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Employment
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May 19, 2025
Ex-Seton Hall President Says University Seeks To 'Muzzle' Him
Seton Hall University's former president told a New Jersey state court that he should be allowed to take part in an investigation into whether the school's current president knew of sexual abuse allegations and failed to report them.
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May 19, 2025
'Self-Dealing' Ex-CEO Must Lose Theft Case, Biotech Says
The fired CEO of a Wyoming-based flavoring and aromas business engaged in "clear self-dealing" by transferring hundreds of thousands of dollars to himself after refusing to work, the company said Monday in seeking summary judgment in its Connecticut lawsuit against him.
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May 19, 2025
Split DC Circ. Pauses Halt On Trump's Union Rights Order
A divided D.C. Circuit panel greenlighted President Donald Trump's request to pause a lower court decision that blocked the implementation of an executive order aimed at ending collective bargaining rights for federal employees, concluding the injunction ruling "ties the government's hands."
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May 19, 2025
Ex-Staffer Fights NJ Law Firm Blume Forte's Arbitration Bid
A former staff member who is suing personal injury law firm Blume Forte Fried Zerres & Molinari PC, alleging disability discrimination, is disputing an assertion that she signed a valid arbitration agreement with the firm, arguing that any such agreement is unenforceable in New Jersey state court.
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May 19, 2025
Ex-Litigator Settles Disability Bias Suit Against Wilson Elser
A former Wilson Elser Moskowitz Edelman & Dicker LLP litigator on Monday agreed to permanently drop his federal disability bias suit against the firm, after the sides came to a confidential resolution.
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May 19, 2025
Pepsi Arbitration Costs Bid Not For Court, Workers Say
A Pepsi distributor told a New York federal court that forcing him to pay arbitration-related costs in a wage case against the company would undermine federal and state wage laws' protective purposes, urging the court to deny the company's request to enforce the terms of the arbitration pact.
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May 19, 2025
'Stark' Pay Data May Revive NY Court Interpreters' Bias Suit
Second Circuit judges Monday signaled interest in reviving a pay discrimination case brought by interpreters working for the New York State Unified Court System, as one jurist remarked on "stark" data showing they're "underpaid" and voiced curiosity about what discovery might reveal.
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May 19, 2025
Justices Won't Hear White Ga. Coach's Bias Suit
The U.S. Supreme Court on Monday declined to review an Eleventh Circuit decision that ended a white Georgia high school football coach's claims that Black school board members declined to renew his contract on account of his race.
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May 16, 2025
DC Circ. Judges Skeptical Of Blockade On CFPB Mass Layoffs
A D.C. Circuit panel majority Friday sounded inclined to lift lower court restrictions on what the Trump administration contends is its lawful push to "radically downsize" the Consumer Financial Protection Bureau, potentially clearing the way for mass layoffs of its staff.
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May 16, 2025
ASPCA Ex-CFO Links Firing To His Whistleblower Complaints
The former chief financial officer of the American Society for the Prevention of Cruelty to Animals has alleged that he was fired in retaliation for raising questions about the nonprofit's expenditure of donor funds and misuse of animal transport vehicles, in violation of New York's whistleblower law and New Jersey's Conscientious Employee Protection Act.
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May 16, 2025
Workday Hiring Bias Suit Wins Collective Status
A California federal judge on Friday agreed to certify a collective action of job applicants over 40 who claim they were illegally steered away from jobs by a Workday hiring tool, finding that whether Workday discriminated on the basis of age is a question that "cuts across" the collective.
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May 16, 2025
Zurich American Says Ex-Liability Head Poached Workers
Zurich American Insurance Co. has sued its former New York City-based head of management liability for allegedly poaching two employees by luring them to rival Everest Insurance when he took a new gig there, in violation of a one-year nonsolicitation agreement.
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May 16, 2025
NJ Transit Calls Unions' Refusal To Cross Picket Line Unlawful
NJ Transit has hit two unions with lawsuits in New Jersey federal court over a rail strike that began Friday, accusing a Teamsters unit and the American Train Dispatchers Association of violating the Railway Labor Act by refusing to cross another Teamsters unit's picket line.
