Employment

  • May 20, 2025

    Cigna Accused Of Mismanaging Retirement Plan Funds

    Cigna has been unlawfully putting its own interests above those of a 401(k) plan's participants by using forfeited plan funds to reduce company contributions, despite experiencing "significant financial performance," a putative class action filed Tuesday in Pennsylvania federal court alleges.

  • May 20, 2025

    Split 5th Circ. Clears Ex-Texas Tech Dean In Free Speech Suit

    A split Fifth Circuit panel ruled Tuesday that the qualified immunity doctrine shields a former Texas Tech University business school dean from First Amendment claims brought by a professor who alleged he was retaliated against for his anti-tenure views, while a dissenting judge criticized the majority for their truncated qualified-immunity analysis.

  • May 20, 2025

    Venezuelan Nationals' RICO Suit Asserting Defamation Tossed

    A Florida federal judge has dismissed racketeering and other claims against a director of Venezuela's state-owned oil company and others after determining that the suit accusing them of engaging in a defamatory campaign to smear civic leaders is a shotgun pleading.

  • May 20, 2025

    High Court Precedent Blocks FTC Commish Firings, Judge Told

    A pair of recently fired Federal Trade Commission members sparred with the administration in D.C. federal court on Tuesday, with the judge raising questions about which Supreme Court precedent really holds in this dispute.

  • May 20, 2025

    Wash. Judge Doubts T-Mobile Worker's Birthday Bias Stance

    A Washington federal judge expressed skepticism on Tuesday with a former T-Mobile employee's contention that her manager's failure to wish her a happy birthday bolstered her case against the company, questioning any nexus to discrimination.

  • May 20, 2025

    Nonprofits Seek To Block 'Sweeping' AmeriCorps Cuts

    A number of education, environmental and housing nonprofits have asked a Maryland federal judge to block the firing of thousands of AmeriCorps employees and the cancellation of $400 million to its programs, saying the move violates core constitutional principles regarding separation of powers that have already had severe consequences.

  • May 20, 2025

    Gov't Says Unions Too Slow In Calling For Halt Of Restructure

    President Donald Trump called for a California federal judge to tank an injunction bid from unions and advocacy groups about his executive order instructing agencies to plan for reductions in force, arguing the request was delayed and the district court lacks jurisdiction.

  • May 20, 2025

    Injunction On Trump Order Limited To Perkins, Judge Clarifies

    A D.C. federal judge on Tuesday clarified the scope of her injunction blocking President Donald Trump's executive order targeting Perkins Coie LLP, explaining that her ruling prohibits the president from directing government agencies to investigate only Perkins Coie's employment practices and not the other BigLaw firms.

  • May 20, 2025

    Pennsylvania Biz Owner Cops To COVID Fraud Schemes

    A Pennsylvania business owner on Tuesday admitted to running fraud schemes targeting government business pandemic relief programs that could result in a maximum $3.25 million fine, according to the U.S. attorney's office in Philadelphia.

  • May 20, 2025

    4th Circ. Won't Revive Md. Retirees' Drug Benefits Case

    The Fourth Circuit backed Maryland's defeat of a proposed class action alleging it broke promises made to retirees when it transitioned their prescription drug benefits to Medicare Part D, saying Tuesday that a lower court was right to toss the case.

  • May 20, 2025

    Ga. Craft Brewery Hit With Unpaid Wages Suit

    A Georgia craft brewery and its owner have been sued in federal court by three current employees who allege that they have not been paid proper minimum wages over the last three years.

  • May 20, 2025

    Texas A&M Says Prof's Pregnancy Leave Wasn't Under FMLA

    Texas A&M University told a state appellate court that it should be freed from a lawsuit brought by a professor who was denied tenure because she technically never took family medical leave as she claimed.

  • May 20, 2025

    GOP Lawmakers Defend Stricter Independent Contractor Bill

    Republicans on a U.S. House subcommittee Tuesday pushed for passing a recently introduced bill that would tighten standards for classifying workers as independent contractors, while Democrats feared moving in that direction would significantly hurt workers.

  • May 20, 2025

    Uber Underpaid OT By Thousands, Account Exec. Says

    Uber expected an account executive to put in at least 55 hours a week but didn't fully compensate him for all of these extra hours, a complaint filed in California state court said.

  • May 20, 2025

    Ex-NCAA Basketball Players Appealing NIL Denial To 2nd Circ.

    A group of 16 former men's basketball players suing the NCAA for unrealized name, image and likeness compensation filed notice Monday that they plan to appeal to the Second Circuit a New York federal court's decision to toss their lawsuit.

  • May 20, 2025

    SAG-AFTRA Battles Use Of Fortnite's AI Darth Vader At NLRB

    The developer behind the video game Fortnite violated federal labor law by not negotiating with SAG-AFTRA before using artificial intelligence to voice Darth Vader, the union alleged in an unfair labor practice charge, claiming the company's AI use takes away work from bargaining unit members.

  • May 20, 2025

    Unions Eye Nix Of NJ Transit Suit Over Picket Line

    Two unions sued by NJ Transit over their refusal to cross the picket line in the now-resolved rail strike told a New Jersey federal court that since their members have returned to work, the case is now moot.

  • May 20, 2025

    MLBPA, Underdog Sports End Suit Over Using Player Images

    The Major League Baseball Players Association and sports betting platform Underdog Sports have agreed to end the union's suit alleging unauthorized use of players' names, images and likenesses to promote its services, a complaint that originally also accused FanDuel of the same usage.

  • May 20, 2025

    Red Cross Seeks Clarity On Deposition Order In Vax Bias Case

    The American Red Cross asked a Michigan federal judge on Monday to clarify that an April ruling allows the organization to depose the husband of a Christian nurse alleging she was fired for not getting the COVID-19 vaccine, saying the worker's attorneys refused to make him available.

