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Employment
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June 10, 2025
Blue States Back Harvard In $2.2B Funding Freeze Fight
A coalition of 20 states and the District of Columbia filed a brief supporting Harvard University's bid for a pretrial win in its challenge to the Trump administration's move to freeze $2.2 billion in funds, telling a Massachusetts federal judge that the president's attacks on universities are "an attack on the states themselves."
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June 10, 2025
Drivers Say FedEx Is Employer, Liable For Unpaid OT
FedEx exercised substantial control over drivers' jobs, two former workers told a Pennsylvania federal court, urging it to find that the delivery company acted as their joint employer and is therefore on the hook for what they said are unpaid overtime wages.
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June 10, 2025
Atlanta Drag Bar Agrees To $50K Deal In Wage Suit
An Atlanta bar that provides drag show entertainment has agreed to pay $50,000 to end a performer's proposed collective action alleging it failed to pay minimum wage and overtime, and both parties urged a Georgia federal court to greenlight the deal.
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June 09, 2025
Bedoya Exits FTC, But Keeps Up Legal Fight Against Trump
Alvaro M. Bedoya, one of two Democratic Federal Trade Commission members fired by President Donald Trump, gave notice Monday of his formal resignation in order to pursue other work, but emphasized that he is not dropping his lawsuit against the president.
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June 09, 2025
Judge Rebukes Navy Vet's Counsel In VA Malpractice Trial
A Washington federal judge narrowed the scope of a Navy veteran's medical malpractice case against the federal government on Monday, chiding her counsel for trying to change a years-old expert opinion on the eve of a long-awaited bench trial and "wasting" time on unnecessary questioning.
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June 09, 2025
Blake Lively, NYT Defeat 'It Ends With Us' Defamation Claims
A New York federal judge on Monday threw out Justin Baldoni's defamation claims against his "It Ends With Us" costar Blake Lively, her husband Ryan Reynolds and The New York Times, among others, ruling that Baldoni hasn't plausibly alleged any statements were made or reported maliciously.
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June 09, 2025
Unions Win Injunction In OPM, DOGE Privacy Suit
A New York federal judge on Monday granted a preliminary injunction bid against the U.S. Office of Personnel Management in a lawsuit accusing it of unlawfully disclosing employees' personal information to the Department of Government Efficiency, saying OPM granted broad access to the information despite there being no "credible need."
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June 09, 2025
Florida Will Ask 11th Circ. To Revive Trans Health Suit
The state of Florida indicated Friday it will ask the Eleventh Circuit to reopen its lawsuit against the U.S. Department of Health and Human Services challenging a rule setting coverage requirements on employers for gender-affirming care, despite the new administration's reversal on the rule.
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June 09, 2025
Emirates Ex-Workers Seek Class Certification In Layoff Suit
A group of Emirates ex-employees who lost their jobs during the COVID-19 pandemic asked a New York federal judge to certify their lawsuit against the airline as a class action, saying their discrimination, benefits and WARN Act claims apply to many ex-workers and should be processed collectively.
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June 09, 2025
Pilot Says American Airlines Skimped On Long-Term Disability
A disabled pilot accused American Airlines and its third-party administrator of systematically miscalculating workers' long-term disability benefits by excluding certain forms of compensation from their monthly benefit calculations, according to a suit filed in Texas federal court.
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June 09, 2025
Mediation Fails To End 'Sham' Hiring Suit Against Wells Fargo
Wells Fargo and a class of investors accusing the bank of conducting "sham" job interviews to meet diversity targets that later triggered a stock price drop have told a California federal judge that the mediation they attempted last month did not result in a settlement.
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June 09, 2025
Veteran Appeals VA Discontinuation Of Trans Health Coverage
A transgender woman urged a veterans appeals court Monday to find that the Veterans Health Administration is wrongly refusing to refill her prescriptions for hormone therapy following a federal notice discontinuing gender-affirming care for veterans.
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June 09, 2025
Panini Wants Renewed Claims From Fanatics Tossed
Trading card company Panini told a New York federal court Fanatics Inc. is trying to distract from allegations it monopolized the sports trading card market by rehashing previously rejected claims that Panini interfered with licensing negotiations.
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June 09, 2025
DC Judge Won't Intervene In CPB Board Firings
A D.C. federal judge declined to block President Donald Trump's attempt to fire three members of the Corporation for Public Broadcasting's board, ruling that Trump likely had authority to remove them while noting the CPB has since changed its own rules to protect its members from removal moving forward.
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June 09, 2025
Feds Approve Mont. Coal Mine Expansion Amid Controversy
The Interior Department has said it will expand by nine years the mining plan for a Montana coal mine at the center of litigation over the mine's environmental impacts, authorizing Signal Peak Energy to recover 57 million tons of coal in a move that aligns with the Trump administration's energy emergency directive.
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June 09, 2025
Senators Seek Probe Into SEIU Leader's Arrest At ICE Raid
Three Democratic senators called on the U.S. Department of Homeland Security and U.S. Department of Justice on Monday to provide legal justification for the arrest of the president of a Service Employees International Union affiliate in California during an immigration enforcement raid last week.
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June 09, 2025
Doc Says WWE Accuser's Firm Ignored Defamation Suit
A celebrity doctor and his practice are seeking a default win in Connecticut federal court Monday against an allegedly nonresponsive law firm over comments a partner made amid a discovery dispute connected to the sexual abuse case a former World Wrestling Entertainment legal staffer is pursuing against the company and its co-founder.
