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Employment
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November 15, 2024
Tech Co. Salesman Settles Ex-Employer's AI Misuse Claims
A Connecticut salesman accused of using an artificial intelligence application to record company conference calls and his former employer have settled the company's trade secrets lawsuit, according to a joint request filed Friday seeking a permanent injunction.
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November 15, 2024
FanDuel Dropped From Suit Over MLB Players' NIL Use
The Major League Baseball Players Association said Friday it's dropping FanDuel from a case over the alleged use of players' photos to promote sports gambling.
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November 15, 2024
New Trade Secrets Case Brought In Trucker Tracking Row
A fight between two neighboring San Francisco startups that sell artificial intelligence-powered software used to monitor truck drivers has resulted in yet another lawsuit: a new state court case that accuses a CEO of personally "texting and meeting in person" with competing sales reps in order to obtain trade secrets.
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November 15, 2024
Rawlings Can't Block Softball Coach From New Job, Suit Says
A hall-of-fame softball coach and former employee of Rawlings Sporting Goods said in a Washington state lawsuit that the company is illegally trying to block him from working for a rival by threatening to sue him under New Hampshire state law.
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November 15, 2024
GOP Sens. Decry 'Lack Of Urgency' On FDIC Misconduct
Six Republican senators wrote a letter to the Federal Deposit Insurance Corp. Inspector General Jennifer L. Fain asking for a briefing on the FDIC's progress investigating claims of widespread misconduct at the agency, asserting there has been "a shocking lack of urgency."
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November 15, 2024
Pa. Top Court Snapshot: Silent Partners, Skill Games In Nov.
The Pennsylvania Supreme Court's November argument schedule will task the justices with determining whether a property owner's absentee partner is an "indispensable party," whether CBD oil is reimbursable under workers' comp, and whether operating legally gray "skill games" should disqualify someone from getting a gaming license.
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November 15, 2024
DOL Floats New Restrictions On H-2B Employer Wage Surveys
The U.S. Department of Labor on Friday proposed a rule to further limit employers' use of privately commissioned wage surveys when seeking to hire temporary foreign workers through the H-2B visa program.
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November 15, 2024
Veterans Seek Class Certification In Burn Pit Injuries Suit
A pair of veterans alleging the military misclassified their burn pit injuries as not combat-related have told a D.C. federal judge that they satisfied the criteria for size and common relief sought to proceed as a certified class.
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November 15, 2024
UPS Hit With Worker Suit Over Lack Of Bathrooms
UPS was sued in a California state court for failing to provide drivers with adequate bathrooms, allegedly forcing workers to relieve themselves in water bottles with nowhere to wash their hands or throw out urine-filled containers after their shifts.
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November 15, 2024
Texas Judge Strikes Down DOL Overtime Rule
The U.S. Department of Labor lacked the authority to raise the salary threshold for a Fair Labor Standards Act overtime exemption, a Texas federal judge ruled Friday, striking down a hotly contested rule that has been in effect since July.
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November 15, 2024
Ex-McElroy Deutsch Exec Says Firm Has No Claim On House
The former McElroy Deutsch Mulvaney & Carpenter LLP business development director whose husband pled guilty to stealing millions from the firm has argued that the time has come for the court to toss an attempt by the firm to put her house in a constructive trust.
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November 15, 2024
Off The Bench: NCAA Eligibility Fight, Movie Script Dispute
In this week's Off The Bench, a college football star takes the NCAA to court seeking one more year to play, the plot of a recent Netflix release might have been lifted from another creator and a transgender college athlete's right to compete is challenged by other players.
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November 15, 2024
MVP: McNicholas & McNicholas' Matthew McNicholas
This past year, Matthew McNicholas of McNicholas & McNicholas LLP secured a trio of multimillion-dollar verdicts on behalf of police officers who alleged they were mistreated by their departments, earning him a spot as one of the 2024 Law360 Employment MVPs.
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November 15, 2024
Former ADA Notches Bias Win Against Georgia Prosecutor
A federal judge cast aside the "incredulous" defenses of a Georgia district attorney accused of denying a female attorney a promotion, finding her liable for sex discrimination after previously hitting the DA with a default order for her attempts to dodge being deposed.
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November 15, 2024
UAW Local Defeats Black Worker's Race Bias Suit At 7th Circ.
The Seventh Circuit refused to reinstate a suit from a Black former General Motors worker who said a United Auto Workers local ignored a grievance he filed alleging that race bias cost him his job, saying he failed to explain why it took him years to challenge the union's decision.
