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Employment
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November 19, 2024
Ohio Gov. Orders Immediate NIL Pay Until NCAA Deal Is Final
Ohio Gov. Mike DeWine has signed an executive order directing colleges in his state to immediately begin compensating student-athletes when their names, images or likenesses are used, saying it is needed as athletes await final approval of the settlement in massive NCAA litigation over NIL use.
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November 19, 2024
Law Firm Wants Out Of Ex-Paralegal's OT, Disability Suit
An Allentown, Pennsylvania, law firm is asking a federal judge to dismiss a former paralegal's claim that the firm fired her due to her panic disorder, arguing that among other things, the paralegal failed to prove she has a legitimate disability recognized by law.
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November 19, 2024
5th Circ. Can't Weigh In On Decertification Bid, La. Court Rules
Sending a nurses' wage suit to the Fifth Circuit for a decision on decertifying a collective in a post-Swales world wouldn't speed up the case, a Louisiana federal judge ruled in turning down a hospital operator's interlocutory appeal bid.
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November 18, 2024
Diddy Calls DOJ's Possession Of His Notes 'Outrageous'
Sean "Diddy" Combs said Monday that federal prosecutors are in possession of privileged attorney-client materials, including his own written notes, which they're "actively" using to detain him ahead of his trial, a move the hip-hop mogul called "outrageous government conduct."
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November 18, 2024
Plaintiffs Dispute Ruling Applying BIPA Change To Past Cases
Workers suing over the allegedly unlawful collection of their fingerprints are urging an Illinois federal court to reject a recent ruling that a legislative amendment limiting damages under the state's Biometric Information Privacy Act applies to previously filed disputes, arguing that several state courts have reached the opposite conclusion.
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November 18, 2024
Fringe Benefits Co.'s Ex-Atty Can't 'Abandon' Them, DOL Says
The U.S. Department of Labor on Monday urged a Maryland federal court not to let a fringe benefits company's former attorney "abandon" the company ahead of a civil contempt hearing over $3.8 million in unpaid mismanaged funds meant for government contractor employees' benefits, citing potentially "severe" consequences for the company.
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November 18, 2024
Pol Says Ex-Staffer 'Indicated' Link To Chandra Levy's Killing
A California state senator accused by her former chief of staff of sexual harassment fired back with a countersuit alleging he stole $50,000 from her campaign, abused drugs and "indicated" to her that he is responsible for the notorious unsolved homicide of Chandra Levy.
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November 18, 2024
AECOM Calls FCA Suit Alleging False Army Billing 'Meritless'
AECOM has pushed to end a False Claims Act suit alleging that it falsely billed the U.S. Army on a $1.9 billion support deal, saying the whistleblower who filed the suit hadn't shown that his remaining allegations were material to the government.
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November 18, 2024
Worker Urges High Court To Fix Rift In Axed Age Bias Suit
A former Halliburton employee asked the U.S. Supreme Court on Monday to overturn a Tenth Circuit order shuttering his age bias suit after finding he couldn't challenge an arbitration award because the case was voluntarily dismissed, arguing the ruling creates a "twilight zone" in the law.
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November 18, 2024
BCBS Wants New Trial After Worker's $12M Vax Suit Win
Blue Cross Blue Shield of Michigan has urged a federal judge to expunge a $12.69 million jury award won by a former employee who claimed she was unlawfully fired because her religious beliefs forbade her from getting a COVID-19 vaccination, saying her evidence of discrimination wasn't up to snuff.
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November 18, 2024
NLRB Ruling Nixes Conn. Employee Meeting Law, Judge Told
A business advocacy group said a National Labor Relations Board decision that removed decadeslong protections for employers who share their unionization views during mandatory workplace meetings should spell the end of a broader Connecticut statute that protects employees from being forced to hear political and religious messages.
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November 18, 2024
Judge Surprised Circle K Fired Clerk Who Touched Robber
A Tenth Circuit judge appeared stunned Monday that Circle K dismissed an elderly convenience store clerk after its management concluded the worker violated company policy when she physically confronted an armed robber.
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November 18, 2024
49ers Data Breach Class Tries Again For Settlement OK
The San Francisco 49ers will pay $610,000 to nearly 21,000 individuals whose personal information was compromised during a data breach in 2022, according to a new motion seeking preliminary approval filed in California federal court on Friday, more than a year after U.S. District Judge James Donato rejected their initial deal.
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November 18, 2024
$100M Deal In Suit Over Walgreens Rx Prices Gets First OK
An Illinois federal judge gave an initial blessing Monday to a $100 million deal resolving claims from consumers and unions that Walgreens unlawfully overcharged insured consumers for prescription drugs while allowing members of its cost savings club to pay less.
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November 18, 2024
5th Circ. Eyes Procedure In 1st NLRB Constitutionality Cases
The Fifth Circuit appears poised to punt — for now — on the issue of the National Labor Relations Board's constitutionality after a panel questioned on Monday whether SpaceX and Amazon have valid challenges to "effective" denials of their efforts to thwart prosecution for alleged labor violations.
