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Employment
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January 09, 2026
Worker's Poor Performance Dooms Bias Suit, 4th Circ. Says
The Fourth Circuit declined to revive a Black USPS worker's retaliation suit claiming her white boss crafted a paper trail to oust her after she filed a race bias complaint against him, ruling Friday that she couldn't overcome evidence that her repeated performance issues got her temporarily fired, not bias.
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January 09, 2026
College HR Worker Claims Immunity In Suit Over Kirk Posts
A Florida college human resources employee urged a federal court Friday to toss a First Amendment violation claim brought by a former grant accountant who alleged wrongful termination for posting about the assassination of Charlie Kirk on social media, saying she's entitled to qualified immunity.
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January 09, 2026
Hacking Claims Tossed In Cannabis Co.'s Trade Secrets Suit
Claims that an ex-employee stole confidential trade secrets and took them over to a rival cannabis manufacturer will have to be refiled in state court, a New Jersey federal judge ruled, saying the worker didn't violate federal hacking laws.
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January 09, 2026
Ex-NRA President's Fla. Lawsuit Survives Dismissal Bid
A Florida federal judge on Friday refused to toss claims from the former president of the National Rifle Association that the organization wrongly used her name, image and likeness on its website for fundraising, rejecting arguments the case amounted to a shotgun pleading.
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January 09, 2026
Ex-CTA Bus Driver's Disability Bias Claims Will Go To Trial
An Illinois federal judge Thursday refused to grant summary judgment to the Chicago Transit Authority on a former bus driver's disparate treatment and failure to accommodate claims, clearing the way for the dispute over her 2022 firing to go to trial in April.
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January 09, 2026
Judge Denies 'Fatally Untimely' Bid For New Poaching Trial
A Boston federal judge has denied what she called a "fatally untimely" motion for a new trial after a jury handed Cynosure LLC a $25 million verdict against two former employees who the company said caused other employees to breach their noncompete and nonsolicitation agreements.
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January 09, 2026
4 Argument Sessions That Benefits Attys Should Watch In Jan.
The U.S. Supreme Court will zero in on the methodology for assessing liability for pulling out of a multi-employer pension fund, and the circuit courts will hear bids to revive suits over alleged 401(k) mismanagement and deferred compensation. Here, Law360 looks at a quartet of oral arguments coming up in January.
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January 09, 2026
DC Circ. Won't Rethink MSPB Firing Ruling
The D.C. Circuit's decision to permit the president's removal of Merit Systems Protection Board member Cathy Harris despite her statutory job protections will stand after the full court declined to rehear her firing challenge Friday.
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January 09, 2026
Seyfarth Names New Labor & Employment Chair In Seattle
One of the youngest equity partners in Seyfarth Shaw LLP's 80-year history has been named chair of the firm's labor and employment practice for the Seattle office, the firm has announced.
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January 09, 2026
Engineer Claims Co. Fired Her Over Refusal To Falsify Docs
A Colorado manufacturing company fired its chief engineer after she raised concerns about false information included in a request for a quote submitted to a U.S. Department of Energy contractor and failed to pay her wages, the worker claimed in a suit in Colorado federal court.
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January 09, 2026
Calif. Wage Suit Settles Months After Atty Admits To AI Mishap
A proposed wage and hour class action that drew the legal world's attention in November after the plaintiff's counsel admitted to using a half-dozen artificial intelligence tools to prepare a botched motion has now ended, with a Northern California federal judge granting a joint dismissal following a settlement agreement.
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January 09, 2026
NLRB Must Face Agency Atty's Speech Suppression Suit
The National Labor Relations Board can't exit a field attorney's suit over her advocacy work with an environmental nonprofit, a Washington federal judge has ruled, finding that she has adequately alleged that her work doesn't violate a federal conflict of interest statute.
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January 09, 2026
Call Center Dodges Worker Misclassification Suit
A group of call center workers' wage suit is an "impermissible shotgun pleading" and warrants dismissal, a Florida federal judge has ruled, agreeing to toss the workers' proposed class action accusing a call center company of misclassifying them as independent contractors.
