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Employment
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March 11, 2025
Google Trade Secrets Case Against Ex-Engineer Resolved
A Texas federal judge closed Google LLC's trade secrets lawsuit against a former employee on Monday after the parties agreed last December to an injunction forbidding him from possessing or sharing any of the company's confidential information.
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March 11, 2025
Ex-EEOC Chair Dhillon Nominated To Lead Pension Corp.
President Donald Trump on Tuesday tapped Janet Dhillon, a former U.S. Equal Employment Opportunity Commission chair and commissioner, to lead the Pension Benefit Guaranty Corp.
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March 11, 2025
2nd Circ. Affirms Union Fund's Win In COVID-19 Test Fight
The Second Circuit upheld a win for a union benefit fund Tuesday in a medical practice's suit alleging it was owed reimbursements for COVID-19 testing from a union employee health benefit plan, finding a lower court properly tossed the complaint for failure to exhaust administrative remedies.
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March 11, 2025
Appeals Court Nixes Ex-UCLA Worker's Promotion Bias Suit
A Persian worker who served as interim director of UCLA's continuing education center's marketing department failed to show the school violated the law when it hired someone else as the department's permanent leader, a California appeals court held.
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March 11, 2025
5th Circ. Upholds Exxon's Win In Pension Payout Dispute
A former Exxon employee's claim that the company failed to pay his entire pension fund is preempted by the Employee Retirement Income Security Act, the Fifth Circuit ruled, keeping in place the company's win in Louisiana federal court.
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March 11, 2025
Seyfarth Employment Litigator Joins McGuireWoods In LA
McGuireWoods LLP is strengthening its California labor and employment team, announcing Tuesday it is bringing in a Seyfarth Shaw LLP employment litigator as partner in its downtown Los Angeles office.
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March 11, 2025
California Entities Escape State Judge's Underpayment Suit
A California state judge threw out some claims in a proposed class action from a judge who alleges she was underpaid the last several years, saying the state's retirement agency and its controller showed they didn't have much authority over judges' pay.
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March 11, 2025
Trump's Special Counsel Firing Seems OK, DC Circ. Says
The president appears to have the power to remove the feds' internal unfair firing watchdog because he's the sole head of an agency with executive power, a D.C. Circuit panel said, explaining its decision last week to stay a trial court's reinstatement order.
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March 11, 2025
Software Co. Says Ex-Employees Stole AI Trade Secrets
A software company that uses artificial intelligence to automate appeals when insurers deny a healthcare provider's payment request has sued two former staffers, alleging they used confidential information gathered through their employment to launch a competing company.
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March 11, 2025
Ex-J&J Atty Says She Was Fired For Making Ethics Complaint
A former in-house data privacy attorney for Johnson & Johnson has sued the company for discrimination in New Jersey federal court, alleging that she was passed over for a promotion based on her Latina ethnicity and fired for reporting unethical behavior by the attorney who got the job.
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March 11, 2025
Goldstein Wants Look At Testimony On Alleged Obstruction
U.S. Supreme Court lawyer and SCOTUSblog publisher Tom Goldstein asked a Maryland federal judge to let him see grand jury material related to the government's claim that he offered to pay a potential witness cryptocurrency in his tax evasion case.
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March 11, 2025
Dykema Doubles Houston Roster With 7 New Atty Hires
Dykema Gossett PLLC has expanded in Houston with the addition of seven attorneys, five of whom joined from Kane Russell Coleman Logan PC and two who came aboard from Hirsch & Westheimer PC.
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March 11, 2025
Mining Equipment Co., Worker Strike Deal To End Bias Suit
A mining equipment company agreed to settle a Hispanic employee's suit claiming it unlawfully revoked his mentorship responsibilities and meddled with his accommodations after an on-the-job finger injury, according to a filing in Texas federal court.
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March 11, 2025
Bipartisan Bill Penalizing Child Labor Violations Reintroduced
A bill that would heavily penalize companies that have been found in violation of child labor laws and would bar them from securing government contracts has been reintroduced by two senators.
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March 11, 2025
6th Circ. Backs Motorola In Fired Tech's Disability Bias Suit
A split Sixth Circuit panel upheld the dismissal of a Motorola worker's suit claiming he was fired after he requested a schedule change due to his nocturnal epilepsy, ruling his case fell flat because he never filed a formal accommodation request with the company.
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March 11, 2025
Staffing Co. Recruiters Certified As Class, Collective In OT Suit
A group of recruiters showed that the staffing agency they accused of misclassifying them as overtime-exempt under federal law applied the same policies to its workforce, a Pennsylvania federal judge ruled, greenlighting a collective and several classes.
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March 11, 2025
Trump Admin Must Restore $250M In Teacher Grants For Now
A federal judge in Massachusetts late Monday ordered the Trump administration to temporarily restore $250 million in funding for teacher training grants that it had slashed over their ties to diversity, equity and inclusion initiatives.
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March 10, 2025
Whole Foods Workers Can't Have Class Cert. In Bonus Suit
A Washington, D.C., federal judge Monday refused to certify a class of past and present Whole Foods employees who accuse the grocery chain of gaming its employee bonus program, saying there are too many individualized questions to resolve the plaintiffs' claims on a classwide basis.
