Employment

  • February 28, 2025

    'Not So': Trump Says Wilcox Firing Case Won't Ax Humphrey's

    A D.C. federal judge should reject former National Labor Relations Board member Gwynne Wilcox's claim that the Trump administration is trying to ax landmark U.S. Supreme Court precedent, President Donald Trump and board Chairman Marvin Kaplan argued Friday, saying they only want the decision properly applied.

  • February 28, 2025

    Calif. Justices Revive Yacht Club Worker's Injury Suit

    The California Supreme Court has revived a suit brought by a yacht club maintenance worker seeking to hold his employer liable for his workplace injuries under federal maritime law, saying the law preempts California's workers' compensation statute.

  • February 28, 2025

    8th Circ. Backs Auto Co. Exec's Win In $5M Benefits Suit

    The Eighth Circuit declined Friday to overturn a former chief operating officer's win in his lawsuit accusing an automotive company of reneging on the terms of his deferred compensation plan when he left the firm, saying the company can't rely on nonexistent documents to deny his claim to the funds.

  • February 28, 2025

    Trump Admin Cuts Raise Trade Secret Security Concerns

    As the Trump administration reduces the size of the federal government, intellectual property attorneys are expressing concerns about the continued safeguarding of trade secrets that companies are required to disclose to certain agencies.

  • February 28, 2025

    5 Argument Sessions Benefits Attys Should Watch In March

    The Ninth Circuit will mull Express Scripts and OptumRx's bid to force a public nuisance suit brought by the state of California into federal court, and the Second Circuit will hear from pensioners who say that IBM's use of outdated mortality tables shrank their benefits payouts. Here, Law360 looks at these and other appellate arguments happening in March that should be on benefits lawyers' radar.

  • February 28, 2025

    Trafficking Claims Against Marriott Should Go On, Judge Says

    A Colorado federal judge said Thursday that a Mexican national has plausibly alleged Marriott engaged in a bait-and-switch scheme at its St. Regis Hotel in Aspen to procure his labor under false pretenses, recommending that half of his claims proceed in the litigation.

  • February 28, 2025

    Kraft Heinz Beats Ex-R&D Worker's Vaccine Bias Claims

    A former Kraft Heinz research and development manager cannot go to trial over claims the company discriminated against her religious beliefs by rejecting her COVID-19 exemption request, with an Illinois federal judge saying on Friday her concerns were not religious in nature.

  • February 28, 2025

    2nd Circ. Revives Electrical Worker's Union Pension Fight

    An electrical worker can try again to argue that two trustees of his union pension fund violated the Employee Retirement Income Security Act by paying themselves over $1 million in compensation from the fund's assets, with the Second Circuit ruling Friday that the worker has standing to sue.

  • February 28, 2025

    CVS, Catholic Nurse Settle Bias Suit Over Contraceptive Care

    CVS Health Corp. agreed to settle a former nurse's lawsuit alleging the company unlawfully tried to force her to provide contraceptive care to patients in violation of her Catholic beliefs, according to filings in Florida federal court.

  • February 28, 2025

    Presidents v. Courts: Lincoln, Trump & Judicial Power Limits

    Amid fears of President Donald Trump disobeying judges with impunity, debate has focused on famous instances of officials defying the U.S. Supreme Court. But some of the clearest insights into America's handling of White House disregard for courts exist in relatively obscure cases from the Civil War era, when unprecedented presidential actions provoked extraordinary responses from the judiciary — and underscored the limits of its powers.

  • February 28, 2025

    Steakhouse Workers Score Collective Cert. In Tips Row

    Servers and bartenders claiming that a steakhouse known for its 72-ounce steak challenge cheated them out of tips and didn't reimburse them for their uniforms can move forward as a collective, a Texas federal judge ruled, while saying the limitation period clock will start ticking later.

  • February 28, 2025

    Advocates Step Up After EEOC About-Face On Gender Identity

    Two nonprofits taking up gender identity discrimination cases that the U.S. Equal Employment Opportunity Commission is abandoning offers a preview of the role that advocacy organizations will play defending transgender workers as the Trump administration attacks their rights, experts said.