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May 16, 2025
SEC's Atkins Previews Possible Changes To CEO Pay Rules
U.S. Securities and Exchange Commission Chair Paul Atkins announced Friday the agency plans to review rules requiring public companies to report the earnings of CEOs and other high-level executives, highlighting a possible area of regulatory change for the now Republican-led commission.
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May 16, 2025
Employment Authority: What Unions Face With Trump EOs
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with labor relations experts' take on tactics unions need as they face impacts from President Donald Trump's executive orders, a look at ongoing lawsuits from the legal strategist who pursued the U.S. Supreme Court case that ended affirmative action in college admissions and tips for handling the update to New York's frequency of pay law.
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May 16, 2025
Trump Calls On Justices To Stay Block Of Gov't Restructuring
President Donald Trump asked the U.S. Supreme Court on Friday to pause a California federal judge's order temporarily halting agencies from implementing an executive order to plan reorganizations and reductions in force, claiming the lower court's decision has caused confusion and wasted taxpayer dollars.
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May 16, 2025
NLRB Acting GC Narrows Remedy Asks In Settlement Talks
National Labor Relations Board acting general counsel William Cowen instructed regional officials on Friday to exercise more discretion over the remedies they pursue when seeking to settle cases, walking back instructions from his predecessor to seek maximum remedies in settlements.
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May 16, 2025
DC Circ. Probes Agency Power In Labor Firings Appeal
A D.C. Circuit panel grappled Friday with the extent of the president's power to fire federal officials with the U.S. Supreme Court's views in flux, with two judges straining to pin the government's attorney down on what divides agencies Congress can insulate and those it can't.
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May 16, 2025
Mich. Judge Gives Final OK To $55M Pandemic Aid Deal
A Michigan state judge has granted final approval to a $55 million settlement between the Michigan Unemployment Insurance Agency and people who allege their benefits were improperly clawed back without notice during the pandemic.
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May 16, 2025
Insurer Asks 7th Circ. To Revise BIPA Coverage Ruling
A Hanover Insurance unit urged the Seventh Circuit on Friday to revise a ruling that it must indemnify a condiment manufacturer in an underlying biometric privacy suit if notice was timely, saying the court improperly relied on a settlement that wasn't part of the trial record.
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May 16, 2025
Illumina Accuses Ex-Workers' Co. Of Infringing Gene Tech IP
Biotechnology giant Illumina Inc. filed a lawsuit Thursday against Element Biosciences in Delaware federal court, accusing the company founded by former Illumina employees of infringing five patents related to automated gene sequencing technology.
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May 16, 2025
Off The Bench: NIL Objectors, NFL's Bluesky Beef, Dick's Deal
In this week's Off The Bench, the NCAA's pending $2.78 billion name, image and likeness rights settlement faces another round of objections, the NFL shreds an antitrust suit accusing it of boycotting Bluesky and retail giant Dick's Sporting Goods makes a 10-figure splurge for Foot Locker.
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May 16, 2025
9th Circ. Upholds California's Employee Classification Test
California's worker-friendly employee classification test doesn't violate the dormant commerce and equal protection clauses of the U.S. Constitution, the Ninth Circuit ruled Friday, upholding the lower court denial of a preliminary injunction.
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May 16, 2025
Merchandising Co., Ex-Exec Drop Suit Over $47M Lowe's Deal
A merchandising company has dropped its lawsuit against a former executive it accused of exploiting trade secrets to sabotage a $47 million deal with home improvement giant Lowe's, according to a stipulation of dismissal filed Thursday.
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May 16, 2025
9th Circ. Won't Reopen Ex-Police Officer's Religious Bias Suit
The Ninth Circuit refused to revive a former police officer's lawsuit claiming an Arizona town fired him because it believed he was a member of the Fundamentalist Church of Jesus Christ of Latter-Day Saints, saying his allegations weren't detailed enough to stay in court.
Expert Analysis
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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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.