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January 09, 2026
Food Service Co. Can't Sink Fired Manager's Sex Bias Suit
A New Jersey federal judge narrowed but refused to toss a suit alleging a dining services company fired a district manager for calling out its boys club culture, leaving it up to a jury to decide whether the company's stated reason for her firing was a smokescreen for discrimination.
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January 09, 2026
DirecTV Gets Laid-Off Worker's Bias Suit Kicked To Arbitration
A federal judge sent a former DirecTV senior e-commerce director's lawsuit over alleged age and gender discrimination during a workforce reduction to arbitration, unswayed by her claim that she was unaware of an agreement to handle disputes out of court.
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January 09, 2026
NC Biz Court Bulletin: Trade Secrets Row, A Patient Data Deal
The North Carolina Business Court closed out the year by tossing a trade secrets fight brought by a corrugated packing manufacturer against its onetime star salesman and signing off on a $2.45 million settlement ending claims a healthcare system sold patients' data to Meta.
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January 09, 2026
Texas Law Firm Sues Former Clients Over $11M Unpaid Fees
Law firm Williams Simons & Landis PC is suing a group of its former clients, saying they breached a representation contract by failing to pay more than $11 million owed to the firm after a successful trade secrets suit against Walmart.
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January 09, 2026
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a collapsed investment firm revive a $15 million dispute with a hedge fund, major Hollywood studios bring an IP claim against the U.K.'s largest internet providers over illegal streaming, and the Department of Health and Social Care sue the law firm and barrister representing it in a pharma competition damages case.
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January 09, 2026
Costco Denied Breaks Due To Understaffing, Suit Says
Costco did not permit a former employee to take proper meal and rest breaks because the store was understaffed, resulting in unpaid wages, the worker said in a complaint filed in Los Angeles County Superior Court.
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January 08, 2026
Weyerhaeuser Says $1.5B Pension Move Didn't Harm Retirees
Lawyers for timber producer Weyerhaeuser and State Street Global Advisors urged a Washington federal judge at a hearing Thursday to throw out a proposed class action from retired workers over Weyerhaeuser's transfer of $1.5 billion in pension obligations to a private equity-backed insurance company, arguing that the retirees have failed to establish the deal actually harmed them.
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January 08, 2026
Texas Court Mostly Reverses $27M Exxon Explosion Verdict
A Texas appellate court on Thursday largely vacated a $27 million jury verdict against ExxonMobil related to a 2019 explosion at a Houston-area petrochemical plant, citing insufficient evidence to support the damages awarded to three injured workers.
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January 08, 2026
Greenberg Traurig Adds 2 Duane Morris Employment Pros
Greenberg Traurig LLP has brought on two Duane Morris LLP attorneys as its newest shareholders focusing on class action litigation, labor and employment and commercial litigation practices, adding them to the firm's offices in San Diego and Philadelphia.
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January 08, 2026
Jury Can Hear Claim Over Swimming League's Damages
The jury in the upcoming trial for a professional swimming league's antitrust suit against World Aquatics can hear evidence that the league's own suit contributed to the damages it claims, a California federal judge ruled Thursday.
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January 08, 2026
9th Circ. Redo Raises New Issues On Abortion Coverage Law
A Ninth Circuit panel that previously sided with Washington in a church's challenge to a state law mandating employer health coverage of abortion services voiced fresh concerns about both sides' positions when revisiting the case Thursday, roughly six months after rescinding the initial opinion without explanation.
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January 08, 2026
Judge Backs RICO Class Cert. In Marriott Trafficking Suit
A Colorado federal judge has recommended class certification for a Mexican citizen's claims that Marriott International Inc. engaged in racketeering by abusing a visa program to secure cheaper labor, though his trafficking claims were found not to warrant classwide relief.
Expert Analysis
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4 Developments That Defined The 2025 Ethics Landscape
The legal profession spent 2025 at the edge of its ethical comfort zone as courts, firms and regulators confronted how fast-moving technologies and new business models collide with long-standing professional duties, signaling that the profession is entering a period of sustained disruption that will continue into 2026, says Hilary Gerzhoy at HWG Law.
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Top 10 Employer Resolutions For 2026
Heightened regulatory attention, shifting enforcement priorities and increased litigation risk mean that routine workplace decisions in 2026 will require greater discipline and foresight, including in relation to bias and inclusion training, employee resource groups, employee speech, immigration compliance, workplace accommodations, and shadow artificial intelligence, say attorneys at Krevolin & Horst.
