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Employment
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May 27, 2025
Ex-Firm Leader Pushes To Remand Whistleblower Suit In Fla.
The former Jacksonville, Florida, office managing partner of Matthiesen Wickert & Lehrer SC is asking a Florida federal court to send back to state court her whistleblower lawsuit alleging she was forced to leave her position because she attempted to stop a paralegal from engaging in the unauthorized practice of law.
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May 27, 2025
ArentFox Schiff Says Workers' 'Antics' Should Get Suit Tossed
An Illinois federal judge handling age discrimination claims from two longtime former ArentFox Schiff LLP information technology contractors should permanently dismiss their lawsuit as a consequence for routinely destroying case evidence and discarding their mobile phones while the litigation has been pending, the firm says.
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May 27, 2025
Judge Lets United, Teamsters Appeal Arb. Order At 9th Circ.
United Airlines and the Teamsters can appeal a lower court order concluding that the Railway Labor Act gives individual airline employees the right to take their grievances to arbitration despite the union's objection, a California federal judge ruled, saying a Ninth Circuit ruling could end the case.
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May 27, 2025
Auto Co. Seeks Judge's Recusal For Pushing Bias Settlement
A Pennsylvania magistrate judge has been improperly pushing an automotive dealership to settle a former manager's suit claiming she faced daily sexual advances and inappropriate comments from her boss, the company said, arguing the judge needs to step aside before an upcoming trial.
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May 27, 2025
Vice Media VP Rejoins Ogletree In NYC
A seasoned BigLaw attorney who left Ogletree Deakins Nash Smoak & Stewart PC five years ago to move into an in-house legal position at Vice Media has rejoined the labor and employment law firm Tuesday as a shareholder.
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May 27, 2025
Ex-Domino's Drivers Seek Class Cert. In Vehicle Costs Suit
A trio of former Domino's delivery drivers asked an Ohio federal judge to certify their proposed classes of current and former drivers in and outside the Buckeye State as they pursue claims that Domino's franchisee Team Pizza Inc. took them below minimum wage by shuffling vehicle costs onto workers.
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May 27, 2025
Trump, Ex-Copyright Head Duel Over Her Firing
Former U.S. Copyright Office director Shira Perlmutter on Tuesday said a Washington, D.C., federal judge should ignore the Trump administration's argument that her recent firing was legal, the latest salvo in her lawsuit against the federal government as she seeks to block her removal.
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May 27, 2025
NC Inn Skimps On Wages, Ex-Workers Say
An inn in the Blue Ridge Mountains failed to pay innkeepers minimum and overtime wages despite requiring them to work more than 12 hours a day, according to a suit filed in North Carolina federal court.
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May 27, 2025
United Inks Tentative Contract With Flight Attendants Union
A union representing 28,000 United Airlines flight attendants has struck a tentative deal with the airline on a five-year employment contract, hailing the agreement as a "historic" pact that comes with a pay bump and other benefits for its workers.
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May 23, 2025
Law360 Reveals Titans Of The Plaintiffs Bar
This past year, a handful of attorneys secured billions of dollars in settlements and judgments for both classes and individual plaintiffs against massive companies and organizations like Facebook, Dell, the National Association of Realtors, Johnson & Johnson, UFC and Credit Suisse, earning them recognition as Law360's Titans of the Plaintiffs Bar for 2025.
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May 23, 2025
Disney Accuses YouTube Of Poaching Ex-Distribution Exec
Disney has hauled YouTube and freshly resigned Disney executive Justin Connolly into California state court, accusing YouTube of poaching Connolly, who it said was leading license renewal negotiations with the Google-owned video sharing company.
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May 23, 2025
Group Asks 5th Circ. To Clarify Freight Broker Negligence
Truck safety advocates asked the Fifth Circuit on Friday to preserve state-law personal-injury claims against freight brokers, weighing in on a dispute that alleges Penske Logistics LLC is liable for negligently hiring an unsafe motor carrier that caused a fatal 2018 accident in Texas.
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May 23, 2025
Employment Authority: Pay Lessons From 'Mad Men'
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with the pay lessons "Mad Men" provided; how a recent Fifth Circuit decision that not accommodating a disabled worker can violate the Americans with Disabilities Act, even if no harm results from that decision, deepens a split among appeals courts; and how a National Labor Relations Board charge accusing a legal aid union of discriminating against Jewish members tests the bounds of unions' obligations.
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May 23, 2025
Texas Nonprofits Can Be Sued For Doc Med Mal, Justices Rule
The Texas Supreme Court ruled Friday that nonprofit health organizations can be sued for the alleged medical malpractice of one of their physician employees, in a dispute over an allegedly botched brain surgery.
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May 23, 2025
Immigrant Registration Is Valid Policy, DHS Tells DC Circ.
The Trump administration told the D.C. Circuit that its rule requiring noncitizens to register with the government or face prosecution doesn't need to undergo the full notice-and-comment rulemaking process, and that immigrant rights' groups suing to stop it lack any concrete harm that would justify their standing.
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May 23, 2025
Judge Extends Block On Trump's Government Layoffs
A California federal judge has extended her block of President Donald Trump's executive order directing layoffs at federal agencies, saying a coalition of unions, nonprofits and cities has shown it is likely to succeed in showing the order exceeded the president's authority.
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May 23, 2025
Atty, Stepdaughter Face $600K Workers' Comp Fraud Charges
The Orange County District Attorney's Office has charged a California attorney and his stepdaughter with conspiring to defraud a police department she was employed at by filing fraudulent workers' compensation payments.