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November 18, 2024
General Mills Plant 'Haunted' By Racist Past, Workers Say
A group of Georgia General Mills plant workers who said their workplace was run by a clique of neo-Confederate racists fought back Monday against the company's bid to toss the suit, arguing the plant remains "haunted" by a legacy of white supremacist leadership.
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November 18, 2024
BlackBerry Faces Uphill Fight To Nix Harassment Claims
A California federal magistrate judge expressed doubts Monday about BlackBerry's latest bid to toss claims that its current CEO sexually harassed a former executive before he took the top job, saying she's unsure if she can decide at the pleading stage what constitutes "objectively severe" discrimination.
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November 18, 2024
Trump Co. Seeks Coverage Of Wage Theft, Discrimination Suit
The Trump Corp. asked a New York federal court to force an insurer to defend it in a more than $500,000 wage theft and age discrimination dispute brought by a former employee of a company-managed luxury condo in Manhattan.
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November 18, 2024
Ex-UPS Driver's $238M Race Bias Verdict Slashed To $40M
A Washington federal judge reduced a $237.6 million jury verdict in a Black former UPS driver's lawsuit claiming he was treated differently than his white colleagues and fired for speaking up, ruling the worker hadn't provided enough evidence to support jurors' $198 million punitive damages award.
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November 18, 2024
Amazon Worker Can't Add Retaliation Claim To December Trial
A federal judge in Washington state has rejected a worker's eleventh-hour bid to amend his lawsuit accusing Amazon of passing him up for a promotion after he took protected military leave, saying the operations manager cannot "ambush" the e-commerce giant with fresh retaliation allegations just weeks before a trial in December.
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November 18, 2024
Colo. Justices Should Plug Damages Cap 'Loophole,' Co. Says
A construction company has urged Colorado's justices to find that a subcontractor's claim over a workplace fall is subject to a $15,000 damages cap, arguing in a petition that the sole proprietor opted out of workers' compensation benefits and can't make a "loophole" to sue for millions.
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November 18, 2024
Diddy Accusers' Atty Buzbee Accused Of Extorting Celebs
An anonymous public figure lodged a suit in Los Angeles court Monday accusing personal injury lawyer Tony Buzbee of using false rape allegations to "shake down innocent celebrities, politicians and businesspeople" who have even the smallest ties to indicted hip-hop mogul Sean "Diddy" Combs.
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November 18, 2024
Colo. Rugby Coach Cries Foul Over City's Revoked Job Offer
A man who says he was "poached" for an assistant coaching position with the American Raptors professional rugby team near Denver has filed a breach of contract lawsuit alleging he was fired before he even began, without cause, and cheated out of his early termination payment.
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November 18, 2024
PPG Says Manager Stole Sales Data In Incora Move
PPG Industries Inc. hit its competitor Incora and a former sales manager who joined the latter company earlier this year with a trade secrets lawsuit Friday, alleging that its onetime employee absconded with PPG's "highly proprietary" pricing platform to help Incora move in on the company's markets.
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November 18, 2024
Walgreens, Grocer Accused Of Flouting Lie Detector Law
Walgreens and New England supermarket chain Shaw's are violating a Massachusetts law requiring that job applicants be advised that the state does not allow the use of lie detector tests in employment decisions, a pair of proposed class actions filed Monday allege.
Expert Analysis
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Politics In California Workplaces: What Employers Must Know
As the election looms, it is critical that California employers ensure their compliance with state laws providing robust protections for employees' political activity — including antidiscrimination laws, off-duty conduct laws, employee voting leave laws and more, say Bradford Kelley and Britney Torres at Littler.
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Conn. Court Split May Lead To Vertical Forum Shopping
As shown by a recent ruling in State v. Exxon Mobil, Connecticut state and federal courts are split on personal jurisdiction, and until the Connecticut Supreme Court steps in, parties may be incentivized to forum shop, causing foreign entities to endure costly litigation and uncertain liability, says Matthew Gibbons at Shipman & Goodwin.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Licensing And Protections For Voice Actors In The Age Of AI
While two recently enacted California laws and other recent state and federal legislation largely focus on protecting actors and musicians from the unauthorized use of their digital likenesses by generative artificial intelligence systems, the lesser-known community of professional voice actors also stands to benefit, says attorney Scott Mortman.
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How The Tide Of EEOC Litigation Rolled Back In FY 2024
An analysis of the location, timing and underlying claims asserted in U.S. Equal Employment Opportunity Commission-initiated cases during fiscal year 2024 shows that the commission saw a substantial decrease in litigation activity after a surge last year, but employers should not drop their guard, say Christopher DeGroff and Andrew Scroggins at Seyfarth.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Using Primacy And Recency Effects In Opening Statements
By understanding and strategically employing the primacy and recency effects in opening statements, attorneys can significantly enhance their persuasive impact, ensuring that their narrative is both compelling and memorable from the outset, says Bill Kanasky at Courtroom Sciences.
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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.