  • February 28, 2025

    Off The Bench: Trans Ban Recusal Bid, Wemby Spat, Fox Suit

    In this week's Off The Bench, a Colorado federal judge won't recuse himself from a case centering on a transgender athlete over his pronoun use, the sale of a high-profile Victor Wembanyama jersey will go forward despite feverish litigation and a sprawling harassment suit against Fox Sports is shuffled from federal to state court.

  • February 28, 2025

    7th Circ. Says It's Too Early To Mull Fired ISU Coach's Suit

    A Seventh Circuit panel says it lacks the jurisdiction to consider if a lower court rightly denied dismissal of a lawsuit brought by an ex-Illinois State University football coach who claims he was unlawfully fired for posting an "All Lives Matter" sign on his office door, because the district judge postponed a decision on the school officials' qualified immunity argument.

  • February 28, 2025

    Software Engineer Faces Prison For Sharing Info With China

    A Southern California man has pled guilty to downloading sensitive technology from a former employer and using it to market his own competing business to a company in China, according to a statement from the U.S. Department of Justice.

  • February 28, 2025

    New Jersey AG Office Tells Court It Wasn't Whistleblowers' Boss

    The New Jersey Attorney General's Office told a state judge Friday that it should be removed from a lawsuit accusing the Warren County prosecutor's office of retaliating against two detectives for their part in uncovering an alleged fraud scheme, because the attorney general was never their employer.

  • February 28, 2025

    Mich. Atty Says Ex-Firm Foiling Cases Over Retaliation Suit

    A lawyer urged a Michigan federal judge to pause matters in several state court cases as she alleged her former law firm, Olsman MacKenzie Peacock PC, is using the proceedings to retaliate against her for filing a sexual harassment and hostile workplace suit against it and another firm run by a well-known mediator.

  • February 28, 2025

    SuperValu Complains About Falsity Question In FCA Case

    Whistleblowers claiming SuperValu overcharged the government by $123 million for prescriptions can ask witnesses a single question alluding to a bitterly contested legal finding in the False Claims Act case in Illinois federal court, the grocer revealed in a motion objecting to the judge allowing that question.

  • February 28, 2025

    DA Eyes Type Of Weinstein Evidence That Sank 1st Verdict

    Manhattan prosecutors preparing to retry Harvey Weinstein want a jury to hear about alleged sexual assaults by the jailed Hollywood mogul that are not part of his indictment — the same kind of testimony that doomed his original conviction on appeal.

  • February 28, 2025

    Colo. Corrections Dept. Says No Pay Needed For On-Call Time

    A collective action accusing the Colorado Department of Corrections of failing to pay criminal investigators for time they spent on call should be thrown out, the department told a federal court, saying the workers weren't barred from doing personal activities during this time and thus aren't owed any extra wages.

  • February 28, 2025

    Adobe Hit With Age Bias Claim By Former Sales Manager

    A former Adobe sales manager was sidelined and then fired after reporting a supervisor's comments on his age to human resources, according to a lawsuit filed in Massachusetts state court.

  • February 28, 2025

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen the billionaire Zakay brothers, founders of Topland Group, become embroiled in a legal dispute with each other, Unilever sue three major perfume companies over alleged illegal price-fixing, and the publisher of Vogue magazine file an intellectual property suit against Cornucopia Events. Here, Law360 looks at these and other new claims in the U.K.

  • February 28, 2025

    Trump Admin's NIL Guidance Isn't Law, But Is A Title IX Threat

    When President Donald Trump's U.S. Department of Education recently rescinded late Biden-era guidance instructing that upcoming revenue distribution to college athletes should follow Title IX laws protecting equal opportunity for women, legal experts told Law360 it came as little surprise — but also carried very little legitimate legal force.

  • February 27, 2025

    States Say DOD Transgender Ban Puts Public Safety At Risk

    Twenty-one states on Wednesday threw their support behind transgender service members and human rights organizations challenging the Trump administration's executive order banning transgender people from serving in the military, arguing that it will harm their efforts to protect their communities.

  • February 27, 2025

    11th Circ. Urged To Revive Captivity Claims Against Cruise Co.

