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Employment
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April 18, 2025
NJ Law Prof Given Chance To Amend Tossed Free Speech Suit
A New Jersey federal judge has declined a law professor's request to revive her free speech suit against Kean University over alleged controversial statements made in class, finding she failed to show errors in law in his dismissal, but left the door open for her to amend her complaint.
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April 18, 2025
Tesla Settles Black Production Worker's Race Bias Suit
Tesla has agreed to settle a Black former production worker's suit claiming she was called racist slurs on the job and retaliated against for complaining that the facility fostered a culture of discrimination, according to a California federal court filing.
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April 18, 2025
Off The Bench: Maine Sued Over Trans Ban, NIL Deal Tweaked
In this week's Off The Bench, the Trump administration takes aim at Maine's policy on transgender athletes, the NCAA's settlement with athletes stands firm on a contentious clause, and a university that displayed a controversial quiz question at a football game settles with the quiz's creator.
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April 18, 2025
MLB Players Aim To Strike Out DraftKings NIL Case Appeal
Major League Baseball players called foul on DraftKings Inc.'s bid for the Third Circuit to decide whether the players' claims that the betting app used photos of them in ads without permission can proceed, arguing that a lower court got it right when it refused to dismiss their claims.
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April 18, 2025
NY State Settles Ex-Cuomo Aide's Sex Harassment Suit
The state of New York agreed Friday to pay $450,000 to resolve a lawsuit claiming it didn't do enough to address allegations by a onetime aide to former Gov. Andrew Cuomo that he made inappropriate comments and sexual advances toward her.
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April 18, 2025
Fla. Law Seeks To 'Demonize' Trans Workers, Suit Says
A transgender teacher was forced to quit after a Florida school district required him to use pronouns that didn't align with his gender identity under a state law that aims to "stigmatize and demonize" transgender workers, he told a federal court in a discrimination suit.
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April 18, 2025
CFPB Mass Layoffs Blocked Again In DC Court
A D.C. federal judge once again halted the layoffs of more than 1,000 employees of the Consumer Financial Protection Bureau, saying at an emergency hearing Friday morning that she needed a full record to determine whether the firings complied with a D.C. Circuit order from last week.
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April 18, 2025
Student Visa Crackdown Sparks Fears Of Talent Shortage
The Trump administration's aggressive push to revoke student visas and terminate their records in a government database that tracks international students is rattling employers that rely on a pipeline of foreign students to fill key high-skilled labor needs.
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April 17, 2025
Fla. Legal Consultant Says La. Atty Stole Info, Started Own Biz
A Florida company that advises small law firms on how to run successful businesses has sued a lawyer and former manager for allegedly stealing confidential information, saying he quit and ran off to Louisiana to start a competing business using trade secrets he learned at his previous job.
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April 17, 2025
NY Judge Scrubs Groups' Anti-Congestion-Pricing Claims
A Manhattan federal judge on Thursday rejected claims from local residents and community groups alleging New York's revised congestion pricing tolls wrongfully discriminated against out-of-state commuters and unfairly benefited public transit riders instead of roadway users.
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April 17, 2025
Judge Grants Reduced Atty Award in Bowling Alley Chain Suit
A Virginia federal judge trimmed just over $150,000 in attorney fees requested by a bowling alley chain after winning summary judgment in a suit against its former chief information officer, whom it accused of hacking into its computer system and CEO's email.
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April 17, 2025
NC Justice Unsure Contractor Can Avoid Workers' Comp Payout
A North Carolina Supreme Court justice seemed skeptical of a construction company's argument that a sheriff's department should cover the entire cost of a workers' compensation payout to a deputy injured while directing traffic on a bridge repair job, citing the court's precedent on the topic during an oral argument Thursday.
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April 17, 2025
DC Circ. Says Lateness Doomed Starbucks' NLRB Challenge
The National Labor Relations Board was not obligated to accommodate Starbucks after its attorney filed a challenge to a board judge's ruling 23 minutes late, the D.C. Circuit ruled Thursday, holding that the board did not abuse its discretion by refusing to process the challenge.
