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Employment
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June 03, 2025
The Law360 400: A Look At The Top 100 Firms
A rebound in client work sent the nation’s largest law firms into growth mode last year, driving a wave of hiring, mergers and strategic moves that reshaped the top tier of the Law360 400. Here's a preview of the 100 firms with the largest U.S. attorney headcounts.
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June 03, 2025
Fired Mercedes-Benz Apprentice Drops Bias Suit
A Black former worker at Mercedes-Benz has dropped her remaining claims in a race and sex bias suit that targeted the automaker and a pair of staffing companies, wrapping up a case in which she claimed she was fired from an apprenticeship program after she complained that white men received better treatment.
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June 03, 2025
Calif. Panel Won't Restore Subclasses In Nurses' Wage Suit
Two nurses failed to back up their assertions that a hospital system similarly refused to provide their colleagues with meal and rest breaks, a California state appeals court ruled, upholding an order that decertified two subclasses in their wage suit.
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June 02, 2025
Trucking Co. Can't Ditch Ill. Suit Over Workers' Face Scans
An Illinois federal judge has refused to toss a putative class action accusing HMD Trucking Inc. of violating the state's biometric privacy law by collecting and storing drivers' face scans through cameras installed in its trucks, finding that this data qualifies as "biometric identifiers" protected by the statute and that the claims aren't preempted by federal law.
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June 02, 2025
Homeland Security Blocked From Scrapping TSA Union Deal
A Washington federal judge on Monday blocked the U.S. Department of Homeland Security from scrapping a union deal for Transportation Security Administration workers, saying the American Federation of Government Employees had a "strong" argument that DHS was retaliating for challenging the Trump administration's "attacks on federal workers."
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June 02, 2025
9th Circ. Doubts Professor's DEI Free Speech Fight
A Ninth Circuit panel appeared skeptical Monday of a professor's effort to revive his constitutional challenge of the California Community Colleges Board's diversity, equity, inclusion and accessibility regulations, with one judge noting the board hasn't enforced the rules and another judge criticizing the professor for declining to amend his suit.
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June 02, 2025
'Doctor Odyssey' Crew Sues Disney Over Sex Harassment
Disney and Twentieth Century Fox were hit with a sexual harassment and retaliation suit in California state court by crew members on the first season of the ABC series "Doctor Odyssey," alleging they were terminated after complaining about sexual harassment and hostility they endured by the department's managers.
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June 02, 2025
1st Circ. Largely Backs Convictions For Cop Union Kickbacks
The First Circuit on Monday mostly upheld the convictions of a former Massachusetts state police union president and a Beacon Hill lobbyist who were found guilty of running a kickback scheme, but ordered new sentencing hearings for them after vacating some of the guilty findings.
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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.
Expert Analysis
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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In-House Expert Testimony Is Tricky, But Worth Considering
Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.
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Issues To Watch At ABA's Antitrust Spring Meeting
Attorneys at Freshfields consider the future of antitrust law and competition enforcement amid agency leadership changes and other emerging developments likely to dominate discussion at the American Bar Association's Antitrust Spring Meeting this week.
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Tracking Changes To AI Evidence Under Federal Rules
As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.
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Navigating The Use Of AI Tools In Workplace Investigations
Excerpt from Practical Guidance
Artificial intelligence tools can be used in workplace investigations to analyze evidence and conduct interviews, among other things, but employers should be aware of the legal and practical risks, including data privacy concerns and the potential for violating antidiscrimination laws, say attorneys at Fisher Phillips.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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NLRB Firing May Need Justices' Input On Removal Power
President Donald Trump's unprecedented removal of National Labor Relations Board member Gwynne Wilcox spurred a lawsuit that is sure to be closely watched, as it may cause the U.S. Supreme Court to reexamine a 1935 precedent that has limited the president's removal powers, say attorneys at Kelley Drye.
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Trade Policy Shifts Raise Hurdles For Gov't And Cos. Alike
The persistent tension between the Trump administration's fast-moving and aggressive trade policies and the compliance-heavy nature of the trade industry creates implementation challenges for both the business community and the government, says Sara Schoenfeld at Kamerman.
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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.