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November 15, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Ocado file an intellectual property claim against an African fruit and vegetable importer, a claim filed against a Swiss bank founded by Indian billionaire Srichand Parmanand Hinduja and 300 individuals sue travel company TUI. Here, Law360 looks at these and other new claims in the U.K.
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November 14, 2024
Ex-DC Homeland Security Official Cops To $844K PPP Scam
A former D.C. Homeland Security commissioner on Thursday pled guilty to a scheme in which prosecutors say she fraudulently secured about $844,000 in Paycheck Protection Program funds, according to a plea agreement filed in District of Columbia federal court.
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November 14, 2024
Pinterest Investor Attys Get $2.5M More After Deal Monitoring
A California federal judge on Thursday awarded an additional $2.5 million in fees to attorneys who've been monitoring Pinterest's compliance with a deal that ended investors' claims the company fostered a culture of race and sex discrimination, ruling that he's "satisfied" with both parties' efforts in the wake of the settlement.
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November 14, 2024
Ex-JP Morgan Rep To Stop Soliciting Clients Amid Arbitration
A former J.P. Morgan Securities LLC employee who left to work for Morgan Stanley has agreed not to solicit customers from her former employer while the parties arbitrate the broker-dealer's claims she lured clients with more than $12 million in assets away to its rival.
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November 14, 2024
United Urges 7th Circ. To Back Vax Mandate Suit Dismissal
The Seventh Circuit shouldn't disturb a district court's decision to toss a lawsuit from former employees challenging United Airlines' COVID-19 vaccination mandate because they've either forfeited or improperly supported all their arguments on the issue, the airline argued Thursday.
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November 14, 2024
Ex-Phoenix Suns DEI Head Sues Team For Bias, Retaliation
The Phoenix Suns' former head of diversity, equity and inclusion sued the NBA franchise on Thursday, accusing it of continuing the racial discrimination, harassment and toxic workplace behavior that led to former owner Robert Sarver being pushed out two years ago.
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November 14, 2024
Wash. Justices Seem Split On Cannabis Co. Wage Suit
The Washington State Supreme Court wrestled Thursday with whether the state labor department jumped the gun on filing an unpaid-wages suit against a marijuana company, with one justice questioning if the department exceeded its powers and another expressing concern that lax enforcement would allow companies to skip payments for years.
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November 14, 2024
All Merger Fixes 'Should Be On Table,' FTC's Holyoak Says
One of the Federal Trade Commission's Republican members on Thursday signaled a significant softening of the Biden era's tough stance against merger remedies meant to fix otherwise problematic mergers is likely once the GOP takes the majority at the agency.
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November 14, 2024
FTC's Holyoak Says New Comment Portal Shows Merger Bias
Federal Trade Commissioner Melissa Holyoak said Thursday the design of a new portal allowing the public to comment on pending deals shows signs of the current leadership's view that all mergers are bad.
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November 14, 2024
Split 5th Circ. Affirms SEC's Kroger Proxy Decision
A divided Fifth Circuit on Thursday rejected a "purely theoretical" challenge brought by conservative shareholders unhappy that the U.S. Securities and Exchange Commission greenlighted the exclusion of a shareholder proposal from Kroger Co.'s 2023 ballot, noting that the case was moot since the company authorized a vote on the proposal anyway.
Expert Analysis
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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.
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6 Tips For Trying Cases Away From Home
Excerpt from Practical Guidance
A truly national litigation practice, by definition, often requires trying cases in jurisdictions across the country, which presents unique challenges that require methodical preparation and coordination both within the trial team and externally, say Edward Bennett and Suzanne Salgado at Williams & Connolly.
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How NLRB Memo Balances Schools' Labor, Privacy Concerns
Natale DiNatale at Robinson & Cole highlights the recent National Labor Relations Board advice memorandum that aims to help colleges reconcile competing obligations under the National Labor Relations Act and the Family Educational Rights and Privacy Act as university students flock toward unionization.
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Employer Tips For PUMP Act Compliance As Law Turns 2
Enacted in December 2022, the Providing Urgent Maternal Protections for Nursing Mothers Act requires employers to provide reasonable break time and a private space for employees to express breast milk, but some companies may still be struggling with how to comply, say attorneys at Alston & Bird.
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A Blueprint For Structuring An Effective Plaintiff Case Story
The number and size of nuclear verdicts continue to rise, in part because plaintiffs attorneys have become more adept at crafting compelling trial stories — and an analysis of these success stories reveals a 10-part framework for structuring an effective case narrative, says Jonathan Ross at Decision Analysis.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.