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Employment
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December 04, 2024
Pitt, UPMC Say Fired Doctor Didn't State How DEI Broke Law
A fired University of Pittsburgh medical school program director's article criticizing diversity, equity and inclusion initiatives isn't protected activity, since he did not specify in suing that Pitt or the University of Pittsburgh Medical Center used DEI initiatives to discriminate, the institutions' lawyers told a federal judge Wednesday.
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December 04, 2024
Retaliation Case Over Mostly Nude Trucker Gets Green Light
A North Carolina federal judge declined to shut down a lawsuit from a trucker who said she was unlawfully fired for complaining about a co-worker walking around in his underwear, saying she was terminated suspiciously soon after she accused him of sexual harassment.
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December 04, 2024
Foley & Lardner Gets Pro-Palestinian Atty's Suit Pared Down
A former Foley & Lardner LLP summer associate who says the firm rescinded an employment offer over her public support for Palestinians saw part of her suit dismissed this week, with an Illinois federal judge finding that the firm never promised to hire her regardless of what kinds of activism she took part in.
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December 04, 2024
No 6th Circ. Rehearing For Ohio City In Cop's Age Bias Suit
The Sixth Circuit has declined a Cincinnati suburb's request for it to reconsider its precedential panel decision reviving a former police officer's discrimination suit claiming he was given low-level tasks and overly scrutinized because he was in his 50s.
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December 04, 2024
NJ Atty Denies Harassment, Accuses Ex-Secretary Of Theft
A New Jersey lawyer who is facing a state court lawsuit brought by a former secretary accusing him of sexual harassment has denied the claims and alleged in a counterclaim that the ex-employee had converted property belonging to him and the law firm.
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December 04, 2024
Timothy Hutton, Production Co. Settle Over Firing From Show
Academy Award-winning actor Timothy Hutton has settled a $3 million dispute over his ouster from the Amazon crime drama reboot "Leverage: Redemption" amid sexual assault allegations, two months before he and the show's production company had been set to square off at trial in California state court.
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December 04, 2024
Justices Seem To Back Ban On Transgender Youth Care
The U.S. Supreme Court's conservative majority on Wednesday seemed poised to greenlight a Tennessee ban on minors receiving gender-affirming care, despite arguments from the court's liberal block that finding the law constitutional would fly in the face of the court's equal-protection precedents.
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December 04, 2024
LexShares Must Face Claims In Ex-CEO's Race Bias Suit
Racial discrimination claims by a Black former CEO of litigation financier LexShares Inc. are not time-barred, a Massachusetts federal judge has ruled, though she dismissed claims against the chairman of the company's board and another board member.
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December 04, 2024
5th Circ. Won't Revive Prison Psychologist's Sex Bias Suit
The Fifth Circuit refused to reinstate a former Federal Bureau of Prisons psychologist's suit claiming she was harassed and discriminated against for complaining about her supervisor's inappropriate relationships with female colleagues, saying she hadn't backed up her bias allegations with evidence that men were treated better.
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December 04, 2024
Apple Forced Exec Out For Flagging Unequal Pay, Court Told
Apple gave the former head of an audio division an "awful" choice — work under a performance improvement plan or quit — after she raised concerns that she received less pay than her male counterparts and participated in an investigation into her supervisor, she told a California state court.
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December 04, 2024
Worker Accuses Delivery Robot Maker Of Wage Violations
A former operations coordinator sued a California robotics company making food delivery in partnership with Uber Eats, claiming in his proposed class action in state court that the company cheated workers out of wages and failed to provide meal and rest breaks.
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December 03, 2024
Ex-Apple Workers Accused Of Swiping Charity Match Funds
A Northern California district attorney's office on Tuesday unveiled charges against six former Apple Inc. workers accused of scheming to convince their employer to match thousands of dollars in nonexistent donations to children's charities, according to an announcement from the office.
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December 03, 2024
5th Circ. Judge Doubts Deepwater Horizon Claims Can Survive
A Fifth Circuit judge on Tuesday questioned whether cleanup workers' claims following the 2010 Deepwater Horizon oil spill can survive in the face of a demanding evidence standard adopted from toxic tort cases.
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December 03, 2024
Judge Won't Strike AECOM's 'New' Claims In Army Billing Suit
A New York federal judge rejected a whistleblower's attempt to strike AECOM's purportedly new arguments in litigation accusing it of falsely billing the U.S. Army on a $1.9 billion support deal, writing "denied" in the margin of the whistleblower's request.
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December 03, 2024
Ex-Dish Marketing Leader Says She Suffered In A 'Boys' Club'
The former head of a Dish Network marketing division has accused the company of fostering a "boys' club" in management, alleging in Colorado federal court that she was fired for failing to report sexual harassment even though male employees were let off the hook for doing the same thing or worse.
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December 03, 2024
MTA, NY Officials Rip Bid To Block Revised Congestion Pricing
New York officials have told a federal judge that residents, truckers and community groups cannot sideline Manhattan's recently resurrected congestion pricing, saying there's zero merit to the plaintiffs' claims that they'd be irreparably harmed by allegedly unconstitutional and discriminatory tolls.
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December 03, 2024
DC Circ. Rejects Dispensary's Challenge To Union Vote
The D.C. Circuit tossed a Phoenix cannabis dispensary's challenge to union certification Tuesday, saying the dispensary forfeited the right to raise the argument in federal court by failing to bring it to the National Labor Relations Board first.
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December 03, 2024
NJ Appeals Court Axes Fire Union's Leave Arbitration Win
A New Jersey appeals court scrapped an arbitration award favoring a firefighters union reached with the city of Newark over concerns that it cut vacation time from its firefighters terminal leave benefit calculations, after finding Tuesday the arbitrator didn't address the core issue of the dispute.