  • May 20, 2025

    Taft Expands In Chicago With Construction, Employment Attys

    Taft Stettinius & Hollister LLP has expanded its construction and employment/labor practices by adding two litigators as Chicago partners, the firm announced Tuesday.

  • May 20, 2025

    Detroit Tigers, Former VP Spar Over Age, Race Bias Claims

    The Detroit Tigers said a former vice president was let go as part of a COVID-19 pandemic workforce reduction while the ex-executive said the pandemic was a smokescreen for firing an older Black woman, as each argued the other side should not get an early win in the lawsuit. 

  • May 20, 2025

    1st Circ. Tosses Puerto Rican Players' MLB Antitrust Appeal

    The First Circuit has dismissed an appeal in a wage-fixing antitrust action filed by minor league players against the MLB and its teams, finding the players committed a critical error by not objecting to a federal magistrate judge's recommendation to dismiss the underlying case.

  • May 20, 2025

    UAW Local Agrees To DOL Oversight Of Next Officers' Election

    A United Auto Workers local in Warren, Michigan, has agreed to let the U.S. Department of Labor supervise its next officers election, a few months after the U.S. secretary of labor claimed the union's election committee mishandled recordkeeping and ballot oversight during a vote a year ago.

  • May 20, 2025

    Doctor's Disability Bias Claim Too Late, Mass. Court Says

    A former Brigham and Women's Hospital anesthesiologist and Harvard Medical School faculty member is time-barred from pursuing disability bias claims for actions by the hospital that he was aware of as early as 2006, an intermediate Massachusetts appellate court has concluded.

  • May 20, 2025

    Holland & Knight Adds Employment Litigator To DC-Area Office

    Holland & Knight LLP has hired a longtime employment litigator from Quarles & Brady LLP, who joins the firm in Tysons, Virginia, to continue her practice litigating restrictive covenants, business torts and trade secrets.

Expert Analysis

  • What Day 1 Bondi Memos Mean For Corporate Compliance

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    After Attorney General Pam Bondi’s flurry of memos last week declaring new enforcement priorities on issues ranging from foreign bribery to diversity initiatives, companies must base their compliance programs on an understanding of their own core values and principles, says Hui Chen at CDE Advisors.

  • Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example

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    Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.

  • What Employers Should Know For Next Round Of H-1B Filings

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    With the fiscal year 2026 H-1B visa period opening soon, employers should brush up on the registration and filing procedures, as well as organize applicable data, to ensure they are ready for this dynamic, multistep process, say attorneys at Morgan Lewis.

  • Ga. Tech Case Shows DOJ Focus On Higher Ed Cybersecurity

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    The Justice Department’s ongoing case against the Georgia Institute of Technology demonstrates how many colleges and universities may be unwittingly exposed to myriad cybersecurity requirements that, if not followed, could lead to False Claims Act liability, say attorneys at Woods Rogers.

  • 5 Things For Private Employers To Do After Trump's DEI Order

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    Following President Donald Trump's recent executive order pushing the private sector to narrow, and even end, diversity, equity and inclusion initiatives, employers should ensure DEI efforts align with their organization's mission and goals, are legally compliant, and are effectively communicated to stakeholders, say attorneys at Mintz.

  • Will 4th Time Be A Charm For NY's 21st Century Antitrust Act?

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    New York's recently introduced 21st Century Antitrust Act would change the landscape of antitrust enforcement in the state and probably result in a sharp increase in claims — but first, the bill needs to gain traction after three aborted attempts, says Tyler Ross at Shinder Cantor.

  • Perspectives

    Accountant-Owned Law Firms Could Blur Ethical Lines

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    KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.

  • Zuckerberg's Remarks Pose Legal Risk For Meta Amid Layoffs

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    Within days of announcing that Meta Platforms will cut 5% of its lowest-performing employees, Mark Zuckerberg remarked that corporations are becoming "culturally neutered" and need to bring back "masculine energy," exposing the company to potential claims under California employment law, says Andi Mazingo at Lumen Law Center.

  • AI Will Soon Transform The E-Discovery Industrial Complex

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    Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.

  • When Innovation Overwhelms The Rule Of Law

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    In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.

  • The Future Of ALJs At NLRB And DOL Post-Jarkesy

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    In the wake of the U.S. Supreme Court’s 2024 Jarkesy ruling, several ongoing challenges to the constitutionality of the U.S. Department of Labor's and the National Labor Relations Board's administrative law judges have the potential to significantly shape the future of administrative tribunals, say attorneys at Wiley Rein.

  • Preparing For A Possible End To The Subminimum Wage

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    The U.S. Department of Labor's proposed rule to end the subminimum wage for employees with disabilities may significantly affect the community-based rehabilitation and training programs that employ these workers, so certified programs should be especially vigilant about compliance during this period of evaluation and scrutiny, say attorneys at Jackson Lewis.

  • Engaging With Feds On Threats To Executives, Employees

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    In an increasingly polarized environment, where companies face serious concerns about how to protect executives and employees, counsel should consider working with federal law enforcement soon after the discovery of threats or harassment, says Jordan Estes at Gibson Dunn.

  • Imagine The Possibilities Of Openly Autistic Lawyering

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    Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.

  • A Halftime Analysis Of DOJ's Compensation Pilot Program

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    The U.S. Department of Justice appears to consider the first half of its three-year pilot program on compensation incentives and clawbacks to be proceeding successfully, so companies should expect prosecutors to emphasize the program and other compliance-related considerations early in investigations, say attorneys at Debevoise.

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