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Employment
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April 10, 2025
Insurer Denies $3M Legal Fees After Worker Death Settlement
An insurer that paid its policy limits on behalf of insured contractors to settle a lawsuit over a jobsite fatality told an Oklahoma federal court it owed no coverage for more than $3 million in legal fees incurred because the insureds hired private counsel without consent.
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April 10, 2025
DC Circ.'s Views Of Hospital's Union Offers Tough To Read
The D.C. Circuit's leanings were tough to glean Thursday as judges raised few questions about a National Labor Relations Board ruling that George Washington University Hospital's aggressive bargaining proposals showed it approached negotiations with a longtime union in bad faith.
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April 10, 2025
Ill. Ambulance Co. Accused Of Denying Overtime Pay
An Illinois ambulance services company runs afoul of state and federal wage and hour laws by paying employees overtime wages only when they work more than 80 hours in a two-week period, thus denying the workers some of their overtime pay, a proposed class and collective action filed in federal court said.
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April 10, 2025
Sagitec Sues Deloitte For Defamation In Trade Secrets Spat
Software company Sagitec Solutions has accused Deloitte Consulting of conducting an "ongoing campaign of disparagement and unfair competition," alleging in a complaint in Delaware federal court that Deloitte has falsely claimed that Sagitec's unemployment and pension administration programs are based on stolen trade secrets.
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April 10, 2025
DraftKings Engineer's Suit Over Parental Leave Narrowed
A Massachusetts federal judge on Thursday hacked a former DraftKings engineer's retaliation lawsuit to nearly nothing, leaving intact a single claim that his firing by the sports betting platform violated the federal Family and Medical Leave Act.
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April 10, 2025
Thompson Hine Appeals Arbitration Denial In Harassment Suit
Thompson Hine LLP notified a New York federal court Wednesday of its plans to appeal last week's ruling that a former income partner who accused the firm of allowing a "toxic boys club" to flourish in its Manhattan office can still pursue her harassment suit outside arbitration.
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April 10, 2025
6th Circ. Backs Ford In Race, Sexual Harassment Suit
The Sixth Circuit declined to scrap a jury win for Ford Motor Co. in a Black ex-employee's suit claiming she was sexually assaulted and racially harassed on the job, ruling the verdict lined up with a lack of evidence that Ford could have stopped the alleged mistreatment sooner.
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April 10, 2025
Colo. Health System Wants Nurses' Wage Suit Trimmed
A group of nurses cannot proceed with their claim under the Colorado Minimum Wage Act that a state health system incorrectly calculated their overtime wages, the employer told a federal court, arguing that the allegation has nothing to do with unpaid minimum wages.
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April 09, 2025
Trump Instructs Agencies To Quietly Repeal Regs If Possible
President Donald Trump on Wednesday directed federal agencies to prioritize repealing regulations that don't comply with a list of recent U.S. Supreme Court decisions regarding, among other things, the environment, administrative courts and affirmative action, instructing them to do so without public notice and comment if possible.
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April 09, 2025
FBI Agent Denounced By OneTaste Execs Likely To Testify
An FBI agent accused of misconduct by two former OneTaste executives will likely be allowed to testify at their upcoming trial on forced labor conspiracy charges, a Brooklyn federal judge said Wednesday.
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April 09, 2025
'Evasive' Unions Told To List Fired Probationary Workers
The California federal judge who ordered the reinstatement of many fired probationary federal workers before the U.S. Supreme Court stayed his ruling on Wednesday ordered the public sector unions representing federal staffers to provide a list of their booted members, calling their claims that the information would be difficult to produce "evasive."
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April 09, 2025
Oracle Inks $15.5M Deal In Sales Representatives' PAGA Suit
Oracle America will pay $15.5 million to over 5,000 current and former sales representatives who filed a Private Attorneys General Act case in California state court alleging Oracle delayed commission payments, bringing the decade-long wage fight closer to its end, according to a settlement agreement announced Wednesday.
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April 09, 2025
9th Circ. Judge Says New AB 5 Args 'More Nails In The Coffin'
A Ninth Circuit judge appeared skeptical Wednesday of a renewed challenge to California's A.B. 5 independent contractor test bought by a trucking association, telling an attorney his client's previous arguments were "better before" and the new ones may just be "more nails in the coffin."
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April 09, 2025
Split 11th Circ. Denies Rehearing In Ga. Tech Title IX Case
A sharply divided Eleventh Circuit refused Tuesday to grant a full-court rehearing of a panel decision ending a sex discrimination suit from Georgia Tech's longtime women's basketball coach, prompting a rebuke from the court's Democratic-appointed judges who said the court has "just failed to learn the lesson" that educators deserve a right of action under Title IX.
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April 09, 2025
Hollywood Filmmaker Owes $1.7B For Sex Assault, Jury Says
A New York state jury held Wednesday that Oscar-nominated screenwriter and director James Toback must pay $1.68 billion to 40 women he sexually assaulted over the course of four decades, according to an announcement from the victims' lawyers.
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April 09, 2025
Justice Explores 'Reasonableness' In Worker Contract Case
Michigan's Supreme Court on Wednesday weighed the possibility of reintroducing a judicial test — abolished 20 years ago — to consider whether employment contracts that shorten the time frame within which a worker can sue are reasonable as an employee urged a finding that such contract terms weaken workers' civil rights protections.
