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Employment
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October 22, 2025
UBS Urges Justices Not To Revive Retaliation Case Again
UBS Securities is urging the U.S. Supreme Court not to revive, for a second time, a fired worker's whistleblower retaliation lawsuit, arguing that lower courts should be allowed to consider questions about jury instructions regarding the meaning of "contributing factor" in the Sarbanes-Oxley Act before the high court weighs in.
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October 22, 2025
Chicago Transit Seeks Judgment, New Trial In Vax Bias Case
Chicago's public transit agency urged an Illinois federal judge to unwind a jury's finding earlier this year that it unlawfully fired an employee who refused the COVID-19 vaccine on religious grounds, arguing that he hasn't proven that those beliefs contributed to his termination.
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October 22, 2025
Feds Urge Justices To Back Machinists Fund In Pension Fight
The federal government wrote in support of trustees of an International Association of Machinists pension fund in a dispute with employers at the U.S. Supreme Court, backing the union's argument that a pension plan actuary could change the methods and assumptions used to calculate withdrawal payments.
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October 22, 2025
H-1B Fee May Hinder University Hiring And Gut Programs
The Trump administration framed recent changes to the H-1B visa program as a way to bolster a homegrown STEM workforce and protect U.S. jobs, but experts think it could do the opposite — shrinking budgets and opportunities for American students the policies are meant to foster.
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October 22, 2025
Presidential Firing Limits Fight Builds At High Court
The ousted U.S. Merit Systems Protection Board chair has encouraged the U.S. Supreme Court to include a caveat for "legislative courts" if it overturns precedent that empowers Congress to limit the president's authority to fire certain agency officials, but opponents of independent agencies want a clean break from the status quo.
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October 22, 2025
Trump Seeks To Dismiss NY Law Claims In Ex-Aide's Suit
President Donald Trump urged a New York federal court to toss allegations of human rights violations in a discrimination lawsuit brought by a former aide claiming she was banished from his first incoming administration after she became pregnant.
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October 22, 2025
Purdue Fights Baltimore Objection Ahead Of Ch. 11 Plan Trial
Purdue Pharma LP told a New York bankruptcy judge on Wednesday it is concerned a recent objection to its Chapter 11 plan brought by the city of Baltimore could disrupt its case just weeks before the drugmaker is set to begin trial on a deal that creditors overwhelmingly support.
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October 22, 2025
Unions Pursue More Protection For Federal Workers In Shutdown
Eight unions asked a California federal judge to step up the level of protection she provided to thousands of federal workers' jobs during the government shutdown, urging her to expand the number of jobs she's protecting and turn a temporary restraining order into a preliminary injunction.
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October 22, 2025
NJ Accuses Amazon Of Pregnancy, Disability Discrimination
New Jersey's attorney general slapped Amazon with a suit Wednesday claiming the online retail giant makes it nearly impossible for pregnant or disabled employees to get workplace accommodations, putting workers on unpaid leave if they seek adjustments such as lifting limits or extra breaks.
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October 22, 2025
10th Circ. Won't Revive Ex-IHS Doc's Retaliation Suit
A doctor can't reinstate his suit alleging he was terminated from the U.S. Indian Health Service for complaining that his COVID-19 vaccine exemption request was rejected and that superiors failed to investigate sexual misconduct, the Tenth Circuit said, upholding a win for the IHS and a staffing company.
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October 22, 2025
NC Biz Court Bulletin: COVID Coverage, A Suspect Signature
The North Carolina Business Court has rounded the corner into fall with insurance disputes over COVID-19 coverage at a chain of outlet malls and the theft of over $900,000 in legal THC reportedly stolen from a warehouse in the Southwest.
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October 22, 2025
Retention Bonus Not Subject To Wage Act, Mass. Justices Say
Massachusetts' highest court ruled on Wednesday that a retention bonus contingent on an employee's willingness to meet certain conditions is not a salary subject to a provision of the state's Wage Act requiring payment on the final day of employment.
