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Employment
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July 03, 2025
Illinois Cases To Watch In 2025: Midyear Report
The impact of regulatory permits on insurance policy pollution exclusions, the debate over ditching two-step collective certifications and further interpretation of Illinois' biometric privacy law are at the heart of some of the state's biggest cases to watch through the end of the year.
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July 03, 2025
Free-Speech Suit Will Be Early Trial Court Test Of Trump Admin
A Massachusetts federal judge will begin hearing testimony Monday in a challenge by academic organizations to the Trump administration's visa revocations and removals of noncitizen faculty and students who have expressed pro-Palestinian views, in one of the first trials over the president's second-term policies.
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July 03, 2025
What To Watch In Mass. Courts In The Second Half Of 2025
Massachusetts courts should be busy through the second half of 2025, with litigation against the Trump administration playing a starring role at both the state and federal level. Here are some of the key cases and issues that attorneys are monitoring.
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July 03, 2025
7th Circ. Backs Firing Of Counselor Over Anti-Trans Speech
The Seventh Circuit upheld the Milwaukee public school district's win over a former counselor's suit claiming she was unlawfully fired for speaking at an anti-trans rally, saying the district reasonably concluded that her expletive-laden public remarks didn't mesh with her professional responsibilities.
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July 03, 2025
The Firms That Won Big At The Supreme Court
The number of law firms juggling three or more arguments before the U.S. Supreme Court this past term nearly doubled from the number of firms that could make that claim last term.
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July 03, 2025
Breaking Down The Vote: The High Court Term In Review
The U.S. Supreme Court once again waited until the term's closing weeks — and even hours — to issue some of its most anticipated and divided decisions.
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July 03, 2025
Call Center Co. Wants Out Of Misclassification Suit
A suit by workers accusing a call center company of incorrectly classifying them as independent contractors and then firing them when they complained must be thrown out, the company told a Florida federal court, saying the complaint is a "textbook impermissible shotgun pleading."
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July 03, 2025
Justices Clarify Question Underlying Withdrawal Liability Case
The U.S. Supreme Court clarified the question presented in a case it recently agreed to take up over the methodology for calculating businesses' liability for pulling out of multiemployer pension plans.
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July 03, 2025
Supreme Court Takes Up Transgender Sports Bans
The U.S. Supreme Court agreed Thursday to hear challenges to West Virginia and Idaho laws barring transgender athletes from competing on sports teams consistent with their gender identity, putting yet more anti-trans legislation to the test after upholding Tennessee's ban on gender-affirming care for minors this term.
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July 02, 2025
Amid DEI Uncertainty, Cos. Face Pressure From All Sides
Attorneys have been analyzing the Trump administration's many pronouncements against diversity, equity and inclusion programs over the past several months, only to be left with questions as to what exactly "illegal DEI" is and what the government will do to police it.
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July 02, 2025
NCAA, NASCAR Antitrust Challenges Permeate 2025's 1st Half
The first half of 2025 saw the dispute between NASCAR and two of its teams become supercharged and a judge give final approval to the disputed settlement for the NCAA name, image and likeness antitrust litigation.
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July 02, 2025
9th Circ. Upholds Sutter Health's Win In Doc's Kickback Suit
The Ninth Circuit refused to revive a gastroenterologist's constitutional challenge against Sutter Health alleging the nonprofit paid kickbacks to its physicians to refer low-income patients to other hospitals, ruling Wednesday the appellant lacks evidence of purported kickbacks and doesn't address how the alleged injury to those patients harmed him.
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July 02, 2025
Trump Asks Justices To Pause CPSC Members' Reinstatement
The Trump administration asked the U.S. Supreme Court Wednesday to stay a Maryland federal court's ruling that the president's removal of three U.S. Consumer Product Safety Commission members was unlawful, while the commissioners argue they should be allowed to continue serving through the government's appeal.
