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Employment
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April 07, 2025
Pa. Supreme Court Snapshot: Electric Bills, Jock Tax
The Pennsylvania Supreme Court will open its three-day session in Pittsburgh Tuesday with arguments over how to weigh when a coworker or co-owner shares in an employer's immunity from lawsuits under the state's workers' compensation law, and if electricity providers can get additional services put on the utility bills drawn up by power distributors.
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April 07, 2025
Snyder's-Lance Looks To Ax Proposed Class Wage Claims
The company that makes Snyder's pretzels asked a North Carolina federal judge Monday to deny a Pennsylvania employee's bid to represent a class of workers from 12 states in a wage lawsuit, arguing she can't sue under the laws of the 11 states she doesn't live or work in.
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April 07, 2025
Ga. Management Co. Fired Worker Over Tremors, Suit Says
Crisp Inc., an Atlanta-based business management company, was sued Monday in federal court by a former client success manager who alleged she was fired for asking to work from home due to psychogenic tremors.
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April 07, 2025
NJ Panel Upholds Nix Of Police Unions' Retroactive Pay Suit
Two New Jersey police unions couldn't convince a state appeals court that Atlantic City and the state owed retroactive raises to officers, an appellate panel ruled Monday, finding a law focused on assisting municipalities with financial troubles supplants agreements about wage increases and promotions.
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April 07, 2025
AFGE Demands Halt To Homeland Security's CBA Termination
The American Federation of Government Employees and one of its affiliates requested an injunction to block U.S. Department of Homeland Security Secretary Kristi Noem's move to end a collective bargaining agreement covering Transportation Security Administration employees, accusing the Trump administration of retaliating against the union.
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April 07, 2025
Wage Access Co. Says NY AG Threatened Suit, Seeks Relief
Earned-wage access provider DailyPay sued Letitia James on Monday seeking a declaratory judgment that its payments do not constitute loans under New York law or violate federal and state laws, alleging the state attorney general has effectively declared all such products illegal.
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April 07, 2025
6th Circ. Says Job Performance Dooms Ex-Exec's Bias Suit
The Sixth Circuit backed security company Idemia's defeat of a former executive's lawsuit claiming he was forced out because he was over 50 and undergoing prostate cancer treatment, finding Monday he couldn't overcome the explanation that his boss had lost confidence in his leadership abilities.
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April 07, 2025
OMB Issues Guidance On Agency Use, Purchasing Of AI
The Office of Management and Budget issued a pair of memorandums last week that replaced the Biden administration's safeguards on the federal acquisition of artificial intelligence with a policy aimed at accelerating federal agencies' use and procurement of artificial intelligence.
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April 07, 2025
Ex-Exec Says Pot Tracking Co. Fired Him For Whistleblowing
A former executive at Metrc, the company that provides product tracking services for a majority of U.S. regulated cannabis markets, has alleged in a new federal lawsuit that he was fired for speaking out about the company's business practices.
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April 07, 2025
Denver Builder Says Ex-Employee Stole Info For Competitor
A full-service general building contractor has accused a former employee and an industry rival in Colorado state court of using stolen confidential business information to make a competitive bid for a 2025 "large scale" Colorado project that's anticipated to create more than $20 million in revenue.
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April 07, 2025
Lively Seeks To Ax PR Rep's 'It Ends With Us' Defamation Suit
Blake Lively urged a Texas federal court Monday to toss an Austin-based public relations consultant's defamation suit alleging Lively falsely roped the consultant into her sexual harassment and retaliation claims against her "It Ends With Us" director and co-star Justin Baldoni, saying the case lacks merit and shouldn't be adjudicated in Texas.
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April 07, 2025
GOP Lawmaker Floats Bill To Block PWFA Abortion Rules
A Republican representative introduced legislation that aims to block U.S. Equal Employment Opportunity Commission regulations that would require employers to accommodate workers' abortions under the Pregnant Workers Fairness Act.
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April 07, 2025
Former Workers Say X Corp. Refuses To Arbitrate Their Claims
A group of former Twitter employees is trying to force the company now known as X to arbitrate the workers' challenges to allegedly unlawful actions taken after Elon Musk's acquisition of the platform, claiming the social media giant is preventing their cases from moving forward by refusing to pay the full arbitration fees.
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April 07, 2025
Ohio Hospital Illegally Conducted Mass Layoffs, Workers Say
An Ohio hospital abruptly laid off more than 100 workers without notice and failed to pay many of those employees their final paychecks, a proposed class action filed in federal court said.
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April 07, 2025
Grocers Say Colo. AG Can't Fish For More 'No-Poach' Claims
Kroger and Albertsons have accused Colorado's attorney general of going on a "fishing expedition" as they wait for a ruling on a claim that the grocers brokered an illegal "no-poach" agreement during a 2022 grocery store strike, in a motion asking a Colorado state court to quash document requests into a February strike.
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April 07, 2025
DraftKings Eyes 3rd Circ. Review Of MLB Players' Suit Claims
DraftKings has asked a Pennsylvania federal court to allow the Third Circuit to weigh in on key unsettled legal issues in a lawsuit that accuses the organization of using the photos of MLB players without permission, saying a decision in its favor could end the case.
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April 07, 2025
9th Circ. Says Teamsters Didn't Taint UPS Election
Teamsters representatives didn't taint the results of a UPS union representation election by chatting with workers in a warehouse parking lot while the vote went on inside, a Ninth Circuit panel ruled Monday, saying the representatives' "brief conversations with three voters … did not constitute objectionable electioneering or voter intimidation."
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April 07, 2025
Ex-Seton Hall Prez Must Maintain Confidential Info In Leak Suit
A New Jersey state judge ordered Seton Hall University's former president to preserve any proprietary materials he allegedly obtained amid allegations he leaked a confidential internal document that found his successor had failed to report allegations of sexual abuse when the new president headed a Catholic seminary.
