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Employment
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April 11, 2025
DOGE, OMB Ordered To Ready 1,000s Of Pages In FOIA Suit
A D.C. federal judge ordered the Office of Management and Budget and the Department of Government Efficiency to start processing 1,000 pages of documents per month to potentially hand over to a watchdog group seeking insight into DOGE's "secretive operations," saying DOGE's actions were of "highest national concern."
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April 11, 2025
Boeing Birth Defect Cases Paused Until Wash. Appeals Ruling
Lawsuits seeking to hold Boeing liable for birth defects sustained by children of the company's factory workers were put on hold, after a Washington state judge ruled that an appeals court must first decide if companies have a duty of care for the "not-yet-conceived offspring" of their employees.
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April 11, 2025
American Airlines Toxic Uniforms Bellwether Trials Get Scuttled
An Illinois federal judge said Friday that bellwether plaintiffs suing American Airlines over allegedly toxic employee uniforms didn't have sufficient expert evidence showing that the uniforms triggered the employees' health symptoms, scuttling trials that were scheduled to start this summer.
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April 11, 2025
Dallas Jury Clears Omni Hotels Of Gender-Based Pay Bias
A Dallas federal court jury on Friday cleared Omni Hotels Management Corp. of gender discrimination accusations in Omni's second go at defending against the suit before a jury, handing Omni a clean victory after the Fifth Circuit ordered a new trial.
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April 11, 2025
Dish Says Worker Signed Release Barring NDA Class Action
The Dish Network told a Colorado state judge that a former employee can't bring a class action alleging that its separation agreements contain illegal nondisclosure provisions because she released any claims against the company when she signed the separation deal and collected severance.
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April 11, 2025
Judge Says Ex-Prof Can't Thread Needle Of Tenure Bias Claim
Mercer University defeated a yearslong lawsuit from a former professor who alleged she was denied a tenured position due to her gender, as a Georgia federal judge ruled that the professor was asking the court to become "a super personnel department tasked with looking over the shoulders of a decisionmaker."
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April 11, 2025
Rebuffed Medical Pot Patient Can Pursue Disability Bias Claim
A Pennsylvania federal judge has reinstated a medical marijuana user's disability bias claim in a lawsuit against a Cleveland-based construction company after revisiting a prior order, finding the company might have failed to explore alternative accommodations for the man's disabilities — apart from cannabis use — before rescinding a job offer.
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April 11, 2025
NC Judge Whittles PVC Pipe Co.'s Trade Secrets Suit
A state court judge has scaled back PVC pipe-maker Atkore International Inc.'s suit accusing a former high-level executive of taking valuable information to a competitor, greenlighting the company's claim for trade secrets' theft but rebuffing its noncompete as unenforceable.
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April 11, 2025
Pot Co. Brings Calif. Labor Peace Law Challenge To 9th Circ.
A cannabis retailer challenging the constitutionality of a California law that requires marijuana businesses to have labor peace agreements is bringing its legal battle to the Ninth Circuit.
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April 11, 2025
3rd Circ. Urged To Rethink Teamsters Fund's Win In $39M Row
Affiliates of a bankrupt dairy business are urging the Third Circuit to hold a full court rehearing on its split panel decision that a Teamsters union pension fund can sue them to enforce a $39 million settlement, arguing the law "simply does not say" what the majority ruled it says.
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April 11, 2025
Texas, Washington Immigration Firm Rivals Settle Suit
A Washington state-based immigration firm and a Texas rival have agreed to settle a trade secrets battle between them, telling a Houston federal court they've agreed to drop all the allegations in the case.
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April 11, 2025
Ex-BofA Worker Seeks Class Status Over Unpaid PTO
Bank of America applies the same nationwide policy of not paying unused vacation time when employees part ways with the company, a former lending officer said, urging a California federal court to grant her case class certification.
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April 11, 2025
Off The Bench: A Wait On NIL Settlement, Done Deal In Soccer
In this week's Off The Bench, the big NCAA name, image and likeness settlement still needs more work, a long-awaited settlement between U.S. Soccer and a prominent sports promotion company is completed, and a resolution of the conflict between Northwestern University and its football players is a step closer.
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April 11, 2025
EPA Workers Allege Discrimination Over Indefinite Leave
U.S. Environmental Protection Agency employees dedicated to working on issues facing poor and minority communities exposed to disproportionate pollution say in a new complaint that the EPA is discriminating against them by forcing them into indefinite leave.
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April 11, 2025
Mich. Co. Kept Truckers In Dark About Healthcare, Union Says
A Detroit trucking company's union contract required it to provide its workers with health insurance, but the company didn't take the necessary steps to ensure that employees signed up, a Teamsters local told a Michigan federal judge, seeking to compel the company to provide the benefit.
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April 11, 2025
5 BigLaw Firms Strike Deals With Trump Administration
The world's highest-grossing law firm, Kirkland & Ellis LLP, is among a group of five BigLaw firms that have reached deals with President Donald Trump's administration to stave off executive orders that could have pulled their federal security clearances and hampered their ability to serve as legal counsel to the federal government and its contractors, according to social media posts by the president Friday.
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April 11, 2025
Arbitration Pacts Doom Domino's Drivers' Wage Collective
A proposed collective action accusing Domino's Pizza of refusing to properly reimburse drivers for delivery expenses cannot proceed, the company told a Michigan federal court, saying there are no identifiable drivers to take up the case who aren't subject to an arbitration agreement.
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April 10, 2025
Omni Hotel Underpaid Woman Due To Bias, Dallas Jury Hears
Counsel for a woman accusing Omni Hotels Management Corp. of gender discrimination told a federal jury in Dallas on Thursday that the company paid her less than her three male predecessors, capping off the woman's second attempt at getting a verdict to stick after the Fifth Circuit ordered a new trial.
