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Employment
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May 22, 2025
2nd Circ. Won't Revive Court Interpreters' Pay Bias Suit
The Second Circuit on Thursday declined to reinstate a lawsuit from New York court interpreters alleging they are paid less than their federal counterparts because they are foreign born, saying the workers failed to show the state's court system acted with discriminatory intent.
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May 22, 2025
Atlanta Strip Clubs Push To DQ Attys For Dancer And Manager
Two Atlanta strip clubs facing allegations that they stiffed workers on their pay called for the employees' counsel to be disqualified on Wednesday, arguing that the attorneys can't simultaneously represent both a dancer and a supervisor who effectively operated as an employer and agent of the clubs.
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May 22, 2025
Mass. Justices Say Worker's Raise Doesn't Doom Bias Claim
Massachusetts' top court on Thursday found that an employer may still face a discrimination claim for an alleged retaliatory action for union activity, even if the move left the worker with a pay bump.
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May 22, 2025
Mass. Judge Halts Trump's Bid To Slash Education Dept. Jobs
A Massachusetts federal judge on Thursday blocked President Donald Trump's attempt to lay off hundreds of U.S. Department of Education employees, finding that the administration's claims of wanting more efficiency are a mask for their actual goal of dismantling the department.
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May 21, 2025
Littler, Tech Exec Settle Suit Over Firm's 'Unlawful' Advice
Littler Mendelson PC has settled a tech executive's lawsuit claiming she was suspended and, eventually, fired after the company followed the "unlawful" advice of Littler attorneys, according to a dismissal order issued Tuesday in New York federal court.
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May 21, 2025
Calif. Justices Weigh Strict Arbitration Fee Law's Validity
Counsel for a food supply company urged the California Supreme Court on Wednesday to find the Federal Arbitration Act preempts a state statute automatically waiving arbitration rights for a party that doesn't timely pay arbitration fees, saying the law is so draconian that even an earthquake wouldn't excuse late payment.
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May 21, 2025
Colo. Judge Rules Atty Hid Assets To Evade Azar Judgment
A Colorado state judge has found that a former class action department head at Franklin D. Azar & Associates PC fraudulently transferred assets to her husband and parents to evade the firm's collection of a $1.2 million judgment for her efforts to market the department to other law firms.
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May 21, 2025
Judge Mulls National Scope Of Bid To Restore COVID Grants
A Washington, D.C., federal judge Wednesday mulled whether it would be appropriate to issue a nationwide injunction blocking the termination of $11 billion public health grants set aside under COVID-era laws in a lawsuit brought by four local governments and a public sector union.
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May 21, 2025
DraftKings Denied 3rd Circ. Review In MLB Players' IP Case
A Pennsylvania judge on Wednesday denied a request from DraftKings Inc. to appeal to the Third Circuit the lower court's refusal to dismiss an intellectual property lawsuit that accuses the company of using players' images without permission, saying the issues raised are not appropriate for immediate appeal.
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May 21, 2025
Atty's Silence Dooms FMLA Claims Against Va. City
A Virginia city is off the hook in an attorney's lawsuit claiming he was fired after requesting leave to care for his mother, a federal court ruled Wednesday, finding the attorney's failure to respond to the city's filings requires his claims be dismissed.
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May 21, 2025
FCC's Carr Clashes With Dems Over Verizon DEI Deal
Congressional Democrats grilled the Federal Communications Commission's chief Wednesday about the legal basis for targeting diversity, equity and inclusion programs at Verizon, days after the wireless giant agreed to drop DEI initiatives amid its takeover of Frontier Communications.
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May 21, 2025
CPSC Members Take Trump To Court Over Firings
The three Democrats on the Consumer Product Safety Commission have followed up on their threat to file suit over President Donald Trump's attempts to fire them, saying that the president is breaking the law and that they have been barred from doing their jobs without cause.
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May 21, 2025
Atty, Firm Sanctioned For Losing Info In RICO, Defamation Suits
An Alabama federal judge granted Drummond Co. Inc.'s request for sanctions over missing emails and other information in litigation accusing Conrad & Scherer LLP and one of its former managing partners of defamation and RICO violations.
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May 21, 2025
Court Won't Budge On Player's Eligibility Until 6th Circ. Acts
A Tennessee federal judge on Wednesday refused to reconsider a University of Tennessee baseball player's request for an injunction that would pause the NCAA's eligibility restrictions on junior college transfers, saying he will have to wait for a Sixth Circuit decision in a similar antitrust lawsuit.
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May 21, 2025
Ky. Judge Nixes Treasury's Bid To End Labor Contracts
The U.S. Department of the Treasury lacks standing to seek an order allowing it to lawfully terminate its labor contracts with a federal employee union, a Kentucky federal judge ruled, finding the agency's alleged harm is based on speculation about the potential consequences of enforcing an executive order.