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June 09, 2025
Ohio Manufacturer Fined $500K For Fatal OSHA Violation
A Grove City, Ohio, concrete plant will pay a $500,000 fine for failing to have "lockout" procedures that would have prevented a worker from being fatally crushed by a pneumatic door on a cement mixer in 2020, federal prosecutors said Monday.
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June 09, 2025
FEMA Dodges Atty's Bias And Retaliation Suit, For Now
A California federal judge dismissed an attorney's lawsuit alleging two federal agencies fired her after she complained that a male colleague harassed her, saying the excessive length and repetitiveness of her claims makes an adequate response a "practical impossibility."
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June 09, 2025
Ex-Yale IT Worker Pulls Payroll Schedule Class Claims
A proposed Connecticut class action accusing Yale University of paying salaried employees on a monthly basis, rather than weekly or bi-weekly as required by state law, has been withdrawn, court records show.
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June 09, 2025
Justices Urged To Keep Pause On 'Breakneck' Gov't Overhaul
The U.S. Supreme Court should leave in place a California federal judge's order barring implementation of layoffs and reorganizations at various federal departments and agencies, several unions and nonprofits argued Monday, claiming a decision allowing the changes would irreversibly harm the federal government and render Congress and the judiciary powerless.
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June 09, 2025
2nd Circ. Nixes Doc's Power Of Atty Deal In Patient ERISA Suit
The Second Circuit ruled Monday that a doctor couldn't use a power-of-attorney arrangement to sue on behalf of a patient who said their union's health plan illegally stuck them with a $150,000 medical bill, but directed a trial court to determine if the patient can pursue the case.
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June 09, 2025
Sales Executive's Commissions Were Wages, NJ Panel Rules
A New Jersey trial court made a mistake when it ruled that commissions are not wages, a state appeals panel said Monday, reviving a sales executive's wage and hour suit against a technology services company.
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June 09, 2025
Judge Tosses Whistleblower Suit Against Pot Tracking Co.
An Oregon federal judge on Monday dismissed a whistleblower action against Metrc, a company that provides product tracking services for a majority of U.S. regulated cannabis markets, after determining that the issues in the dispute were in play in a prior lawsuit.
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June 09, 2025
OneTaste Leaders Convicted Of Forced Labor Conspiracy
A federal jury in Brooklyn on Monday convicted the co-founder of sexual wellness company OneTaste and her former deputy of forced labor charges in a case alleging they used psychological and sexual abuse to coerce workers into providing labor and services.
Expert Analysis
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Wash. Justices' Moonlight Ruling Should Caution Employers
The Washington Supreme Court's recent decision in David v. Freedom Vans, which limited when employers can restrict low-wage workers from moonlighting, underscores the need for employers to narrowly tailor restrictive covenants, ensuring that they are reasonable and allow for workforce mobility, say attorneys at Perkins Coie.
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Why Hiring Former Jurors As Consultants Can Be Risky
The defense team's decision to hire former juror Victoria George in the high-profile retrial of Karen Read shines a spotlight on this controversial strategy, which raises important legal, ethical and tactical questions despite not being explicitly prohibited, says Nikoleta Despodova at ND Litigation.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Trump's 1st 100 Days Show That Employers Must Stay Nimble
Despite the aggressive pace of the Trump administration, employers must stay abreast of developments, including changes in equal employment opportunity law, while balancing state law considerations where employment regulations are at odds with the evolving federal laws, says Susan Sholinsky at Epstein Becker.
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Combs Case Reveals Key Pretrial Scheduling Strategies
The procedural battles over pretrial disclosure deadlines leading up to the criminal trial of Sean “Diddy” Combs show how disclosure timing can substantially affect defendants’ ability to prepare and highlight several scheduling pointers for defense counsel, says Sara Kropf at Kropf Moseley.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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A Closer Look At Amendments To Virginia Noncompete Ban
Recently passed amendments in Virignia will prohibit noncompetes for all employees who are eligible for overtime pay under federal law, and though the changes could simplify employers’ analyses as to restrictive covenant enforceability, it may require them to reassess and potentially adjust their use of noncompetes with some workers, say attorneys at McGuireWoods.
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How Attorneys Can Make The Most Of A Deposition Transcript
With recent amendments to federal evidence rules now in effect, it’s more important than ever to make sure that deposition transcripts are clear and precise, and a few key strategies can help attorneys get the most out of a transcript before, during and after a deposition, says Allison Rocker at Baker McKenzie.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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IRS And ICE Info Sharing Could Drive Payroll Tax Enforcement
Tax crimes are historically difficult to prosecute, but the Internal Revenue Services’ recent agreement with U.S. Immigration and Customs Enforcement to share taxpayer records of non-U.S. citizens could be used to enhance payroll tax-related enforcement against their employers, say attorneys at Holland & Knight.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Maximizing Employer Defenses After Calif. Meal Waiver Ruling
A California state appeals court's recent decision in Bradsbery v. Vicar Operating, finding that revocable meal period waivers prospectively signed by employees are enforceable, offers employers four steps to proactively reduce their exposure to meal period claims and bolster their defenses in a potential lawsuit, say attorneys at Fisher Phillips.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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Independent Contractor Rule Up In The Air Under New DOL
In several recent court challenges, the U.S. Department of Labor has indicated its intent to revoke the 2024 independent contractor rule, sending a clear signal that it will not defend the Biden-era rule on the merits in anticipation of further rulemaking, say attorneys at Jackson Lewis.