Employment

  • January 02, 2025

    9th Circ. Won't Revive Nonprofit's Union Dues Deduction Fight

    The Ninth Circuit refused to reinstate a conservative nonprofit's suit accusing Teamsters unions representing Washington state employees of committing constitutional violations by allegedly ignoring the nonprofit's mail containing dues revocation cards, concluding that refusal to accept such mail isn't a state action, and the unions aren't state actors.

  • January 02, 2025

    9th Circ. Says Religious Carveout Sinks Kosher Worker's Suit

    A religious exception shielding religious entities from certain claims applies to jobs at an Orthodox Jewish organization ensuring that food is kept kosher, the Ninth Circuit ruled, upholding the dismissal of a worker's lawsuit claiming he missed out on thousands of dollars in overtime pay.

  • January 02, 2025

    Mich. Justices OK Atty Fees As Legal Malpractice Damages

    The Michigan Supreme Court has held that clients can recover legal fees incurred as a result of an attorney's malpractice, finding that such fees are not barred by the American rule, under which parties to litigation must generally bear their own legal costs.

  • January 02, 2025

    Ex-Defender Asks 4th Circ. To Force Back Harvard Profs, Attys

    A former assistant public defender in North Carolina who lost her case accusing the judiciary of violating her equal protection and due process rights has doubled down on an attempt to reinstate her legal team of Harvard Law School professors and litigators who abruptly abandoned the case just before trial.

  • January 02, 2025

    Dartmouth Men's Basketball Players End Unionization Push

    The men's basketball players behind a union push at Dartmouth College have ended that effort amid uncertainty over whether a Republican-led labor board would uphold the landmark decision that let them vote to unionize.

  • January 02, 2025

    Ex-Trader Joe's Exec Can't Revive Sex Bias Suit At 2nd Circ.

    The Second Circuit backed the dismissal Thursday of a Trader Joe's executive's suit claiming she was fired out of sex bias, stating she failed to put forward proof that her termination resulted from discrimination rather than her decision to take a vacation during the onset of the COVID-19 pandemic.

  • January 02, 2025

    Mass. Atty Accused Of Botching Bias Case, Misleading Client

    A Massachusetts woman says a prominent Boston attorney mishandled her age and gender bias complaint, then misled her about the viability of the case for several years while convincing her to let him rent a home she owned at a discount in lieu of additional litigation costs.

  • January 01, 2025

    The Top Sports & Betting Cases To Keep An Eye On In 2025

    The name, image and likeness class action the NCAA settled in 2024 for $2.78 billion was a long time coming and packs a punch that will be felt for years to come. It overshadowed other ongoing, status quo-rocking litigation involving the NFL, NBA, MLB and more. Here, Law360 looks at the top sports and betting cases the legal world will be watching in 2025.

  • January 01, 2025

    The Hottest Topics Appellate Attys Are Tracking In 2025

    Appellate lawyers in 2025 should probably stock up on coffee and expect some all-nighters — numerous high-profile appeals, a new presidential administration and a new framework for legal challenges to regulations suggest it'll be an uncommonly tumultuous trip around the sun.

  • January 01, 2025

    Top Personal Injury, Med Mal Rulings Of 2024

    A federal appellate panel's ruling in a "blackout challenge" death suit against TikTok's owner and a U.S. Supreme Court decision over whether bump stocks can be considered machine guns under a federal agency's rule were among Law360's top personal injury and medical malpractice rulings in 2024.

  • January 01, 2025

    Federal Rules Impacted Tribes In 2024, With More To Come

    U.S. federal agencies issued a slew of final rules that impacted Indigenous communities in 2024, giving their members greater autonomy over healthcare, environmental and energy regulations and land trust decisions.

  • January 01, 2025

    Washington Cases To Watch In 2025

    Washington's highest court will take a closer look this year at a Monsanto toxic tort verdict worth $185 million, a pay disclosure requirement that's triggered a wave of lawsuits against employers, and a new state gun law, while federal regulators forge ahead in district court with landmark antitrust litigation against Amazon.