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December 03, 2024
Walgreens Settles Call Center Workers' Unpaid OT Suit
An Illinois federal judge signed off Tuesday on a $460,000 agreement to settle a nationwide collective action of Walgreens call center workers who claimed they were unlawfully required to perform unpaid work before and after their shifts.
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December 03, 2024
Lizzo Designer's Harassment, Unpaid OT Claims Clipped
A California federal court threw out several claims in a lawsuit launched against Lizzo and her touring company by a fashion designer who created custom pieces for the singer on tour, finding the Fair Labor Standards Act doesn't apply to work performed in Europe.
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December 03, 2024
Charlotte Housing Authority Wants Out Of Retaliation Suit
The public housing authority of Charlotte, North Carolina, has struck back against a former coordinator's retaliation and discrimination suit, arguing in North Carolina federal court that the suit should be tossed because there's an "extreme lack of non-conclusory facts" backing its claims.
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December 03, 2024
4 Mass. State Court Rulings You May Have Missed In Nov.
An age discrimination case was undone by the fine print of an employment agreement, while an "utterly inadequate" document search led to a five-figure sanctions order, among other notable recent decisions in Massachusetts state court.
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December 03, 2024
Ill. Panel Relieves Liberty Mutual Units Of BIPA Coverage
An Illinois state appeals court held that two Liberty Mutual units didn't owe coverage to a policyholder for an underlying class action alleging violations of the state's Biometric Information Privacy Act, reversing a lower court's decision surrounding the interpretation of a recording and distribution exclusion.
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December 03, 2024
Harvey Weinstein Gets March Trial Date In LA Civil Rape Suit
A California judge on Tuesday set a March trial date for a civil lawsuit brought by a woman whom Harvey Weinstein was convicted of raping, saying the disgraced movie producer's age and poor medical condition outweigh the plaintiff's desire to pause proceedings until a criminal appeal concludes.
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December 03, 2024
ICE Contractor Workers Are Guards Who Can't Vote On Union
Some employees of a U.S. Immigration and Customs Enforcement contractor who transport migrants on the Texas-Mexico border can't vote on Teamsters representation, a National Labor Relations Board official concluded, saying the workers cannot be in the same union as nonguards under federal labor law.
Expert Analysis
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Licensing And Protections For Voice Actors In The Age Of AI
While two recently enacted California laws and other recent state and federal legislation largely focus on protecting actors and musicians from the unauthorized use of their digital likenesses by generative artificial intelligence systems, the lesser-known community of professional voice actors also stands to benefit, says attorney Scott Mortman.
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How The Tide Of EEOC Litigation Rolled Back In FY 2024
An analysis of the location, timing and underlying claims asserted in U.S. Equal Employment Opportunity Commission-initiated cases during fiscal year 2024 shows that the commission saw a substantial decrease in litigation activity after a surge last year, but employers should not drop their guard, say Christopher DeGroff and Andrew Scroggins at Seyfarth.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Using Primacy And Recency Effects In Opening Statements
By understanding and strategically employing the primacy and recency effects in opening statements, attorneys can significantly enhance their persuasive impact, ensuring that their narrative is both compelling and memorable from the outset, says Bill Kanasky at Courtroom Sciences.
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Secret Service Failures Offer Lessons For Private Sector GCs
The Secret Service’s problematic response to two assassination attempts against former President Donald Trump this summer provides a crash course for general counsel on how not to handle crisis communications, says Keith Nahigian at Nahigian Strategies.
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A Primer On Navigating The Conrad 30 Immigration Program
As the Conrad 30 program opens its annual window to help place immigrant physicians in medically underserved areas, employers and physicians engaged in the process must carefully understand the program's nuanced requirements, say Andrew Desposito and Greg Berk at Sheppard Mullin.
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How Cos. Can Protect Supply Chains During The Port Strike
With dock workers at ports along the East and Gulf Coasts launching a strike that will likely cause severe supply chain disruptions, there are several steps exporters and importers can take to protect their businesses and mitigate increased costs, say attorneys at Thompson Hine.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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4 Ways To Prepare For DOD Cyber Certification Rule
Given the U.S. Department of Justice's increased scrutiny of contractor compliance with cybersecurity requirements, it is critical that contractors take certain steps now in response to the U.S. Department of Defense's proposed Cybersecurity Maturity Model Certification implementation rule, say Townsend Bourne and Lillia Damalouji at Sheppard Mullin.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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Key Takeaways From DOJ's New Corp. Compliance Guidance
The U.S. Department of Justice’s updated guidance to federal prosecutors on evaluating corporate compliance programs addresses how entities manage new technology-related risks and expands on preexisting policies, providing key insights for companies about increasing regulatory expectations, say attorneys at Debevoise.
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The Key Changes In Revised FDIC Hiring Regulations
Attorneys at Ogletree break down the Federal Deposit Insurance Corp.'s new rule, effective Oct. 1, that will ease restrictions on financial institutions hiring employees with criminal histories, amend the FDIC's treatment of minor offenses and clarify its stance on expunged or dismissed criminal records.
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Class Actions At The Circuit Courts: September Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from four recent class certification rulings involving denial of Medicare reimbursements, automobile insurance disputes, veterans' rights and automobile defects.
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How Lucia, Jarkesy Could Affect Grocery Merger Challenge
While the Federal Trade Commission is taking a dual federal court and administrative tribunal approach to block Kroger's merger with Alberstons, Kroger's long-shot unconstitutionality claims could potentially lead to a reevaluation of the FTC's reliance on administrative processes in complex merger cases, say attorneys at Saul Ewing.