Warning of a "shaking of public confidence," a Tesla Inc. attorney on Wednesday asked Delaware's Supreme Court to cut a $176.2 million class attorney fee award to $40 million in a case that saw Delaware's chancellor cancel $730 million in the electric car company's director stock options.
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TOP NEWS

Tesla Urges Del. Justices To Cut $176M Atty Fee In Options Suit

By Jeff Montgomery

Warning of a "shaking of public confidence," a Tesla Inc. attorney on Wednesday asked Delaware's Supreme Court to cut a $176.2 million class attorney fee award to $40 million in a case that saw Delaware's chancellor cancel $730 million in the electric car company's director stock options.

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Energy Co. Asks 3rd Circ. To Undo Union Arbitration Ruling

By P.J. D'Annunzio

A nuclear power plant operator told a Third Circuit panel Wednesday that a healthcare plan dispute with union workers should not be considered arbitrable because it stemmed from an old agreement that fell outside the collective bargaining agreement's arbitration provision.

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Netflix Settles Former India Legal Director's Gender Bias Suit

By Bonnie Eslinger

Netflix has settled a wrongful termination and gender discrimination suit filed by the company's former director of business and legal affairs in India, according to a Los Angeles County Superior Court filing.

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Ex-Morgan Stanley Workers Say DOL Pay Plan Opinion Flawed

By Patrick Hoff

U.S. Department of Labor guidance that said a Morgan Stanley deferred compensation plan wasn't protected by federal benefits law ignored court rulings and gives the banking giant an unfair advantage in arbitration proceedings, a trio of ex-employees said in New York federal court.

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DISCRIMINATION

Black Exec Says IBM Fired Her Following Gov't DEI Pressure

By Grace Elletson

IBM fired a Black executive out of racial bias in part of a broader scheme to expel Black employees from its workforce to appease President Donald Trump's distaste for diversity, equity and inclusion efforts among private contractors, the former executive told a Maryland federal court Wednesday.

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Cushman & Wakefield Ex-Broker Alleges Pregnancy Bias

By Chart Riggall

A former Cushman & Wakefield real estate broker claimed in a federal lawsuit Tuesday that she was cheated out of nearly $250,000 in pay after the company slashed her commissions and took away her top account while she was out on maternity leave.

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Flight Attendant Says United Airlines Ignored Sex Harassment

By Rachel Konieczny

A United Airlines flight attendant has filed a federal sexual harassment lawsuit against her employer, alleging it subjected her to inappropriate conduct and perpetuated a hostile work environment where a former airline pilot distributed intimate images of her without her consent.

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Trial Evidence Backs Tossed Claims, Ex-Housing Worker Says

By Hayley Fowler

A former coordinator for the public housing authority in Charlotte, North Carolina, who won a $2.34 million verdict against her one-time employer for negligently retaining a supervisor who created a hostile work environment is looking to revive a host of claims that a federal judge threw out before the trial.

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WAGE & HOUR

Healthcare Co. Can't Kick Former Nurse's OT Suit To W.Va.

By Irene Spezzamonte

An Ohio federal judge ruled that a healthcare company's contract including a forum-selection clause to send disputes to West Virginia doesn't reach a former nurse's Fair Labor Standards Act claim, keeping his overtime suit in place.

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Gov't Can't Nab Win Over Ophthalmologist's Equal Pay Suit

By Irene Spezzamonte

There is still an open question as to whether the government owes liquidated damages, benefits and some back pay to a Department of Veterans Affairs ophthalmologist who claimed she was paid less than male colleagues, a U.S. Court of Federal Claims judge found.

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Healthcare Workers Trade HCA For Subsidiaries In Wage Deal

By Hayley Fowler

A respiratory therapist has reached a tentative deal in a proposed collective action against a healthcare facility operator accused of manipulating workers' time sheets to pay them less overtime wages, North Carolina federal court records show.