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May 23, 2025
Service Members' COVID Vax Claims Sent To Military Boards
A Court of Federal Claims judge said an executive order directing the reinstatement of service members discharged over a COVID-19 vaccine mandate warranted sending the claims of 10 people who refused to comply with the mandate to military records boards for consideration.
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May 23, 2025
DC DHS Guards Forced To Work Through Breaks, Court Told
A contractor that provides guards for a U.S. Department of Homeland Security facility in Washington, D.C., forces them to take meal break pay deductions despite such breaks rarely occurring, employees said in a proposed class and collective action.
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May 23, 2025
Ohio Pest Co. Says Ex-Director Is Unfairly Competing
An Ohio-based pest control company took a former regional director of operations to federal court, claiming he formed his own pest control firm in violation of his noncompete agreement and is unfairly cutting in on the company's business.
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May 23, 2025
NJ Panel Revives Ex-Nursing Director's Discrimination Suit
A New Jersey appeals court panel on Friday revived a former Capital Health nursing director's suit alleging the state nurses association discriminated against her for receiving treatment for alcoholism, finding that the trial court could hear her complaint.
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May 23, 2025
Insurer Accused Of Firing Worker Out Of Pregnancy Bias
An insurance company reneged on its promise to provide its benefits adviser with paid maternity leave and then fired her not long after she raised several concerns about unpaid commissions, according to a lawsuit removed to North Carolina federal court.
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May 23, 2025
Cannabis Co.'s Layoffs Were Illegal, NLRB Judge Says
Cannabis company Curaleaf violated federal labor law by laying off store associates at its Illinois facilities without bargaining with their union and must reinstate them, a National Labor Relations Board judge has held.
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May 23, 2025
Pest Co. Seeks To Stamp Out Workers' Tobacco Fee Case
Global pest control company Rentokil urged a Pennsylvania federal court to toss a proposed class action claiming it unlawfully charged tobacco users more for health benefits without providing a reasonable way to avoid the fee, arguing it's not the company's fault the workers refused to quit the habit.
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May 23, 2025
Chief Justice Pauses DOGE's FOIA Discovery For Now
Chief Justice John Roberts temporarily paused discovery Friday into whether the Department of Government Efficiency is an agency subject to Freedom of Information Act requests, giving the initiative a short reprieve as the U.S. Supreme Court considers DOGE's bid to more fully halt a purported "fishing expedition."
Expert Analysis
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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Managing Anti-Corporate Juror Views Revealed By CEO Killing
After the shooting of UnitedHealthcare CEO Brian Thompson laid bare deep-seated anti-corporate sentiments among the public, companies in numerous industries will have to navigate the influence of related juror biases on litigation dynamics, say Jorge Monroy and Keith Pounds at IMS Legal Strategies.
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If Elphaba Had Signed A Restrictive Covenant In 'Wicked'
Following the recent big-screen release of "Wicked," employers should consider how the tale might have ended if the Wizard of Oz had made Elphaba sign a restrictive covenant agreement, which would have placed clear limitations on her ability to challenge his regime, says Emily Wajert at Sidley.
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Contractor Liability When Directing Subcontractor Workforce
A recent Virginia Court of Appeals decision that rejected a subcontractor employee’s tortious interference claim should prompt prime contractors to consider how to mitigate liability risk associated with directing a subcontractor to remove its employee from a federal project, say attorneys at Venable.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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Handbook Hot Topics: Back To Basics After Admin Change
Having an up-to-date employee handbook is more critical now than ever, given the recent change in administration, and employers should understand their benefits and risks, including how they can limit employers’ liability and help retain employers’ rights, say Kasey Cappellano and Meaghan Gandy at Kutak Rock.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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What Axed Title IX Gender Identity Rule Means For Higher Ed
Following a Kentucky federal court's recent decision in State of Tennessee v. Cardona to strike down a Biden-era rule that expanded the definition of Title IX to prohibit discrimination on the basis of gender identity, institutions of higher education should prepare to reimplement policies that comply with the reinstated 2020 rule, say attorneys at Venable.
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A Path Forward For Cos. Amid Trump's Anti-DEIA Efforts
Given the Trump administration’s recent efforts targeting corporate diversity, equity, inclusion and accessibility programs — including threatening possible criminal prosecution — companies should carefully tailor their DEIA initiatives to comply with both the letter and the spirit of antidiscrimination law, say attorneys at Pillsbury.
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Workforce Data Collection Considerations After DEI Order
Following President Donald Trump's executive order targeting diversity, equity and inclusion efforts, employers should balance the benefits of collecting demographic data with the risk of violating the order’s prohibition on "illegal DEI," say Lynn Clements at Berkshire Associates, David Cohen at DCI Consulting and Victoria Lipnic at Resolution Economics.
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Evidence Rule May Expand Use Of Out-Of-Court Statements
A proposed amendment to Federal Rule of Evidence 801(d)(1)(A) would broaden the definition of nonhearsay, reflects a more pragmatic approach to regulating the admissibility of out-of-court statements by declarant-witnesses, and could help level the playing field between prosecutors and criminal defendants, say attorneys at Hangley Aronchick.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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How DOGE's Severance Plan May Affect Federal Employees
President Donald Trump's administration, working through the Department of Government Efficiency, recently offered a severance package to nearly all of the roughly 2 million federal employees, but unanswered questions about the offer, coupled with several added protections for government workers, led to fewer accepted offers than expected, says Aaron Peskin at Kang Haggerty.
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Opinion
At 100, Federal Arbitration Act Is Used To Thwart Justice
The centennial of the Federal Arbitration Act, a law intended to streamline dispute resolution in commercial agreements, is an opportunity to reflect on its transformation from a tool of fairness into a corporate shield that impedes the right to a fair trial, says Lori Andrus at the American Association for Justice.