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Employment
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October 29, 2024
Delta Used TSA Program To Wrongfully Fire Worker, Suit Says
Delta Air Lines was sued in Georgia federal court on Monday by a former ramp agent who alleged the company used a new Transportation Security Administration program to fire him for taking periodic medical leave to treat pulmonary embolisms, a heart attack and COVID-19.
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October 29, 2024
Military Reservist Not Exempt From Extra Pay, Justices Told
Military reservists are owed top-up pay if they're called to serve during a war or national emergency, regardless of whether they're directly serving in those events, a U.S. Coast Guard reservist told the U.S. Supreme Court.
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October 28, 2024
Union Pacific Told To Face Injury Retrial With Reinstated Expert
Railroad giant Union Pacific must face retrial against an injured worker after a California appeals court ruled that an expert with decades of rail experience but no formal accident-analysis training was wrongly blocked from telling a jury how a freight train behaves when starting up.
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October 28, 2024
Partner Sues Over Firm Breakup After $100M Conn. Verdict
Ryan C. McKeen, the former CEO of a trial firm known for high-dollar verdicts, is wrongfully trying to arbitrate a dispute over the terms of the practice's breakup, his former law partner Andrew P. Garza alleged in a state court showdown between the two 50% owners and their families.
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October 28, 2024
Calif. High Court Says Judicial DQ Bids Must Be Timely
The California Supreme Court on Monday held that an appellate court got it wrong by determining a timeliness requirement doesn't apply when a party alleges that a judge is disqualified due to bias, in a case that resulted in a $43.5 million judgment for hundreds of title company employees.
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October 28, 2024
NLRB Told To Study Starbucks Case In Newspaper Union Battle
A Pennsylvania federal judge on Monday told National Labor Relations Board attorneys to bolster their bid to force the Pittsburgh Post-Gazette's publishers back to the bargaining table with striking unions, pointing out the higher bar the U.S. Supreme Court recently set for obtaining injunctions against employers over unfair labor practices.
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October 28, 2024
Ex-Oracle Manager, Software Co. Face Trade Secrets Suit
A new lawsuit by Oracle claims that a manager left the company for a competing venture-backed construction software tech outfit and "absconded with thousands of Oracle's trade secret[s]."
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October 28, 2024
Boston Pizzeria Owner Gets Over 8 Years In Forced Labor Row
A Massachusetts federal judge sentenced the owner of a Boston pizzeria to 8½ years in prison after a jury in June convicted him for using physical abuse and threats of violence and deportation to control hourly foreign workers who lacked work authorization.
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October 28, 2024
Surge In Nicotine Fee Suits Shows Wellness Program Risks
A recent crop of suits accusing large employers of violating nondiscrimination provisions in federal benefits law by making workers who use nicotine pay more for health insurance underscore the risk of using fees to offset healthcare costs, attorneys say. Here are five nicotine surcharge suits to keep an eye on.
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October 28, 2024
Colo. Judge: Attys Have Work To Do On Disability Acceptance
A Colorado appeals court judge who co-founded the Colorado Disability Bar Association told a room of law students Monday that while the legal community has made progress on being inclusive of those with physical disabilities, work remains on accepting lawyers with "invisible disabilities" like mental health conditions, neurodivergence and chronic pain.
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October 28, 2024
Boeing Moves Ahead With $19B Share Sale Amid Cash Crunch
Boeing launched plans Monday to sell common and preferred stock estimated to raise nearly $19 billion, potentially easing the aviation giant's cash crush amid a prolonged strike and production setbacks, represented by Kirkland & Ellis LLP and underwriters' counsel Davis Polk & Wardwell LLP.
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October 28, 2024
NY Suit Over Inaccurate Background Check Gets Dropped
A man who lost a job opportunity with the Home Shopping Network after an allegedly faulty background check pinned him for cocaine trafficking instead of marijuana peddling agreed to drop his suit against the screening company.
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October 28, 2024
2nd Circ. Enforces NLRB Order Against Theater Co.
The Second Circuit has enforced a National Labor Relations Board order compelling a theatrical production company to hand over certain documents to the Actors' Equity Association, saying Monday the company can't cite a concern that the union might publicize the information as a reason to withhold it.
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October 28, 2024
Yellow Corp. Says Failing Biz Excuses WARN Act Duty
Bankrupt trucking firm Yellow Corp. told a Delaware judge Monday that it should get early wins in suits brought by laid off employees, saying that because the company had ceased most business operations, it was excused from notification obligations surrounding the firing of thousands of workers.
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October 28, 2024
DOD Settles Bias Suit Over 'Don't Ask, Don't Tell' Discharges
The U.S. Department of Defense has reached a settlement in principle with a group of LGBTQ+ service members who sued the U.S. military in California federal court claiming veterans discharged under the former Don't Ask, Don't Tell policy, which banned non-heterosexual service members, continued to face discrimination.
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October 28, 2024
J. Crew Asks Court To Ratify Ex-GC's Arbitration Loss
J. Crew is asking a New York federal judge to confirm an arbitrator's ruling from earlier this month that found it hadn't fired its former legal chief, Maria DiLorenzo, in retaliation for her complaints about colleagues' discriminatory comments about her hearing loss.