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April 07, 2025
Mass. Firm Prevails Over Ex-Attys In Stolen Client Files Saga
A Massachusetts appeals panel has found that a law firm may recoup damages from its former attorneys who are accused of smuggling out client files to start a new shop while still employed, the latest ruling in a yearslong legal battle that has played out across the state's trial, appellate and supreme courts.
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April 07, 2025
Litigation Firms Back Perkins Coie In Suit Over Trump Order
A slew of midsize and small litigation firms took up Perkins Coie LLP's cause in its legal battle against an executive order from President Donald Trump targeting the BigLaw firm, arguing Monday in an amicus brief that the order is "anathema" to the justice system.
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April 07, 2025
Morgan Lewis Employment Pro Joins Ogletree's DC Office
Ogletree Deakins Nash Smoak & Stewart PC has grown its offerings in Washington, D.C., with the addition of a former National Labor Relations Board attorney who joins from Morgan Lewis & Bockius LLP.
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April 07, 2025
Drivers Say Amazon Attys Covertly Contacted Class Members
Amazon's attorneys should be sanctioned for coercing potential collective members in a wage and hour case to provide testimony without properly filling them in on the litigation, delivery drivers told a Washington federal court.
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April 07, 2025
Whole Foods To Settle Bonus Manipulation Suit
Whole Foods has agreed to resolve a lawsuit claiming the grocery chain rigged an employee bonus program to reduce payouts to workers, according to a filing in D.C. federal court.
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April 07, 2025
Littler Wants Out Of Fired Tech Exec's Bias Suit
Littler Mendelson has asked to be cut loose from a former tech company executive's suit claiming the firm and the business worked together to retaliate against her for complaining that her boss made bigoted comments, arguing to a New York federal court that it can't be held liable for the legal advice it provided.
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April 07, 2025
3 Plead To Construction Scheme That Skirted $26M In Taxes
Three Floridians have pled guilty to a fraud scheme that prosecutors said caused more than $26 million in tax losses, bilked insurance companies and helped employ people unauthorized to work in the United States, according to court filings.
Expert Analysis
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Improving Comms Between Trial Attys And Tech Witnesses
In major litigation involving complex technology, attorneys should employ certain strategies to collaborate with companies' technical personnel more effectively to enhance both the attorney's understanding of the subject matter and the expert's ability to provide effective testimony in court, say attorneys at Buchalter.
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Navigating Title IX Compliance In The NIL Era
As universities push to move more name, image and likeness activity in-house, it's unclear how the NCAA and its members will square implementation of the House settlement with Title IX requirements, say attorneys at Buchanan Ingersoll.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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It Starts With Training: Anti-Harassment After 'It Ends With Us'
Actress Blake Lively's recent sexual harassment and retaliation allegations against her "It Ends With Us" co-star, director and producer, Justin Baldoni, should remind employers of their legal obligations to implement trainings, policies and other measures to prevent sexual harassment in the workplace, say attorneys at Morrison Cohen.
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Opinion
New DOJ Leaders Should Curb Ill-Conceived Prosecutions
First-of-their-kind cases have seemingly led to a string of overly aggressive prosecutions in recent years, so newly sworn-in leaders of the U.S. Department of Justice should consider creating reporting channels to stop unwise prosecutions before they snowball, says Jonathan Porter at Husch Blackwell.
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Tips For Pharma-Biotech Overlap Reporting In New HSR Form
While there’s no secret recipe for reporting overlaps to the Federal Trade Commission in the new Hart-Scott-Rodino Act form, there are several layers of considerations for all pharma-biotech companies and counsel to reflect on internally before reporting on any deal, say attorneys at A&O Shearman.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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What Justices' FLSA Ruling Means For 2-Step Collective Cert.
The U.S. Supreme Court's recent decision in EMD Sales v. Carrera may have sounded the death knell for the decades-old two-step process to certify collective actions under the Fair Labor Standards Act, which could lead more circuits to require a preponderance of the evidence showing that members are similarly situated, says Steven Katz at Constangy.
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What Day 1 Bondi Memos Mean For Corporate Compliance
After Attorney General Pam Bondi’s flurry of memos last week declaring new enforcement priorities on issues ranging from foreign bribery to diversity initiatives, companies must base their compliance programs on an understanding of their own core values and principles, says Hui Chen at CDE Advisors.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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What Employers Should Know For Next Round Of H-1B Filings
With the fiscal year 2026 H-1B visa period opening soon, employers should brush up on the registration and filing procedures, as well as organize applicable data, to ensure they are ready for this dynamic, multistep process, say attorneys at Morgan Lewis.
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Ga. Tech Case Shows DOJ Focus On Higher Ed Cybersecurity
The Justice Department’s ongoing case against the Georgia Institute of Technology demonstrates how many colleges and universities may be unwittingly exposed to myriad cybersecurity requirements that, if not followed, could lead to False Claims Act liability, say attorneys at Woods Rogers.
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5 Things For Private Employers To Do After Trump's DEI Order
Following President Donald Trump's recent executive order pushing the private sector to narrow, and even end, diversity, equity and inclusion initiatives, employers should ensure DEI efforts align with their organization's mission and goals, are legally compliant, and are effectively communicated to stakeholders, say attorneys at Mintz.
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Will 4th Time Be A Charm For NY's 21st Century Antitrust Act?
New York's recently introduced 21st Century Antitrust Act would change the landscape of antitrust enforcement in the state and probably result in a sharp increase in claims — but first, the bill needs to gain traction after three aborted attempts, says Tyler Ross at Shinder Cantor.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.