    Two former crew members who served aboard a Celebrity Cruises Inc. ship urged the Eleventh Circuit to reinstate their COVID-19 related false imprisonment and intentional infliction of emotional distress claims in a proposed class action against the company, arguing they were wrongly tossed after getting remanded to the lower court.

Expert Analysis

  • Gov't Scrutiny Of Workplace Chat Apps Set To Keep Growing

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    The incoming Trump administration and Republican majorities in Congress are poised to open numerous investigations that include increasing demands for entities to produce communications from workplace chat apps, so companies must evaluate their usage and retention policies, say attorneys at Orrick.

  • Using Contracts As Evidence Of Trade Secret Protection

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    Recent federal and U.S. International Trade Commission decisions demonstrate an interesting trend of judges recognizing that contracts and confidentiality provisions can serve as important evidence of the reasonable secrecy measures companies must take to prove the existence of protected trade secrets, say attorneys at Finnegan.

  • An Underutilized Tool To Dismiss Meritless Claims In Texas

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    In Texas, special appearances provide a useful but often overlooked tool for out-of-state defendants to escape meritless claims early in litigation, thus limiting discovery and creating a pathway for immediate appellate review, say attorneys at Winston & Strawn.

  • Top 10 Whistleblowing And Retaliation Events Of 2024

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    From a Florida federal court’s ruling that the False Claims Act’s qui tam provision is unconstitutional to a record-breaking number of whistleblower tips filed with the U.S. Commodity Futures Trading Commission, employers saw significant developments in the federal and state whistleblower landscapes this year, say attorneys at Proskauer.

  • What Employers Should Consider When Drafting AI Policies

    Excerpt from Practical Guidance
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    As generative artificial intelligence continues to evolve and transform the workplace, employers should examine six issues when creating their corporate AI policies in order to balance AI's efficiencies with the oversight needed to prevent potential biases and legal pitfalls, say attorneys at Jackson Lewis.

  • Green Card Sponsorship Expectations Reset In 2024

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    In 2024, adjudication times for employment-based green card applications increased to about 13 months, prompting more employers to implement varied strategies to avoid losing talent and minimize business disruptions, a trend that is likely to continue in the new year, says Jennifer Cory at FisherBroyles.

  • When US Privilege Law Applies To Docs Made Outside The US

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    As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.

  • Ring In The New Year With An Updated Employee Handbook

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    One of the best New Year's resolutions employers can make is to update their employee handbooks, given that a handbook can mitigate, or even prevent, costly litigation as long as it accounts for recent changes in laws, court rulings and agency decisions, say attorneys at Kutak Rock.

  • 9 Things To Expect From Trump's Surprising DOL Pick

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    The unexpected nomination of Rep. Lori Chavez-DeRemer, R-Ore., to lead the U.S. Department of Labor reflects a blend of pro-business and pro-labor leanings, and signals that employers should prepare for a mix of continuity and moderate adjustments in the coming years, say attorneys at Fisher Phillips.

  • What 2024 Trends In Marketing, Comms Hiring Mean For 2025

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    The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.

  • Wage Whiplash: Surviving A Compliance Roller Coaster

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    As the transition to the Trump administration causes mounting uncertainty about federal wage and hour policies, employers can transform compliance challenges into opportunities for resilience and growth by taking key steps to comply with stricter state and local requirements, says Lee Jacobs at Barclay Damon.

  • How Attorneys Can Master The Art Of Eye Contact At Trial

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    As a growing body of research confirms that eye contact facilitates communication and influences others, attorneys should follow a few pointers to maximize the power of eye contact during voir dire, witness preparation, direct examination and cross-examination, says trial consultant Noelle Nelson.

  • Series

    Group Running Makes Me A Better Lawyer

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    The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.

  • Tips For Employers Facing Looming Immigration Changes

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    As Trump's second term heralds a challenging period for immigration policy, employers should look to lessons from his first administration as they implement strategies for their global talent programs and communications protocols, says Eileen Lohmann at BAL.

  • Opinion

    6 Changes I Would Make If I Ran A Law School

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    Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.

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