questions about practices he believed violated state licensing laws, saying his common-law claim duplicates a free speech claim under a state employment statute.
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June 05, 2025
DOJ Says NCAA Eligibility Rule May Benefit Student-Athletes
The U.S. Department of Justice is weighing in on the NCAA's eligibility rule, saying it is not asserting a position but asking the court to take a measured approach when considering the preliminary injunction request of a University of Tennessee basketball player.
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June 05, 2025
DOL Head Vows To Fight Wage Theft With Fewer Investigators
The U.S. labor secretary told a U.S. House committee Thursday that the Department of Labor will continue to combat wage theft even with fewer resources after President Donald Trump's administration proposed cutting the number of wage and hour investigators.
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June 05, 2025
Greenberg Traurig Lands Bracewell Employment Pro In Texas
Greenberg Traurig LLP has strengthened its labor and employment practice with the addition of a Bracewell LLP attorney in Houston, boosting the firm's ability to serve clients in the growing Texas market and beyond.
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June 05, 2025
DOL Benefits Arm Needs Turnaround, Nominee Tells Senators
President Donald Trump's pick to lead the U.S. Department of Labor's employee benefits division told a Senate panel Thursday to prepare for an overhaul of the subagency if he's confirmed, vowing to change the direction of enforcement, regulation and more.
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June 05, 2025
Ex-Wells Fargo Worker Says 'Herculean' Win Backs Fee Bid
An ex-Wells Fargo worker awarded $22.1 million in his case claiming he was fired out of disability bias defended his request for $1.5 million in attorney fees, telling a North Carolina federal court his counsel's "superior lawyering" and "herculean effort" justified the proposed award.
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June 05, 2025
Seyfarth Joins Long List Of BigLaw's China Closures
Seyfarth Shaw LLP is the latest large law firm to close an office in China, with a spokesperson confirming Thursday that the firm plans to shutter its Shanghai office later this year.
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June 05, 2025
High Court Drops Class Cert. Clarification Bid
The U.S. Supreme Court declined Thursday to weigh in on whether federal courts can certify classes that include uninjured members, holding it improperly agreed to hear a disability discrimination case against diagnostics company Labcorp that raised the important question.
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June 05, 2025
Justices Fault Wis. For Denying Tax Break To Charities
Wisconsin discriminated against a group of Catholic charities when it denied them an unemployment tax exemption, the U.S. Supreme Court said Thursday, rejecting the state's argument that the charities were not operated primarily for religious purposes.
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June 05, 2025
Justices Nix Higher Hurdle For Heterosexual Bias Claims
A unanimous U.S. Supreme Court on Thursday vacated the Sixth Circuit's ruling that plaintiffs claiming anti-heterosexual workplace discrimination need to provide extra "background circumstances" evidence, opining that it improperly imposed special standards on majority-group plaintiffs.
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June 04, 2025
OneTaste Jury Hears Of Illicit Labor Plot, As Trial Closes
A Brooklyn federal prosecutor on Wednesday told jurors that OneTaste co-founder Nicole Daedone and her former top deputy used an array of manipulative tactics, including sexual and financial abuse, to keep workers for the sexual wellness company in line, as the trial nears its end.
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June 04, 2025
1st Circ. Upholds Block On Trump's Education Dept. Job Cuts
The First Circuit on Wednesday rejected a bid by President Donald Trump to greenlight massive job cuts at the U.S. Department of Education, finding that the administration had not provided enough evidence to overturn a block put in place by a Massachusetts federal judge.
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June 04, 2025
Property Manager Fired For Complaint About Meme, Suit Says
A Texas-based property management company has been sued by a former employee in Georgia who alleged she was fired after reporting a "racially insensitive" meme sent to her by the company's acting vice president.
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June 04, 2025
DC Judge Won't Halt Education Data Collection Rollback
A D.C. federal judge refused to halt the Department of Education's cancellation of $900 million in data maintenance and collection contracts, saying it's not the court's place to "breathe life back into" large swaths of canceled programs and monitor day-to-day statutory compliance.
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June 04, 2025
Contractor Calls Migrant Workers To Its Aid In Trafficking Trial
Several migrant workers for a farm labor contracting company testified they weren't forced to turn over their passports or work 20-hour days as the company sought to defend itself against human trafficking claims before a Michigan federal jury on Wednesday.