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July 02, 2025
Teamsters Say Kroger Must Arbitrate Health Insurance Dispute
A Teamsters local sought to nix Kroger's attempt to dismiss allegations that the grocery giant won't arbitrate a grievance about health insurance coverage for a worker's family members, telling a Kansas federal judge the company can't raise claims about arbitrability at this point in the proceeding.
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July 02, 2025
Energy Firm Says Tribal Nonprofit Trade Secret Suit Too Vague
An energy infrastructure consulting firm called on an Oregon federal judge to throw out a Native American nonprofit's lawsuit alleging the firm's founder and tribal liaison misappropriated its trade secrets, saying the nonprofit has failed to identify the trade secrets with any particularity.
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July 02, 2025
11th Circ. Won't Revive Disney Workers' COVID Vax Bias Suit
The Eleventh Circuit refused to revive a discrimination suit by former Disney employees over the company's COVID-19 vaccine mandate and augmented protocols requiring unvaccinated workers to socially distance and wear masks, ruling Wednesday the appellants never made religious objections to those protocols and never sought religious-based accommodations.
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July 02, 2025
EEOC Can Press ADA Claim In Disabled Nurse's Transfer Case
A Michigan hospital must face the U.S. Equal Employment Opportunity Commission's claim that it violated federal disability law by not transferring a nurse who suffers from a metabolic disorder to a less-demanding role, a federal judge ruled Wednesday.
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July 02, 2025
Ex-Director Claims Seminary Made False Diversity Promises
A Pittsburgh Presbyterian seminary promised to fight discrimination and promote diversity, but the promise was hollow, according to a former interim director who claims her bosses ignored her complaints about discrimination and responded to litigation by insisting the seminary fell under a "ministerial exemption" to antidiscrimination laws.
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July 02, 2025
Unions Say Halt Of Parole Is Spreading Chaos In Workplaces
A coalition of labor unions has told the First Circuit that the abrupt termination of Biden-era humanitarian parole programs is generating "chaos in American workplaces," as workers lose their work authorization and employers are left in the lurch.
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July 02, 2025
Ex-Worker Says Sto Corp. Fired Him After Hospitalization
A former Georgia worker for construction materials manufacturer Sto Corp. accused the company in a Tuesday disability discrimination lawsuit of showing him the door after he was hospitalized with a heart condition.
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July 02, 2025
Judge Sanctions Building Makers Over Withheld Evidence
A Tennessee federal judge has sanctioned a group of building manufacturing employees and ordered them to pay their former employers' attorney fees, finding they'd intentionally withheld and spoiled evidence during discovery.
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July 02, 2025
Bermuda Firm Wants US Co. To Honor Arbitration Summons
A Texas federal court has ordered U.S. consumer credit company Americor to respond to allegations that it's refusing to comply with an arbitrator's summons in a Bermuda-based financial firm's dispute involving an ex-employee and a noncompete agreement.
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July 02, 2025
Moving Help Co. Accused Of Misclassifying Drivers
An on-demand moving and delivery service classifies workers as independent contractors — despite exercising substantial control over their work — and refuses to reimburse drivers for the costs they incur from buying gas and paying tolls, according to a proposed class action filed in California state court.
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July 02, 2025
Inspire Brands Sued For Firing Director After Bias Complaint
The company that owns and franchises restaurant chains like Arby's, Baskin-Robbins, Buffalo Wild Wings, Dunkin' and Jimmy John's has been sued in Georgia federal court by an ex-employee who alleges she was fired after threatening to report a manager for discrimination.
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July 02, 2025
Jay-Z Loses Defamation And Extortion Suit Against Buzbee
A state court judge in California has granted Texas attorney Tony Buzbee's request to toss claims of defamation and extortion brought by Shawn "Jay-Z" Carter over sexual abuse allegations connected to Sean "Diddy" Combs, finding that the state's free speech statute requires dismissal.
Expert Analysis
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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.
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4 Ways To Leverage A Jury's Underdog Perceptions
Counsel should consider how common factors that speak to their client's size, power, past challenges and alignment with jurors can be presented to try and paint their client as a sympathetic underdog, says Ken Broda-Bahm at Persuasion Strategies.
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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.