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October 28, 2024
Philly Attys Sued For Allegedly Botching Bias Lawsuit
A malpractice suit filed in Philadelphia court alleges that attorneys at the Law Offices of Eric A. Shore did not properly manage a pair of federal employment discrimination cases for a power plant engineer, causing the dismissal of one complaint and a diminished jury verdict in the second.
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October 28, 2024
Pierson Ferdinand Hires Ex-Morris Manning L&E Atty
Pierson Ferdinand LLP announced Monday that a former Morris Manning & Martin LLP attorney whose practice spans litigation, human resources counseling and transactional work is the latest addition to its employment, labor and benefits practice.
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October 28, 2024
Medical Laser Co. Seeks Multiplier For Rival's 'Deceitful' Raid
A medical laser company has asked a Boston federal judge to double or triple its $25 million verdict against a rival firm — and tack on attorney fees and $6.8 million in interest — for a "calculated and deceitful corporate raid" on its sales workforce.
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October 28, 2024
Fired Exec Says TikTok Can't Force Bias Suit Into Arbitration
A fired TikTok marketing executive told a New York federal court the company can't short-circuit her suit claiming her age and gender landed her on a company "kill list," arguing that her case is protected by a law curbing mandatory arbitration because it includes sexual harassment allegations.
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October 28, 2024
Farm Co. Can't Push Worker's Wage Suit To Arbitration
A California appeals court refused to send to arbitration a farm laborer's suit accusing a farm labor contractor of shorting workers on wages, saying the company can't rely on an arbitration pact that one of its clients signed with the workers.
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October 25, 2024
5th Circ. Punts Musk Tweet Lawfulness, But Axes NLRB Order
An en banc Fifth Circuit majority on Friday overturned a National Labor Relations Board decision that a tweet Tesla CEO Elon Musk sent during a United Auto Workers unionization campaign violated federal labor law, while the court's dissenting members criticized the majority's decision as "logically incoherent."
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October 25, 2024
OpenAI, Authors Battle Over Execs' Texts And Proof Of Harm
California labor law doesn't shield OpenAI from producing CEO Sam Altman's and President Greg Brockman's texts and social media messages relevant to a copyright infringement lawsuit, authors alleging OpenAI and Microsoft illegally used their copyrighted works to train artificial intelligence program ChatGPT have told a New York federal judge.
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October 25, 2024
NLRB Wins Injunction, Defeats Constitutional Claims In Mich.
A Michigan federal judge handed the National Labor Relations Board two victories Friday in the agency's dispute with a hospital, ordering the hospital to resume recognizing the Service Employees International Union affiliate it ousted last year and rejecting the hospital's argument that the agency's structure is unconstitutional.
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October 25, 2024
How Big Crash Verdict Revealed Blueprint For Suing Amazon
A rare $16.2 million verdict against Amazon recently awarded by a Georgia jury is proof that a blueprint of sorts now exists for pinning liability on the retail giant in crash cases involving independent contractors, according to a veteran attorney who helped win the case.
Expert Analysis
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Addressing Labor Shortages In The Construction Industry
As the construction industry's ongoing struggle with finding sufficient skilled workers continues, companies should consider a range of solutions including a commitment to in-house training and creative contracting protocols, say Brenda Radmacher and Allison Etkin at Akerman.
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Tailoring Compliance Before AI Walks The Runway
Fashion industry players that adopt artificial intelligence to propel their businesses forward should consider ways to minimize its perceived downsides, including potential job displacements and algorithmic biases that may harm diversity, equity and inclusion efforts, say Jeffrey Greene and Ivory Djahouri at Foley & Lardner.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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3 Surprising Deposition Dangers Attorneys Must Heed
Attorneys often do not think of discovery as a particularly risky phase of litigation, but counsel must closely heed some surprisingly strict and frequently overlooked requirements before, during and after depositions that can lead to draconian consequences, says Nate Sabri at Perkins Coie.
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What Employers Need To Know About Colorado's New AI Law
The Colorado AI Act, enacted in May and intended to regulate the use of high-risk artificial intelligence systems to prevent algorithmic discrimination, is broad in scope and will apply to businesses using AI for certain employment purposes, imposing numerous compliance obligations and potential liability, say Laura Malugade and Owen Davis at Husch Blackwell.
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Opinion
Paid Noncompetes Offer A Better Solution Than FTC's Ban
A better alternative to the Federal Trade Commission's recent and widely contested noncompete ban would be a nationwide bright-line rule requiring employers to pay employees during the noncompete period, says Steven Kayman at Rottenberg Lipman.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Where Anti-Discrimination Law Stands 4 Years After Bostock
On the fourth anniversary of the U.S. Supreme Court's landmark Bostock ruling, Evan Parness and Abby Rickeman at Covington take stock of how the decision, which held that Title VII protects employees from discrimination because of their sexual orientation and gender identity, has affected anti-discrimination law at the state and federal levels.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Crafting An Effective Workplace AI Policy After DOL Guidance
Employers should take proactive steps to minimize their liability risk after the U.S. Department of Labor released artificial intelligence guidance principles on May 16, reflecting the reality that companies must begin putting into place policies that will dictate their expectations for how employees will use AI, say David Disler and Courtnie Bolden at Porzio Bromberg.
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Patent Lessons From 7 Federal Circuit Reversals In May
A look at recent cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court provide guidance on how to succeed on appeal by clarifying the obviousness analysis of design patents, the finality of a judgment, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.