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April 10, 2025
BASF Accuses Duracell Of Stealing Lithium Battery Secrets
Duracell is being accused by chemical company BASF Corp. of stealing trade secrets about its lithium battery technology after gaining access to the information through a cooperation agreement, according to a lawsuit unsealed in Delaware federal court.
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April 10, 2025
Insurance Agency Accuses Former Exec Of Poaching Clients
A Florida insurance agency has accused its former vice president of sales of poaching clients and misappropriating trade secrets when he left for a direct competitor, according to a lawsuit removed to federal court.
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April 10, 2025
Expedia Forced Restroom Spy Cam Victim To Quit, Suit Says
A former Expedia Inc. employee who was the victim of voyeurism via a bathroom spy camera at work alleges in a complaint filed in Washington state court that she was forced to resign after the company retaliated against her for wanting to work from home after the incident.
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April 10, 2025
ALA, AFSCME Sue To Stop Trump Cuts To Library Services
President Donald Trump's administration is acting against Congress' will by making significant cuts to the agency that serves as "the lifeblood of the American library system," the American Library Association and a federal workers' union argued in Washington, D.C., federal court Thursday, asking the court to reverse the cuts.
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April 10, 2025
Soulja Boy's Ex-Assistant Wins $4.25M At Trial Over Abuse
A jury in California state court held Thursday that the rapper known as Soulja Boy must pay $4.25 million for physically and sexually abusing his live-in personal assistant for nearly two years, according to the plaintiff's counsel.
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April 10, 2025
Oracle Wins Bid To Keep Trade Secret Case Out Of Arbitration
Oracle doesn't have to arbitrate its trade secret case against a former employee accused of absconding to a rival with confidential information related to enterprise resource planning applications, after a California federal judge said Wednesday he signed a proprietary information contract that says such issues could be litigated in court.
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April 10, 2025
3rd Circ. Judge At 'Crossroads' In H-2A Farmworker Row
A Third Circuit judge suggested Thursday that the outcome of a case alleging that a Garden State farm violated provisions of a temporary guest worker program hinges on whether it's an immigration matter or a labor dispute, a determination that should be made before the panel can view it through a post-Jarkesy lens.
Expert Analysis
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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DOJ Immigration Playbook May Take Cues From A 2017 Case
A record criminal resolution with a tree trimming company accused of knowingly employing unauthorized workers in 2017 may provide clues as to how the U.S. Department of Justice’s immigration crackdown will touch American companies, which should prepare now for potential enforcement actions, says Jonathan Porter at Husch Blackwell.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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How Justices Rule On Straight Bias May Shift Worker Suits
Following oral argument at the U.S. Supreme Court in Ames v. Ohio Department of Youth Services, in which a heterosexual woman sued her employer for sexual orientation discrimination, the forthcoming decision may create a perfect storm for employers amid recent attacks on diversity, equity and inclusion, say attorneys at Proskauer.
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Rebuttal
6 Reasons Why Arbitration Offers Equitable Resolutions
Contrary to a recent Law360 guest article, arbitration provides numerous benefits to employees, consumers and businesses alike, ensuring fair and efficient dispute resolution without the excessive fees, costs and delays associated with traditional litigation, say attorneys at Proskauer.
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PG&E Win Boosts Employers' Defamation Defense
A California appeals court's recent Hearn v. PG&E ruling, reversing a $2 million verdict against PG&E related to an ex-employee’s retaliation claims, provides employers with a stronger defense against defamation claims tied to termination, but also highlights the need for fairness and diligence in internal investigations and communications, say attorneys at Kaufman Dolowich.
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Jurisdiction Argument In USAID Dissent Is Up For Debate
A dissent refuting the U.S. Supreme Court’s recent order directing the U.S. Agency for International Development to pay $2 billion in frozen foreign aid argued that claims relating to already-completed government contract work belong in the U.S. Court of Federal Claims – answering an important question, but with a debatable conclusion, says Steven Gordon at Holland & Knight.
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How Importers Can Minimize FCA Risks Of Tariff Mitigation
False Claims Act risks are inherent in many tariff mitigation strategies, making it important for importers to implement best practices to identify and report potential violations of import regulations before they escalate, says Samuel Finkelstein at LMD Trade Law.
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Explaining CFPB's Legal Duties Under The Dodd-Frank Act
While only Congress can actually eradicate the Consumer Financial Protection Bureau, the Trump administration has sought to significantly alter the agency's operations, so it's an apt time to review the minimum baseline of activities that Congress requires of the CFPB in Title X of the Dodd-Frank Act, say attorneys at Bradley Arant.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Employer Tips To Navigate Cultural Flashpoints Investigations
As companies are increasingly flooded with complaints of employees violating policies related to polarizing social, cultural or political issues, employers should beware the distinct concerns and increased risk in flashpoints investigations compared to routine workplace probes, say attorneys at Seyfarth.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Class Actions At The Circuit Courts: March Lessons
In this month's review of class actions appeals, Mitchell Engel at Shook Hardy discusses three federal appellate court decisions and identifies practice tips from cases involving antitrust allegations against coupon processing services, consumer fraud and class action settlements.
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A Path Forward For Employers, Regardless Of DEI Stance
Whether a company views the Trump administration's executive orders ending diversity, equity and inclusion programs as a win or a loss, the change rearranges the employment hazards companies face, but not the non-DEI and nondiscriminatory economic incentive to seek the best workers, says Daniel S. Levy at Advanced Analytical Consulting Group.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.