  • January 01, 2025

    Trials To Watch In 2025

    The coming year will bring the first bellwether trials in the closely watched federal baby formula mass litigation, the first courtroom battle over a COVID-19 vaccine patent and six major retailers' case against Visa and Mastercard over card swipe fees.

  • January 01, 2025

    5 Policy Changes Benefits Attys Should Watch For In 2025

    With President-elect Donald Trump poised to return to the White House, experts are bracing for potential changes including shifts from the U.S. Department of Labor on who qualifies as a regulated fiduciary under benefits law to whether retirement plans can consider environmental and social factors when picking investments. Here, Law360 looks at five employee benefits policy issues to keep an eye on in the new year.

  • January 01, 2025

    Key W&H Legislative Trends For 2025

    In 2025, states and cities will intensify their efforts to experiment with employment law in the shadow of a Republican-controlled federal government, be it by expanding overtime protections for workers or refining pay transparency obligations, attorneys say. Here, Law360 explores the legislative trends employment law practitioners should look out for in the new year.

  • January 01, 2025

    Illinois Cases To Watch In 2025

    Jurors will decide the fate of one of Illinois' most powerful politicians after a monthslong criminal racketeering trial and appellate courts could settle the debate over the retroactivity of damage limits to the state's much-litigated biometric privacy law, in just a few of the Illinois cases to watch in 2025.

  • January 01, 2025

    California Legislation And Regulations To Watch In 2025

    California legal experts anticipate a busy 2025 in regulatory and legislative affairs, particularly as lawmakers and regulators ready the Golden State for potential attacks from the incoming Trump administration on a number of issues including reproductive care, LGBTQ rights and environmental protections.

  • January 01, 2025

    3 Workplace Discrimination Class Actions To Watch In 2025

    A cutting-edge discrimination lawsuit over Workday's artificial intelligence-powered hiring tools, a group of Tesla workers' legal battle over alleged racist harassment, and a U.S. Equal Employment Opportunity Commission lawsuit over Sheetz's criminal background screens top the list of discrimination class actions attorneys will be tracking in 2025. Here, Law360 looks at where these three cases will go in the coming year.

  • January 01, 2025

    Pa. Legislation To Watch: Noncompetes, Funding Solutions

    A new Pennsylvania law restricting noncompete agreements for certain healthcare workers has left some employment law attorneys with questions, while perennial public transit funding issues signal that revenue-generating regulations could appear on next year's legislative agenda.

  • January 01, 2025

    Gov't Contracts Cases To Watch In 2025

    Federal courts in 2025 are expected to rehear a finding underpinning a high-profile commercial item contracting dispute, to determine the allowability of contentious labor-related clauses in federal contracts, and to decide whether to back the government's aggressive enforcement of cybersecurity regulations.

  • January 01, 2025

    Pa. Cases To Watch In 2025: Climate Change And Skill Games

    President-elect Donald Trump's impending return to the White House casts a new light on certain pending cases in Pennsylvania courts with federal implications, such as a suburban Philadelphia county's climate change claims against oil companies that contend the suits are preempted and the U.S. Department of Justice's entrance into monopoly allegations against University of Pittsburgh Medical Center.

  • January 01, 2025

    Connecticut Cases To Watch In 2025: Ethics, Mergers & Actors

    A suit over McCarter & English LLP's municipal loan advice and a Yale-owned heath network's legal battle over a beleaguered acquisition deal are just two multimillion-dollar cases that will keep Connecticut courts busy next year. 

  • December 23, 2024

    NY Judge Won't Halt State's Congestion Pricing Model

    A New York federal judge Monday upheld the Empire State's congestion pricing tolls, finding that the levies fairly reflect each type of vehicle's contribution to traffic congestion and environmental harm, rejecting injunction bids lobbed in four anti-congestion pricing lawsuits.

  • December 23, 2024

    Blake Lively Accuses 'It Ends With Us' Star Of Sex Harassment

    Blake Lively has filed a legal complaint in California against her "It Ends With Us" co-star and director, Justin Baldoni, accusing him of sexual harassment on set and trying to orchestrate a public relations campaign to "destroy" her reputation.