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Brief

Capital One Cuts Deal To End OT Misclassification Suit

By Irene Spezzamonte

Capital One will pay $20,000 to end a former learning associate's suit accusing the bank of misclassifying her as overtime-exempt, with a Virginia federal judge signing off on the deal.

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Brief

Groups Drop Challenge To Minn. Misclassification Law

By Irene Spezzamonte

Trade groups that challenged a Minnesota independent contractor classification law have dropped their lawsuit in federal court after an Eighth Circuit panel had turned down their arguments that the law was unconstitutionally vague.

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LABOR

Wash. Judges Probe Starbucks Shareholders' Labor Claims

By Ben Adlin

Washington state appellate judges on Wednesday pushed shareholders suing Starbucks Corp. leaders to identify exactly where in their lawsuit they claimed the coffee retailer intentionally turned a blind eye to alleged union-busting efforts by store managers.

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BENEFITS

Ohio Justices Revisiting Governor's Pandemic Aid Withdrawal

By Abigail Harrison

Ohio's participation in temporarily enhanced unemployment benefits during the early days of the COVID-19 pandemic will again go before the Ohio Supreme Court after the governor petitioned for review, arguing that state law doesn't force him to seek certain federal funds.

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NONCOMPETES

Conn. Med Spa Says Ex-Workers Poaching Clients, Employees

By Zak Kostro

Two former employees of a Connecticut medical spa violated their employment contract when they lured a co-worker to join them at a nearby competitor and began soliciting the spa's clients, a state court lawsuit alleges.

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WHISTLEBLOWER

Wells Fargo Says Ex-Executive's Whistleblower Suit Fails

By Sydney Price

Wells Fargo on Wednesday asked an Illinois federal judge to dismiss a suit from a former high-ranking testing and validation executive who said she was ultimately terminated for flagging reporting inaccuracies, arguing the plaintiff did not correctly report the alleged activity and failed to state a claim.

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EXPERT ANALYSIS

What's At Stake In High Court Pension Liability Case

The U.S. Supreme Court’s upcoming decision in M&K Employee Solutions v. Trustees of the IAM National Pension Fund will determine how an employer’s liability for withdrawing from a multiemployer retirement plan is calculated — a narrow but key issue for employer financial planning and collective bargaining, say attorneys at Thompson Hine.

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AG Watch: Illinois A Key Player In State-Level Enforcement

Illinois Attorney General Kwame Raoul has systematically strengthened his office to fill federal enforcement gaps, oppose Trump administration mandates and advance state policy objectives, particularly by aggressively pursuing labor-related issues, say attorneys at Troutman.

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How Courts Treat Nonservice Clauses For Financial Advisers

Financial advisers considering a job change should carefully consider recent cases that examine controlling state law for nonservice and nonacceptance provisions to prepare for potential legal challenges from former firms, says Andrew Shedlock at Kutak Rock.

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Series

The Biz Court Digest: Texas, One Year In

A year after the Texas Business Court's first decision, it's clear that Texas didn't just copy Delaware and instead built something uniquely its own, combining specialization with constitutional accountability and creating a model that looks forward without losing touch with the state's democratic and statutory roots, says Chris Bankler at Jackson Walker.

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Series

Law School's Missed Lessons: Educating Your Community

Nearly two decades prosecuting scammers and elder fraud taught me that proactively educating the public about the risks they face and the rights they possess is essential to building trust within our communities, empowering otherwise vulnerable citizens and preventing wrongdoers from gaining a foothold, says Roger Handberg at GrayRobinson.

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LEGAL INDUSTRY

Conn. Gov. To Nominate Acting Child Advocate For Role

By Christine DeRosa

Connecticut Gov. Ned Lamont has announced plans to nominate Christina D. Ghio, the state's acting child advocate, to take on the role on a permanent basis.

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Comey Wins Bid For Judge Oversight In Privilege Dispute

By Jared Foretek

A Virginia federal judge has appointed U.S. Magistrate Judge William E. Fitzpatrick to preside over the privilege review of seized materials in the U.S. Department of Justice's case against former FBI Director James Comey, denying the DOJ's proposal for an outside "filter team" of government attorneys to conduct the review themselves.