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May 21, 2025
DOGE Seeks High Court's Help In Ducking FOIA Discovery
The Department of Government Efficiency asked the U.S. Supreme Court on Wednesday to halt discovery into whether it's an agency subject to Freedom of Information Act requests, arguing a Washington, D.C., federal judge has improperly authorized a "fishing expedition" into the internal workings of a presidential advisory entity.
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May 21, 2025
Cannabis Sellers Win Fight Against Oregon Labor Peace Law
An Oregon federal judge shot down a state law that required cannabis growers to sign agreements with labor unions before they could get licensed to sell, saying the United for Cannabis Workers Act is preempted by the National Labor Relations Act.
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May 21, 2025
Appliance Co. Says Sanctions Bid Unjust After EEOC Missteps
An appliance retailer has told a Colorado federal judge that the U.S. Equal Employment Opportunity Commission shouldn't be granted sanctions over unredacted medical records that were publicly filed, arguing that the agency has repeatedly made the same mistake in the disability bias lawsuit.
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May 21, 2025
Democracy Forward Adds Another Ex-DOJ Hand
Legal advocacy group Democracy Forward has added a former deputy associate U.S. attorney general and co-chair of the Supreme Court and appellate practice at WilmerHale to its ranks of former U.S. Department of Justice litigators.
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May 21, 2025
Conn. Public Defender Watchdog Wants Chief's Firing Upheld
Connecticut's Public Defender Services Commission said in a state court brief that it was "significant misconduct," not racial bias, that caused it to fire the chief public defender, arguing the June 2024 firing came after a litany of complaints and a lengthy pattern of wrongdoing.
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May 21, 2025
NYC Hotel, EEOC Ink Deal In ADA Suit Over Knee Condition
A hotel and members club in New York City will pay $100,000 to end a U.S. Equal Employment Opportunity Commission suit alleging it refused to provide a reasonable accommodation to a worker with a disability and then fired her, according to a federal court filing.
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May 20, 2025
Ex-Emory Prof Says Palestine Support Led To 'Brazen' Ouster
A former professor at Emory University's medical school has sued the university, alleging that she was ousted in 2023 for her social media posts in support of Palestinians, claiming she was the victim of a smear campaign coordinated between the university and outside groups akin to "modern-day McCarthyism."
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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.
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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.
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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.
Expert Analysis
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TikTok Bias Suit Ruling Reflects New Landscape Under EFAA
In Puris v. Tiktok, a New York federal court found an arbitration agreement unenforceable in a former executive's bias suit, underscoring an evolving trend of broad, but inconsistent, interpretation of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, say attorneys at Williams & Connolly.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Key Takeaways From The 2025 Spring Antitrust Meeting
Leadership changes, shifting priorities and evolving enforcement tools dominated the conversation at the recent American Bar Association Spring Antitrust Meeting, as panelists explored competition policy under a second Trump administration, agency discretion under the 2023 merger guidelines and new frontiers in conduct enforcement, say attorneys at Freshfields.
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Running A Compliant DEI Program After EEOC, DOJ Guidance
Following recent guidance from the U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice that operationalized the Trump administration's focus on ending so-called illegal DEI, employers don't need to eliminate DEI programs, but they must ensure that protected characteristics are not considered in employment decisions, say attorneys at Holland & Knight.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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NWSL's $5M Player Abuse Deal Shifts Standard For Employers
The National Women's Soccer League's recent $5 million settlement addressing players' abuse allegations sends a powerful message to leagues, entertainment entities and employers everywhere that employee safety, accountability and transparency are no longer optional, say attorneys at Michelman & Robinson.
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Mass. AG Emerges As Key Player In Consumer Protection
Through enforcement actions and collaborations with other states — including joining a recent amicus brief decrying the defunding of the Consumer Financial Protection Bureau — Massachusetts Attorney General Andrea Campbell has established herself as a thought leader for consumer protection and corporate accountability, say attorneys at Troutman Pepper.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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What To Know About Restrictions On Former Federal Workers
Excerpt from Practical Guidance
Amid reductions to the federal workforce, agency counsel should be mindful that workers who are leaving government employment will still be covered by federal ethics restrictions upon their departure, including recusal requirements and temporary and permanent bans, says Rex Iacurci at LexisNexis.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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In-House Expert Testimony Is Tricky, But Worth Considering
Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.
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Issues To Watch At ABA's Antitrust Spring Meeting
Attorneys at Freshfields consider the future of antitrust law and competition enforcement amid agency leadership changes and other emerging developments likely to dominate discussion at the American Bar Association's Antitrust Spring Meeting this week.
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Tracking Changes To AI Evidence Under Federal Rules
As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.