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Navigating AI In The Legal Industry
As artificial intelligence becomes an increasingly integral part of legal practice, Law360 guest commentary this year examined evolving ethical obligations, how the plaintiffs bar is using AI to level the playing field against corporate defense teams, and the attendant risks of adoption.
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Opinion
Judges Carry Onus To Screen Expert Opinions Before Juries
Recent Second Circuit arguments in Acetaminophen Products Liability Litigation implied a low bar for judicial gatekeeping of expert testimony, but under amended Rule 702 of the Federal Rules of Evidence, judges must rigorously scrutinize expert opinions before allowing them to reach juries, says Lee Mickus at Evans Fears.
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A 6th Circ. Snapshot: 3 Cases That Defined 2025
With more than a thousand opinions issued this year, three rulings from the Sixth Circuit stood out for the impact they'll have on the practice of civil procedure, including a net neutrality decision, a class certification standards ruling and an opinion about vulgarity in school, say attorneys at Ice Miller.
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How Fractional GCs Can Manage Risks Of Engagement
As more organizations eliminate their in-house legal departments in favor of outsourcing legal work, fractional general counsel roles offer practitioners an engaging and flexible way to practice at a high level, but they can also present legal, ethical and operational risks that must be proactively managed, say attorneys at Boies Schiller.
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Health, Legal Employers Face Unique Online Speech Hurdles
Employers in the legal and healthcare industries must consider distinctive ethical obligations and professional requirements when disciplining employees for social media posts, while anticipating an area of the law in flux as courts seek to balance speech rights and the workplace function, say attorneys at FordHarrison.
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How OECD Tax Update Tackles Mobile Workforce Complexity
The Organization for Economic Cooperation and Development’s recently updated model tax convention — a recalibration of international tax principles in response to an increasingly mobile workforce — should prompt companies to reevaluate cross-border operations, transfer pricing policies and tax controversy strategies, say attorneys at Eversheds.
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7 Strategies To Optimize Impact Of Direct Examination
Direct examination is a make-or-break opportunity to build a witness’s credibility, so attorneys should adopt a few tactics — from asking so-called trust-fall questions to preemptively addressing weaknesses — to drive impact and retention with the fact-finder, says Allison Rocker at Baker McKenzie.
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Del. Dispatch: Key 2025 Corporate Cases And Trends To Know
The Delaware corporate legal landscape saw notable changes in 2025, spurred by amendments to the Delaware General Corporation Law, ubiquitous artificial intelligence fervor, boardroom discussion around DExit, record shareholder activism activity and an arguably more expansive view of potential Caremark liability, say attorneys at Fried Frank.
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Series
Nature Photography Makes Me A Better Lawyer
Nature photography reminds me to focus on what is in front of me and to slow down to achieve success, and, in embracing the value of viewing situations through different lenses, offers skills transferable to the practice of law, says Brian Willett at Saul Ewing.
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Series
Law School's Missed Lessons: Practical Problem Solving
Issue-spotting skills are well honed in law school, but practicing attorneys must also identify clients’ problems and true goals, and then be able to provide solutions, says Mary Kate Hogan at Quarles & Brady.
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How Workforce, Tech Will Affect 2026 Construction Landscape
As the construction industry's center of gravity shifts from traditional commercial work to infrastructure, energy, industrial and data-hosting facilities, the effects of evolving technology and persistent labor shortages are reshaping real estate dealmaking, immigration policy debates and government contracting risk, say attorneys at Cozen O'Connor.
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Opinion
A Uniform Federal Rule Would Curb Gen AI Missteps In Court
To address the patchwork of courts’ standing orders on generative artificial intelligence, curbing abuses and relieving the burden on judges, the federal judiciary should consider amending its civil procedure rules to require litigants to certify they’ve reviewed legal filings for accuracy, say attorneys at Shook Hardy.
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Calif. AG's No-Poach Case Reflects Tougher Antitrust Stance
This month, California’s attorney general resolved the latest enforcement action barring the use of no-poach agreements, underscoring an aggressive antitrust enforcement trend with significant increases in criminal and civil penalties, say attorneys at Pillsbury.