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4 Things To Know About Fla. Bar Admissions Reform Ideas

By Madison Arnold

A work group has issued its final report on possible changes to bar exam admission requirements in Florida, proposing 12 potential alternatives to the current system of requiring graduates to come from law schools accredited by the American Bar Association.

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LAW FIRMS IN TODAY'S NEWS

Ajamie LLP

Akerman LLP

Bayard PA

Benesch

Bleichmar Fonti

Carmichael Ellis

Chatham & Baricevic

Cooley LLP

Cravath Swaine

DLA Piper

Dann Law Firm

Eberle & Bundick

Fields Kupka

Gibson Dunn

GrayRobinson

Holland & Knight

Izard Kindall

Jackson Walker LLP

Jenkins Fenstermaker

Klafter Lesser

Kutak Rock

Legare Attwood

Lewis Brisbois

Littler Mendelson

McCarter & English

Motley Rice

Pullman & Comley

Quarles & Brady

Richberg Law

Roberts & Stevens

Rosca Scarlato

Scott&Scott

Sullivan & Cromwell

Thompson Hine

Tousley Brain

Troutman

Wilson Sonsini

COMPANIES IN TODAY'S NEWS

AECOM

Activision Blizzard Inc.

Alliant Insurance Services Inc.

American Bar Association

Aon PLC

Choreo LLC

Clearview Energy

Cushman & Wakefield Inc.

Dell Technologies Inc.

DoorDash Inc.

Energy Harbor Corp.

Energy Transfer LP

Financial Industry Regulatory Authority Inc.

FirstEnergy Corp.

Getty Images Holdings Inc.

HCA Healthcare Inc.

IAM National Pension Fund

Inlivian

Instagram Inc.

International Brotherhood of Electrical Workers

International Business Machines Corp.

Internet Archive

Morgan Stanley

Netflix Inc.

Starbucks Corp.

State Bar of California

Tesla Inc.

The Florida Bar

Trump Organization Inc.

U.S. Chamber of Commerce

USI Insurance Services LLC

Uber Technologies Inc.

United Airlines Holdings Inc.

Wells Fargo & Co.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Centers for Disease Control and Prevention

Connecticut General Assembly

Consumer Financial Protection Bureau

Defense Finance and Accounting Service

Delaware Court of Chancery

Equal Employment Opportunity Commission

Federal Bureau of Investigation

Federal Reserve System

Federal Trade Commission

Florida Supreme Court

Franklin County Court of Common Pleas

Idaho Supreme Court

Illinois Attorney General's Office

Minnesota Legislature

National Labor Relations Board

Occupational Safety and Health Administration

Office of the Comptroller of the Currency

Ohio Attorney General's Office

Ohio Supreme Court

Pension Benefit Guaranty Corp.

Superior Court of Massachusetts

Texas Judicial Branch

Texas Legislature

Texas State Senate

Texas Supreme Court

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Department of Education

U.S. Department of Health and Human Services

U.S. Department of Housing and Urban Development

U.S. Department of Justice

U.S. Department of Labor

U.S. Department of Veterans Affairs

U.S. Department of the Treasury

U.S. District Court for the District of Arizona

U.S. District Court for the District of Columbia

U.S. District Court for the District of Maryland

U.S. District Court for the District of Minnesota

U.S. District Court for the District of Oregon

U.S. District Court for the Eastern District of Virginia

U.S. District Court for the Middle District of Florida

U.S. District Court for the Middle District of Pennsylvania

U.S. District Court for the Northern District of Georgia

U.S. District Court for the Southern District of Illinois

U.S. District Court for the Southern District of Iowa

U.S. District Court for the Southern District of New York

U.S. Environmental Protection Agency

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

US Office of Management and Budget

United States District Court for the District of Colorado

United States District Court for the Eastern District of Wisconsin

United States District Court for the Southern District of Ohio