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April 09, 2025
Furniture Co. Will Pay $1.5M Over PPP Loan Fraud Charge
A North Carolina leather furniture supplier has agreed to a nearly $1.5 million deal ending government claims that it used manipulated payroll numbers to meet requirements for loan forgiveness under the COVID-era federal Payment Protection Program.
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April 09, 2025
Revived Burger King No-Poach Case Survives Dismissal
A Florida federal judge Wednesday denied Burger King's bid to toss proposed class action claims over the fast-food chain's past use of no-poach provisions in its franchise agreements, finding the workers' antitrust and fraud claims could proceed.
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April 09, 2025
AIG Unit Seeks $3.7M Clawback In Whistleblower Murder Row
A tree service company, subsidiary and certain former employees can't be covered in two civil suits alleging an employee was murdered for reporting the company's use of undocumented labor, an AIG unit told an Ohio federal court, seeking nearly $3.7 million in coverage reimbursement.
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April 09, 2025
Mass. Justices Asked To Raise Bar For Pension, Benefit Loss
Massachusetts' highest court was asked on Wednesday to adopt a more expansive interpretation of what constitutes cruel or unusual punishment or an excessive fine in the case of a former state trooper whose $1 million public pension and healthcare benefits were forfeited after his conviction in an overtime fraud case.
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April 09, 2025
Apple Agrees To Revise Some Worker Policies In NLRB Deal
Apple will revise some parts of its confidentiality agreement and other worker policies as part of an unfair labor practice settlement at the National Labor Relations Board, according to the deal, which requires the tech giant to put up a post indefinitely on a public-facing website.
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April 09, 2025
Tire Co. In Talks With EEOC To Resolve Harassment Case
The owner of a Massachusetts scrap tire facility and the U.S. Equal Opportunity Employment Commission are in the process of drafting an agreement to resolve allegations that Hispanic workers faced harassment and threats on the job, then were fired in retaliation for striking, according to a Wednesday filing.
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April 09, 2025
LA DA Demoted Prosecutors Over Menendez Work, Suits Say
The Los Angeles County District Attorney's Office has been sued by two former top prosecutors who say they were demoted in retaliation for advocating to have Erik and Lyle Menendez released from prison after serving more than 35 years for murder.
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April 09, 2025
Home Health Co. Fails To Pay Aides' Travel Time, Worker Says
A home healthcare company requires aides to travel to various patients' homes throughout their workdays but fails to compensate them for this time spent traveling, a proposed class and collective action filed Wednesday in Ohio federal court said.
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April 09, 2025
Twitter Seeks To Strike Arbitrations In Severance Fight
Fifteen individual arbitration awards don't add anything to workers' claims seeking additional severance payments from X, the social media platform argued, urging a Delaware federal court to strike them from the docket.
Expert Analysis
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What To Know About Restrictions On Former Federal Workers
Excerpt from Practical Guidance
Amid reductions to the federal workforce, agency counsel should be mindful that workers who are leaving government employment will still be covered by federal ethics restrictions upon their departure, including recusal requirements and temporary and permanent bans, says Rex Iacurci at LexisNexis.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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In-House Expert Testimony Is Tricky, But Worth Considering
Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.
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Issues To Watch At ABA's Antitrust Spring Meeting
Attorneys at Freshfields consider the future of antitrust law and competition enforcement amid agency leadership changes and other emerging developments likely to dominate discussion at the American Bar Association's Antitrust Spring Meeting this week.
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Tracking Changes To AI Evidence Under Federal Rules
As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.
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Navigating The Use Of AI Tools In Workplace Investigations
Excerpt from Practical Guidance
Artificial intelligence tools can be used in workplace investigations to analyze evidence and conduct interviews, among other things, but employers should be aware of the legal and practical risks, including data privacy concerns and the potential for violating antidiscrimination laws, say attorneys at Fisher Phillips.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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NLRB Firing May Need Justices' Input On Removal Power
President Donald Trump's unprecedented removal of National Labor Relations Board member Gwynne Wilcox spurred a lawsuit that is sure to be closely watched, as it may cause the U.S. Supreme Court to reexamine a 1935 precedent that has limited the president's removal powers, say attorneys at Kelley Drye.
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Trade Policy Shifts Raise Hurdles For Gov't And Cos. Alike
The persistent tension between the Trump administration's fast-moving and aggressive trade policies and the compliance-heavy nature of the trade industry creates implementation challenges for both the business community and the government, says Sara Schoenfeld at Kamerman.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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DOJ Immigration Playbook May Take Cues From A 2017 Case
A record criminal resolution with a tree trimming company accused of knowingly employing unauthorized workers in 2017 may provide clues as to how the U.S. Department of Justice’s immigration crackdown will touch American companies, which should prepare now for potential enforcement actions, says Jonathan Porter at Husch Blackwell.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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How Justices Rule On Straight Bias May Shift Worker Suits
Following oral argument at the U.S. Supreme Court in Ames v. Ohio Department of Youth Services, in which a heterosexual woman sued her employer for sexual orientation discrimination, the forthcoming decision may create a perfect storm for employers amid recent attacks on diversity, equity and inclusion, say attorneys at Proskauer.