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October 21, 2025
Trump Special Counsel Pick Backs Out Over Lack Of Support
President Donald Trump's pick to lead the U.S. Office of Special Counsel, the independent agency tasked with safeguarding federal employees, on Tuesday announced he was withdrawing his nomination over a lack of Republican support, following a news report that he sent a series of racist text messages.
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October 21, 2025
Novo Nordisk Says Officials Not Qualified To Doubt Drug Bills
Attorneys for Novo Nordisk Inc. on Tuesday sought to undercut witness testimony that Medicaid claims in Washington state for the company's hemophilia drug NovoSeven were shockingly high, leading one state auditor to suspect fraud.
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October 21, 2025
9th Circ. Panel Reaffirms NLRB's Use Of 'Thryv Remedies'
The National Labor Relations Board correctly applied its 2022 Thryv ruling when it ordered Macy's to pay heightened remedies after refusing to rehire strikers, a split Ninth Circuit panel reaffirmed, shooting down a request to reconsider a split panel decision from January while amending the decision slightly.
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October 21, 2025
Mike Trout Stopped Paying Staffer For Stunts Over Drug Fears
Taking the stand Tuesday in a civil trial over Los Angeles Angels pitcher Tyler Skaggs' death, outfielder Mike Trout testified that he would occasionally pay the staffer who sold Skaggs drugs to do outrageous stunts, but stopped after suspecting the money might be going toward drugs.
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October 21, 2025
Colo. Justices Weigh Self-Defense Exception In At-Will Firings
Counsel for a former Circle K store clerk fired after a confrontation with a robber argued to the Colorado Supreme Court Tuesday that the justices should recognize a public policy exception to the state's at-will employment doctrine, contending employers should generally not impose as workplace policy a duty to retreat.
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October 21, 2025
Judge Trims Pharma Co. Claims Against Ex-Employees
A Florida federal judge has narrowed pharmaceutical company Lupin Inc.'s lawsuit accusing a rival of stealing trade secrets, freeing a pair of former employees of claims that they breached their fiduciary duties by allegedly swiping the company's confidential information.
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October 21, 2025
3rd Circ. Reinstates Union Rep's Pharmacy Fraud Charges
The Third Circuit said Tuesday that it had revived charges against a union representative at a telecommunications company after finding that federal prosecutors sufficiently alleged that the rep submitted false claims to a pharmacy benefits manager for medically unnecessary testing and medicine.
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October 21, 2025
NTSB Member Urges DC Court To Nix Trump's 'Illegal' Firing
A National Safety Transportation Board member challenging his firing in May by President Donald Trump is urging a D.C. federal court to reinstate him, saying the board's removal protections are constitutional.
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October 21, 2025
Teacher's Penalty For Kirk Post Violates Rights, Court Told
A Georgia school district trampled a teacher's free speech rights when it suspended her for calling Charlie Kirk a "fascist" on her private Facebook page after the conservative activist was killed, the worker alleged in lawsuit filed in federal court.
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October 21, 2025
Mitsubishi Electric Gets 1st Nod For $515K Wage Class Deal
A $515,000 deal to settle a suit accusing Mitsubishi Electric Automotive America of only paying workers based on their scheduled shifts will go forward, an Ohio federal judge ruled, finding the settlement fair and reasonable.
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October 21, 2025
Co. Says $28M ERISA Suit Against Union Fund Must Proceed
A New Jersey federal judge should keep overseeing a $28 million Employee Retirement Income Security Act lawsuit against a Teamsters local and the local's health insurance fund, a roofing and siding manufacturer argued, telling the judge that the dismissal argument lodged by the fund and local is flawed.
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October 21, 2025
Whistleblowers Say They've Shown Fluor Defrauded Army
Former Fluor Corp. employees asked a South Carolina federal judge Tuesday to rule in favor of their theories that the company fraudulently secured bonus awards and property management system approvals for a massive contract to support U.S. military bases in Afghanistan.