  • December 23, 2024

    2nd Circ. Won't Ax Retrial, $1 Verdict In Sex Harassment Suit

    The Second Circuit refused to reopen a lawsuit claiming a Manhattan dental practice allowed a supervisor to sexually harass female employees, upholding a lower court's decision to nix a nearly $2.6 million jury win and order a new trial that ended in a $1 verdict.

Expert Analysis

  • What Higher Education Can Expect From A 2nd Trump Admin

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    The election of Donald Trump for a second presidential term has far-reaching ramifications for colleges and universities — come January, institutions can expect a crackdown on DEI, increased scrutiny of campus protests, a rollback of the Biden administration's Title IX rules and more, say attorneys at Jenner & Block.

  • AI Monitoring And FCRA: Employer Compliance Essentials

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    As the Consumer Financial Protection Bureau and the Federal Trade Commission signal determination to treat AI-based workplace surveillance as a potential Fair Credit Reporting Act issue, employers must commit to educating HR and compliance staff on these quickly evolving regulatory expectations, say attorneys at Sheppard Mullin.

  • Series

    Circus Arts Make Me A Better Lawyer

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    Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.

  • Opinion

    Weak Reasoning Underlies Fla. Judge's Bold Qui Tam Ruling

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    U.S. District Judge Kathryn Mizelle's groundbreaking decision in U.S. ex rel. Zafirov v. Florida Medical Associates LLC, holding that qui tam provisions of the False Claims Act are unconstitutional, relies on weak logic to reach a conclusion that differs from every other court that has ruled on the issue, says Ethan Greenberg at Anderson Kill.

  • FTC Focus: Zeroing In On Post-Election Labor Markets

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    The presidential election and the push-and-pull of the administrative state's reach are likely to affect the Federal Trade Commission's focus on labor markets, including the tenor of noncompete rule enforcement, say attorneys at Proskauer.

  • 3 Ways To Train Junior Lawyers In 30 Minutes Or Less

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    Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.

  • Advising Employers As AI Meets DEI And Discrimination

    Excerpt from Practical Guidance
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    Though companies can use artificial intelligence tools to develop more diverse and inclusive workforces, counsel should also prepare employers for how AI can stymie these efforts, provoke discrimination claims and complicate resulting litigation, says Emily Schifter at Troutman Pepper.

  • 8 Tech Tips For Stress-Free Remote Depositions

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    Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.

  • Timing Of An NLRB Power Shift Hinges On Biden Nominees

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    President-elect Donald Trump seems certain to shake up the National Labor Relations Board's prounion Democrat majority, but the incoming president's timing depends on whether the current Senate confirms two pending nominees to board positions, say attorneys at Fox Rothschild.

  • Opinion

    The Right Kind Of Deregulation In Commercial Airline Industry

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    Similar to the economic deregulation that occurred more than four decades ago during the Carter administration, the incoming Trump administration should restore the very limited federal regulatory role in the economics of the airline industry, says former U.S. transportation secretary James Burnley at Venable.

  • 5 Tips For Complying With NLRB Captive Audience Ban

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    The National Labor Relations Board’s recently ruled that so-called captive audience meetings violate federal labor law, representing a radical shift in precedent and creating new standards for employers to follow when holding workplace meetings where union representation will be discussed, say attorneys at Fisher Phillips.

  • 4 Ways Attorneys Can Emotionally Prepare For Trial

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    In the course of litigation, trial lawyers face a number of scenarios that can incite an emotional response, but formulating a mental game plan in advance of trial can help attorneys stay cool, calm and collected in the moment, says Rachel Lary at Lightfoot Franklin.

  • The Bar Needs More Clarity On The Discovery Objection Rule

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    Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.

  • Key Plaintiff Litigation Strategies For Silicosis Lawsuits

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    A California stone worker's recent $52 million jury award highlights the growing silicosis crisis among employees in the stone fabrication industry — and points to the importance of a strategic approach to litigating silicosis cases against employers and manufacturers, says David Matthews at Matthews & Associates.

  • Presidential Campaign Errors Provide Lessons For Trial Attys

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    Vice President Kamala Harris’ presidential campaign employed numerous strategies that evidently didn’t land, and trial attorneys should take note, because voters and jurors are both decision-makers who are listening for how one’s case presentation would affect them personally, says Reuben Guttman at Guttman Buschner.

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