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Employment
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April 16, 2025
Penn State Shuts Down White Ex-Professor's Bias Suit
A federal judge tossed a suit Wednesday from a white former writing professor who alleged that Pennsylvania State University reprimanded and poorly evaluated him for raising concerns that he faced racial bias on campus, finding he didn't suffer significant enough consequences to sustain retaliation claims.
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April 16, 2025
Firms Mum As EEOC Deadline For Diversity Data Passes
Tuesday marked the deadline for large law firms to answer the U.S. Equal Employment Opportunity Commission's acting chair's request for detailed information about their diversity, equity and inclusion programs, and neither the firms nor the EEOC would confirm if or how the legal heavyweights had responded.
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April 16, 2025
Pa. Judge Cuts Atty Fees to $950K In ERISA Deal Final OK
A federal judge in Pennsylvania has ruled that counsel representing two union elevator industry workers should be awarded $950,000 in legal fees, down from the attorneys' initial request of $1.7 million for settling a nearly 30,000-member class action over the management of a union 401(k) plan.
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April 16, 2025
Former McCarter & English Atty Fights Bid To Toss Firing Suit
A former McCarter & English LLP attorney and Navy SEAL has accused the firm in New Jersey state court of trying to "smear" him by claiming he was fired for his offensive social media posts rather than his advocacy for veterans.
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April 16, 2025
Trump Admin Sues Maine Over Transgender Athlete Policy
The U.S. Department of Justice on Wednesday sued Maine's education department over its transgender athlete policies, accusing it of violating the "core protections" of Title IX by allowing biological males to participate in women's sports.
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April 16, 2025
Duane Morris Employment Pro Joins Frost Brown In San Fran
Frost Brown Todd LLP announced that an experienced litigator who's spent over a decade working on labor and employment matters has joined the firm's San Francisco office as a partner from Duane Morris LLP.
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April 16, 2025
DOJ Resists Perkins Coie Summary Judgment Bid In EO Case
The U.S. Department of Justice is continuing to defend President Donald Trump's March 6 order suspending security clearances held by Perkins Coie LLP attorneys, arguing on Wednesday that the BigLaw firm cannot take an early win, in part due to the firm's alleged "discriminatory employment activities" through participation in Mansfield Certification.
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April 16, 2025
7th Circ. Judge Doubts CTA Worker's Signal Chat Claims
A Seventh Circuit judge on Wednesday expressed skepticism that a lower court erred in tossing a former Chicago Transit Authority employee's retaliation suit as a sanction for spoiling evidence, saying he changed his story about how electronic phone messages were deleted after a Signal executive said the initial explanation was technologically impossible.
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April 16, 2025
Jack Nicklaus Granted $1M In Damages After NIL Win
Jack Nicklaus was granted $1 million Wednesday by a New York state court judge for damages incurred as a result of a preliminary injunction that prevented the golf legend from signing new commercial deals during now-dismissed litigation over the use of his name, image and likeness.
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April 16, 2025
Workers Ask Michigan Judge To OK Boot-Up Suit Deal
A home healthcare company has agreed to pay about $86,000 to settle a lawsuit accusing it of not paying employees for the time they spent booting up their computers, a former insurance specialist said, asking a Michigan federal court to greenlight the deal.
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April 16, 2025
Papa Gino's Sued For Allegedly Underpaying Delivery Drivers
New England pizza chain Papa Gino's pays delivery drivers a lower tipped minimum wage while hindering their ability to earn gratuities, according to a proposed class action filed in Massachusetts state court.
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April 16, 2025
Law Firm Must Face Trial For Ex-CPO's Retaliation Claims
A personal injury law firm can't dodge a suit from its former chief people officer accusing the firm of firing her after she raised concerns about pay bias, a Tennessee federal judge ruled, because the firm didn't back up its claim that she was fired for insubordination.
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April 15, 2025
Whistleblower Says DOGE's NLRB Probe Exposed Data
An employee with the National Labor Relations Board sent a whistleblower disclosure to members of Congress on Monday alleging that Elon Musk's Department of Government Efficiency harvested Americans' sensitive information and likely exposed the data to foreign adversaries.
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April 15, 2025
Google Failed To Pay $2M In Commissions, Ex-Sales Rep Says
A former Google Cloud unit salesperson alleged the company blocked him from receiving $2 million in commissions after he landed a $35 million contract with Otis Elevator and fired him while he underwent cancer treatment to avoid paying out nearly $3 million in life insurance benefits.
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April 15, 2025
Colo. Gov. Ignored Ex-Official's Race Bias Concerns, Suit Says
A former commissioner of Colorado's Behavioral Health Administration filed a race discrimination lawsuit on Tuesday accusing Gov. Jared Polis and his former chief of staff of ignoring reports that she was treated worse than peers because she is African American and then firing her for complaining.