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April 17, 2025
Tenet Asks Court To Enforce Dead Arbitrator's $546K Award
Tenet Healthcare Corp. has asked a Washington, D.C., federal judge to require the Service Employees International Union to follow an arbitrator's final order to pay $546,000 after making derogatory statements, despite the arbitrator dying before ruling on the union's post-judgment reconsideration motion.
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April 17, 2025
9th Circ. Tosses Objections To $10.4M CVS Wage Settlement
A pharmacist's objections to a $10.4 million settlement of a wage and hour class action affecting 24,000 CVS employees hold no weight, a Ninth Circuit panel found, ruling Thursday that a California federal judge adequately considered the merits of each objection before tossing them.
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April 17, 2025
CFPB Mass Layoffs Resume, Hitting All Corners Of Agency
The Consumer Financial Protection Bureau's acting Director Russell Vought moved Thursday to resume mass firings at the agency, prompting a scramble from its employee union to head off a torrent of pink slips terminating the vast majority of the agency's workforce.
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April 17, 2025
AFL-CIO, Unions Can Pursue Some DOGE Access Claims
The AFL-CIO, unions and advocacy groups may pursue allegations that Elon Musk's Department of Government Efficiency lacks the power to access data from the U.S. Department of Labor and other federal agencies, a D.C. federal judge ruled while tossing some claims under federal administrative and privacy law.
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April 17, 2025
Jenner & Block Fights DOJ Bid To Toss Exec Order Suit
Jenner & Block LLP on Thursday urged a D.C. federal court to reject the government's bid to dismiss its lawsuit challenging President Donald Trump's executive order targeting the firm, saying the "legal profession as a whole is watching."
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April 17, 2025
Travel Tech Co. Accused Of Misclassifying Sales Workers
A travel technology company incorrectly classifies sales employees as exempt from earning overtime wages despite their job duties not falling under any overtime exemption, a proposed class action filed in Colorado state court said.
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April 17, 2025
No Redo In Ex-CEO's $6M Stock Case Against Co., Law Firm
The former CEO of WorldQuant Predictive Technologies LLC cannot reargue failed $6 million stock loss claims against the company from which he was ousted or its law firm Pullman & Comley LLC, a Connecticut trial judge has ruled.
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April 17, 2025
Ex-NJ Prosecutor Says Whistleblower Suit Should Go To Trial
A former deputy director of the Union County Prosecutor's Office who says she was demoted to "girl Friday" status after becoming a whistleblower told a state judge that her lawsuit should survive to go to trial because there are many factual disputes that a jury should decide.
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April 17, 2025
Morgan Stanley Ends Fight Over Worker's $1.6M Bias Award
Morgan Stanley and a former employee told a North Carolina federal court Thursday that they have reached a deal to end the financial giant's legal challenge to a $1.6 million arbitration award handed to the ex-worker who claimed he was fired out of sex and age bias.
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April 17, 2025
Former Law Firm Leader Launches Whistleblower Suit In Fla.
The former Jacksonville office managing partner of Matthiesen Wickert & Lehrer SC has launched a whistleblower lawsuit in Florida state court against the firm alleging she was forced to leave because a paralegal was engaging in the unauthorized practice of law.
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April 17, 2025
Ex-Dole Employee Can't Swap Other Worker Into PAGA Suit
A California trial court correctly prevented a former Dole employee from substituting himself in his Private Attorneys General Act case with another worker suing the company, a state appeals court ruled, saying the two workers didn't have much in common.
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April 17, 2025
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen the producers of West End show "Elf the Musical" face a contract dispute, Korean biotech company ToolGen Inc. bring a fresh patents claim against pharma giant Vertex, and ousted car tycoon Peter Waddell bring a claim against the private equity firm that backed his business. Here, Law360 looks at these and other new claims in the U.K.
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.