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March 10, 2025
Dynata Would 'Hopefully' Have Paid Bill, Staffing Co. Says
The CEO of a staffing company told an attorney for Dynata LLC that it has nobody to blame but itself for a class action accusing Dynata of misclassifying workers' employment status, adding during a trial in Texas state court that the company can't claim breach of contract to justify withholding $8 million to the staffing company.
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March 10, 2025
Kyocera AVX Defeats Suit Over 2023 Data Breach
A South Carolina federal judge has freed Kyocera AVX from a proposed class action that accused the electronic components manufacturer of failing to protect more than 39,000 employees' sensitive personal information in a 2023 cyber attack, saying former employees failed to allege a substantial risk of fraud or identity theft.
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March 10, 2025
J. Crew Wins Confirmation Of Ex-GC's Arbitration Loss
A New York federal judge confirmed an arbitrator's ruling Monday that found J. Crew hadn't fired its former legal chief, Maria DiLorenzo, in retaliation for her complaints about colleagues' discriminatory comments about her hearing loss.
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March 10, 2025
NPR Botched Chinese Worker's Visa App, Bias Suit Says
A former National Public Radio brand director on Friday hauled the American public broadcaster into D.C. federal court, claiming NPR botched her application for a work visa and then refused to rehire her when she later secured the visa.
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March 10, 2025
Alsup Refuses To Vacate Hearing Into OPM Mass Firings
U.S. District Judge William Alsup on Monday denied the Trump administration's request to vacate an upcoming evidentiary hearing into the U.S. Office of Personnel Management's mass firings of probationary federal employees, and required OPM director Charles Ezell to appear in person or else be deposed.
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March 10, 2025
Tribal Nations, Students Sue Feds Over School Staffing Cuts
Three tribal nations and five Native American students are asking a D.C. federal court to block a Trump administration executive order calling for large-scale federal workforce reductions, saying the directive devastated operations and undermined Bureau of Indian Education schools across the nation.
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March 10, 2025
All Agencies Trump Ordered To Drop DEI Must Heed Injunction
A preliminary injunction blocking President Donald Trump's executive orders axing diversity, equity and inclusion-related work applies equally to all executive agencies given directives to purge the programming, a Maryland federal judge said Monday.
Expert Analysis
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Tips For Pharma-Biotech Overlap Reporting In New HSR Form
While there’s no secret recipe for reporting overlaps to the Federal Trade Commission in the new Hart-Scott-Rodino Act form, there are several layers of considerations for all pharma-biotech companies and counsel to reflect on internally before reporting on any deal, say attorneys at A&O Shearman.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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What Justices' FLSA Ruling Means For 2-Step Collective Cert.
The U.S. Supreme Court's recent decision in EMD Sales v. Carrera may have sounded the death knell for the decades-old two-step process to certify collective actions under the Fair Labor Standards Act, which could lead more circuits to require a preponderance of the evidence showing that members are similarly situated, says Steven Katz at Constangy.
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What Day 1 Bondi Memos Mean For Corporate Compliance
After Attorney General Pam Bondi’s flurry of memos last week declaring new enforcement priorities on issues ranging from foreign bribery to diversity initiatives, companies must base their compliance programs on an understanding of their own core values and principles, says Hui Chen at CDE Advisors.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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What Employers Should Know For Next Round Of H-1B Filings
With the fiscal year 2026 H-1B visa period opening soon, employers should brush up on the registration and filing procedures, as well as organize applicable data, to ensure they are ready for this dynamic, multistep process, say attorneys at Morgan Lewis.
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Ga. Tech Case Shows DOJ Focus On Higher Ed Cybersecurity
The Justice Department’s ongoing case against the Georgia Institute of Technology demonstrates how many colleges and universities may be unwittingly exposed to myriad cybersecurity requirements that, if not followed, could lead to False Claims Act liability, say attorneys at Woods Rogers.
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5 Things For Private Employers To Do After Trump's DEI Order
Following President Donald Trump's recent executive order pushing the private sector to narrow, and even end, diversity, equity and inclusion initiatives, employers should ensure DEI efforts align with their organization's mission and goals, are legally compliant, and are effectively communicated to stakeholders, say attorneys at Mintz.
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Will 4th Time Be A Charm For NY's 21st Century Antitrust Act?
New York's recently introduced 21st Century Antitrust Act would change the landscape of antitrust enforcement in the state and probably result in a sharp increase in claims — but first, the bill needs to gain traction after three aborted attempts, says Tyler Ross at Shinder Cantor.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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Zuckerberg's Remarks Pose Legal Risk For Meta Amid Layoffs
Within days of announcing that Meta Platforms will cut 5% of its lowest-performing employees, Mark Zuckerberg remarked that corporations are becoming "culturally neutered" and need to bring back "masculine energy," exposing the company to potential claims under California employment law, says Andi Mazingo at Lumen Law Center.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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The Future Of ALJs At NLRB And DOL Post-Jarkesy
In the wake of the U.S. Supreme Court’s 2024 Jarkesy ruling, several ongoing challenges to the constitutionality of the U.S. Department of Labor's and the National Labor Relations Board's administrative law judges have the potential to significantly shape the future of administrative tribunals, say attorneys at Wiley Rein.
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Preparing For A Possible End To The Subminimum Wage
The U.S. Department of Labor's proposed rule to end the subminimum wage for employees with disabilities may significantly affect the community-based rehabilitation and training programs that employ these workers, so certified programs should be especially vigilant about compliance during this period of evaluation and scrutiny, say attorneys at Jackson Lewis.