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Employment
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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.
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November 18, 2024
Ex-Utility Co. Worker Says OT Violations Were 'No Secret'
A former employee of North Carolina-based utility services company Stake Center Locating LLC asked an Illinois federal judge to certify his proposed class of workers that were allegedly not paid proper overtime, stating that "it's no secret SCL uniformly requires its locators to work off the clock."
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November 18, 2024
Wendy's To Pay $4M To Settle Colo. Wage Claims
Wendy's agreed to shell out $4 million to settle a class action claiming the fast food chain failed to guarantee workers meal and rest breaks, a former employee said, asking a Colorado federal court to sign off on the deal.
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November 18, 2024
Calif. Staffing Biz Settles Immigration Bias Claim With DOJ
The U.S. Department of Justice said it reached an agreement to resolve claims that a California staffing company refused to accept a valid work authorization document from a woman seeking employment.
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November 18, 2024
3rd Circ. Shuts Down Healthcare Workers' Vax Bias Suit
A split Third Circuit panel said a group of Christian workers can't revive suits claiming a healthcare provider illegally fired them for refusing the COVID-19 vaccine on religious grounds, finding they failed to show how their beliefs prevented them from getting immunized.
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November 18, 2024
High Court Turns Away Ex-Volvo Worker's Military Bias Suit
The U.S. Supreme Court declined Monday to review a U.S. Army veteran's suit claiming Volvo fired her because of her military service and post-traumatic stress disorder, leaving in place a Seventh Circuit decision that refused to reinstate a $7.8 million jury verdict in her favor.
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November 15, 2024
Employment Authority: NLRB Captive Audience Shift's Impact
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on the impact of the National Labor Relations Board's decision deeming illegal captive audience meetings and tips employers can follow to curtail workplace friction after the presidential election.
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November 15, 2024
Ye's Ex-Construction Manager Latest To Sue For Misconduct
Ye has been hit with yet another employee lawsuit, this time from a former project manager alleging he was subjected to daily antisemitic tirades, forced to listen to the rapper have sex, and ultimately fired for refusing to start construction on a new Donda Academy building without permits.
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November 15, 2024
Texas Court OKs Peloton Atty's Suit Against Ex-Coworker
A Texas appeals court won't toss a defamation suit accusing a former Peloton employee of falsely claiming to company executives and New Jersey police that she was bullied by her workplace acquaintance, an in-house attorney, after finding she can't avail herself of a state statute protecting citizens from retaliatory lawsuits.
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November 15, 2024
Ill. Biometric Privacy Changes Apply Retroactively, Judge Says
The Illinois legislature's recent move to limit businesses' exposure under the state's landmark biometric privacy law applies to disputes that were brought before the change was approved, a federal judge has ruled in tossing a lawsuit over a transportation company's allegedly unlawful collection of an employee's fingerprints.
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November 15, 2024
Colo. University To Pay $4.5M To Resolve Pay Bias Suit
The University of Colorado Boulder has agreed to pay $4.5 million to resolve a proposed class action claiming hundreds of female faculty members were owed back pay after the school raised their salaries without making up for years of undercompensation, according to a state court filing.
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November 15, 2024
Tech Co. Salesman Settles Ex-Employer's AI Misuse Claims
A Connecticut salesman accused of using an artificial intelligence application to record company conference calls and his former employer have settled the company's trade secrets lawsuit, according to a joint request filed Friday seeking a permanent injunction.
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November 15, 2024
FanDuel Dropped From Suit Over MLB Players' NIL Use
The Major League Baseball Players Association said Friday it's dropping FanDuel from a case over the alleged use of players' photos to promote sports gambling.
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November 15, 2024
New Trade Secrets Case Brought In Trucker Tracking Row
A fight between two neighboring San Francisco startups that sell artificial intelligence-powered software used to monitor truck drivers has resulted in yet another lawsuit: a new state court case that accuses a CEO of personally "texting and meeting in person" with competing sales reps in order to obtain trade secrets.
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November 15, 2024
Rawlings Can't Block Softball Coach From New Job, Suit Says
A hall-of-fame softball coach and former employee of Rawlings Sporting Goods said in a Washington state lawsuit that the company is illegally trying to block him from working for a rival by threatening to sue him under New Hampshire state law.
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November 15, 2024
GOP Sens. Decry 'Lack Of Urgency' On FDIC Misconduct
Six Republican senators wrote a letter to the Federal Deposit Insurance Corp. Inspector General Jennifer L. Fain asking for a briefing on the FDIC's progress investigating claims of widespread misconduct at the agency, asserting there has been "a shocking lack of urgency."
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November 15, 2024
Pa. Top Court Snapshot: Silent Partners, Skill Games In Nov.
The Pennsylvania Supreme Court's November argument schedule will task the justices with determining whether a property owner's absentee partner is an "indispensable party," whether CBD oil is reimbursable under workers' comp, and whether operating legally gray "skill games" should disqualify someone from getting a gaming license.
Expert Analysis
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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.
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Class Actions At The Circuit Courts: September Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from four recent class certification rulings involving denial of Medicare reimbursements, automobile insurance disputes, veterans' rights and automobile defects.
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How Lucia, Jarkesy Could Affect Grocery Merger Challenge
While the Federal Trade Commission is taking a dual federal court and administrative tribunal approach to block Kroger's merger with Alberstons, Kroger's long-shot unconstitutionality claims could potentially lead to a reevaluation of the FTC's reliance on administrative processes in complex merger cases, say attorneys at Saul Ewing.
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6 Tips For Trying Cases Away From Home
Excerpt from Practical Guidance
A truly national litigation practice, by definition, often requires trying cases in jurisdictions across the country, which presents unique challenges that require methodical preparation and coordination both within the trial team and externally, say Edward Bennett and Suzanne Salgado at Williams & Connolly.
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How NLRB Memo Balances Schools' Labor, Privacy Concerns
Natale DiNatale at Robinson & Cole highlights the recent National Labor Relations Board advice memorandum that aims to help colleges reconcile competing obligations under the National Labor Relations Act and the Family Educational Rights and Privacy Act as university students flock toward unionization.
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Employer Tips For PUMP Act Compliance As Law Turns 2
Enacted in December 2022, the Providing Urgent Maternal Protections for Nursing Mothers Act requires employers to provide reasonable break time and a private space for employees to express breast milk, but some companies may still be struggling with how to comply, say attorneys at Alston & Bird.