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April 15, 2025
Judge Ends 'China Initiative' Prosecution Of Ex-Ga. Tech Prof
A federal judge has dismissed the last remaining criminal charges against a former Georgia Tech professor who was indicted more than four years ago over allegations he was helping Chinese tech workers come to the U.S. under the guise of being university-affiliated researchers.
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April 15, 2025
7th Circ. Judge Skeptical Amazon Violated Labor Law
A Seventh Circuit judge on Tuesday pushed a National Labor Relations Board attorney to address why it was a violation of federal labor law for Amazon to tell employees that it can make exceptions to a policy limiting their off-duty access to a Kentucky facility at any time, "when the legal right exists whether the workers are told or not."
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April 15, 2025
Fired NLRB, MSPB Members Tell Justices Not To Rush Ruling
A pair of fired independent regulators implored the U.S. Supreme Court on Tuesday to reject President Donald Trump's bid to keep them unemployed while they challenge his authority to fire them without cause, arguing his new attack on a century-old precedent doesn't qualify as an emergency that the high court must address.
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April 15, 2025
Fla. Rail Operator Can't Dodge Bargaining Suit, Union Argues
A Florida high-speed rail operator is "going through the motions" at the bargaining table while waiting for a court to oust its workers' newly installed union, the union argued Tuesday, saying the employer should have to face a federal lawsuit claiming it is bargaining in bad faith.
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April 15, 2025
PepsiCo Sued Over Workers' Unpaid COVID Screenings
A former machine operator is suing PepsiCo Inc. in Illinois federal court for wage theft, claiming he and others were never paid for the time they spent going through the company's mandatory COVID-19 safety processing that was conducted before each shift.
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April 15, 2025
Cops At Insurrection Ask Justices To Let Them Stay Incognito
Four current and former Seattle police officers who attended the 2021 Jan. 6 "Stop the Steal" insurrection in D.C. have made an emergency appeal to the U.S. Supreme Court to stay a ruling by Washington state's high court that barred the officers from litigating their state court privacy claims using John Doe pseudonyms.
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April 15, 2025
9th Circ. Backs Gold Mine's Win In Mechanic's Disability Suit
The Ninth Circuit upheld on Tuesday a mining company's win in an ex-employee's suit alleging it fired him upon his return from disability leave, agreeing with a lower court that the mechanic was set to return with restrictions that left him unable to do required repair work.
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April 15, 2025
Food Service Co. Can't Escape Tobacco Surcharge Suit
A food service company can't dodge a proposed class action alleging it unlawfully charges tobacco users an additional fee to obtain health insurance, an Illinois federal judge ruled Tuesday, rejecting the company's assertion that federal benefits law doesn't require retroactive reimbursement for completing a cessation program.
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April 15, 2025
Journalists, Unions Fight VOA Shutdown In DC Federal Court
A coalition of journalists, unions and a reporter advocacy group asked a D.C. federal judge not to disturb a temporary restraining order blocking the Trump administration from dismantling the agency that oversees Voice of America, arguing the district court has jurisdiction to weigh in on the case.
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April 15, 2025
Financial Adviser Fights Ex-Employer's Bid To Pierce Privilege
A financial adviser accused of stealing clients by his ex-employer Wealth Enhancement Group LLC has urged a Connecticut state judge to reject the company's bid to get his communications with legal counsel at Spencer Fane LLP, saying it relies on an "expansive and unfounded reading" of the crime-fraud exception to attorney-client privilege.
Expert Analysis
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What The Minimum Wage Shift Means For Gov't Contractors
While President Donald Trump's recent executive order rescinding a 2021 increase to the federal contractor minimum wage is welcome relief to some federal contractors and settles continued disagreement about its legality, there remains significant uncertainty and pitfalls over contractor wage obligations, say attorneys at Polsinelli.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Defense Strategies After Justices' Personal Injury RICO Ruling
In Medical Marijuana v. Horn, the U.S. Supreme Court recently held that the Racketeer Influenced and Corrupt Organizations Act can be invoked by some plaintiffs with claims arising from personal injuries — but defense counsel can use the limitations on civil RICO claims to seek early dismissal in such cases, say attorneys at Debevoise.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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6 Ways The Dole Act Alters USERRA Employment Protections
The recently passed Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act continues a long-standing trend of periodically increasing the scope of the Uniformed Services Employment and Reemployment Rights Act, expanding civilian employment rights for service members and veterans with some of the most significant changes yet, say attorneys at Littler.
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Strategies To Help Witnesses Manage Deposition Anxiety
During and leading up to deposition, witnesses may experience anxiety stemming from numerous sources and manifesting in a variety of ways, but attorneys can help them mitigate their stress using a few key methods, say consultants at Courtroom Sciences.
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7 Things Employers Should Expect From Trump's OSHA Pick
If President Donald Trump's nominee to lead the Occupational Safety and Health Administration is confirmed, workplace safety veteran David Keeling may focus on compliance and assistance, rather than enforcement, when it comes to improving worker safety, say attorneys at Fisher Phillips.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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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.