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June 04, 2025
What To Know About Trump's Shake-Up At Copyright Office
The firing of Shira Perlmutter by President Donald Trump as the head of the U.S. Copyright Office has introduced uncertainty into the agency's operations, including whether a previously unannounced report on artificial intelligence will ever be released, and set up a fight regarding the president's power to remove and replace whoever he wants without congressional input.
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June 04, 2025
NC Biz Court Bulletin: TikTok Tussle And Merger Melee
Spring has sprung momentous decisions and quiet resolutions in some of the North Carolina Business Court's top cases, from clearing for trial the attorney general's suit over a hospital's post-merger standard of care to Cadwalader Wickersham & Taft LLP dropping its coverage dispute over a 2022 data breach.
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June 04, 2025
NJ Contractor Tells 3rd Circ. One-Man Rule Voids CBA
A New Jersey contractor told a Third Circuit panel Wednesday that it isn't obliged to negotiate over a successor collective bargaining agreement with union-represented sheet metal workers, arguing it no longer employs any workers represented by the union.
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June 04, 2025
3 Ways DOL Benefits Chief Nominee May Affect ERISA Cases
A key committee will decide Thursday whether to send President Donald Trump’s pick to lead the U.S. Department of Labor’s employee benefits arm ahead for a full Senate vote, setting the stage for what attorneys expect will be an employer-friendly shift in policies. Here are three ways Daniel Aronowitz could change benefits litigation if confirmed.
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June 04, 2025
FTC Fights Attys Who Want State Bar Input On Ethics Worries
The Federal Trade Commission doesn't want staff attorneys to be able to seek state bar association guidance if they dispute the legality of an instruction, arguing in a fight with the FTC's union that seeking such guidance would gum up the gears of commission work.
Expert Analysis
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Enviro Justice Efforts After Trump's Disparate Impact Order
The Trump administration's recent executive order directing the U.S. Department of Justice to unwind disparate impact regulations may end some Biden-era environmental justice initiatives — but it will not end all efforts, whether by state or federal regulators or private litigants, to address issues in environmentally overburdened communities, say attorneys at ArentFox Schiff.
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Disparate Impact Theory Lives On Despite Trump Order
Although President Donald Trump's recent executive order directed federal agencies to stop pursuing disparate impact claims, employers may still be targeted by private litigants' claims and should therefore stay alert to the risk that their practices may produce a disparate impact on members of a protected group, say attorneys at Duane Morris.
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Jurisdictional Issues At Play In 9th Circ.'s FCA Trade Case
A decision by the Ninth Circuit in Island Industries v. Sigma Corp. could result in the U.S. Court of International Trade’s exclusive jurisdiction over trade-related FCA cases, a big shift in the enforcement landscape just as tariffs take center stage in trade policy, say attorneys at Haynes Boone.
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Deregulation Memo Presents Risks, Opportunities For Cos.
A recent Trump administration memo providing direction to agencies tasked with rescinding regulations under an earlier executive order — without undergoing the typical notice-and-review process — will likely create much uncertainty for businesses, though they may be able to engage with agencies to shape the regulatory agenda, say attorneys at Blank Rome.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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Understanding Compliance Concerns With NY Severance Bill
New York's No Severance Ultimatums Act, if enacted, could overhaul how employers manage employee separations, but employers should be mindful that the bill's language introduces ambiguities and raises compliance concerns, say attorneys at Norris McLaughlin.
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Opinion
The IRS Shouldn't Go To War Over Harvard's Tax Exemption
If the Internal Revenue Service revokes Harvard's tax-exempt status for violating established public policy — a position unsupported by currently available information — the precedent set by surviving the inevitable court challenge could undercut the autonomy and distinctiveness of the charitable sector, says Johnny Rex Buckles at Houston Law Center.
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What Employers Should Know Ahead Of H-2B Visa Changes
Employers should be aware of several anticipated changes to the H-2B visa program, which allows employers to hire temporary foreign workers, including annual prevailing wage changes and other shifts arising from recent U.S. Supreme Court decisions and the new administration, say Steve Bronars and Elliot Delahaye at Edgeworth Economics, and Chris Schulte at Fisher Phillips.
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Opinion
Int'l Athletes' Wages Should Be On-Campus Employment
The U.S. Department of Homeland Security should recognize participation in college athletics by international student-athletes as on-campus employment to prevent the potentially disastrous ripple effects on teams, schools and their surrounding communities, says Catherine Haight at Haight Law Group.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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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.