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October 21, 2025
Ex-Temple Professor Heads To 3rd Circ. With Tenure Bias Suit
A former Temple University assistant professor alleging he was denied tenure because he's a Chinese man with a chronic neuromuscular condition is taking his legal battle to the Third Circuit after a trial court sided with the school.
Expert Analysis
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Cos. Must Tailor Due Diligence As Trafficking Risks Increase
As legislators, prosecutors and plaintiffs attorneys increasingly focus on labor and sex trafficking throughout the U.S., companies must tailor their due diligence strategies to protect against forced labor trafficking risks in their supply chains, say attorneys at Steptoe.
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Series
Creating Botanical Art Makes Me A Better Lawyer
Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.
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What To Expect As Calif. Justices Weigh Arbitration Fee Law
If the California Supreme Court’s upcoming ruling in Hohenshelt v. Superior Court holds that the Federal Arbitration Act does not preempt the California Arbitration Act's strict fee deadlines, employers and businesses could lose the right to arbitrate over minor procedural delays, say attorneys at Bird Marella.
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New Federal Worker Religious Protections Test All Employers
A recent Trump administration memorandum expanding federal employees' religious protections raises tough questions for all employers and signals a larger trend toward significantly expanding religious rights in the workplace, say attorneys at Seyfarth.
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Compliance Is A New Competitive Edge For Mortgage Lenders
So far, 2025 has introduced state and federal regulatory turbulence that is pressuring mortgage lenders to reevaluate the balance between competitive and compliant employee and customer recruiting practices, necessitating a compliance recalibration that prioritizes five key strategies, say attorneys at Mitchell Sandler.
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Noncompete Forecast Shows Tough Weather For Employers
Several new state noncompete laws signal rough conditions for employers, particularly in the healthcare sector, so employers must account for employees' geographic circumstances as they cannot rely solely on choice-of-law clauses, say lawyers at McDermott.
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.
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Opinion
Calif. Must Amend Trade Secret Civil Procedure
A California procedural law that effectively shields trade secret defendants from having to return company materials until the plaintiff can craft detailed requests must be amended to recognize that property recovery and trade secret analysis are distinct issues, says Matthew Miller at Hanson Bridgett.
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.
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Navigating Administrative Exhaustion In EEOC Charges
Excerpt from Practical Guidance
Before responding to a U.S. Equal Employment Opportunity Commission charge, employers should understand the process of exhausting administrative remedies and when it applies, and consider several best practices, such as preserving records and crafting effective position statements, says Matthew Gagnon at Ogletree.
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Opinion
Section 1983 Has Promise After End Of Nationwide Injunctions
After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.
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Corp. Human Rights Regulatory Landscape Is Fragmented
Given the complexity of compliance with nations' overlapping human rights laws, multinational companies need to be cognizant of the evolving approaches to modern slavery transparency, and proposals that could reduce mandatory due diligence and reporting requirements, say attorneys at Simpson Thacher.
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Justices' Decision Axing Retiree's ADA Claim Offers Clarity
The U.S. Supreme Court's holding in Stanley v. City of Sanford that protections under Title I of the Americans with Disabilities Act don't extend to retirees potentially limits liability by giving employers additional support to challenge complaints, and highlights the need for proactive policy management to mitigate risk, say attorneys at Jackson Lewis.
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What To Know About NCAA Deal's Arbitration Provisions
Kathryn Hester at Jones Walker discusses the key dispute resolution provisions of the NCAA's recently approved class action settlement that allows for complex revenue sharing with college athletes, breaking down the arbitration stipulations and explaining how the Northern District of California will handle certain enforcement, administration, implementation and interpretation disputes.
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Texas Med Spas Must Prepare For 2 New State Laws
Two new laws in Texas — regulating elective intravenous therapy and reforming healthcare noncompetes — mark a pivotal shift in the regulatory framework for medical spas in the state, which must proactively adapt their operations and contractual practices, says Brad Cook at Munsch Hardt.