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Employment
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February 19, 2025
Amazon, Supermarket Latest Targets Of Lie Detector Litigation
Amazon and New England supermarket chain Market Basket are the latest two companies to face accusations of flouting a nearly 40-year-old Massachusetts law that requires notice to jobseekers that the use of lie detectors in employment decisions is illegal in the Bay State.
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February 19, 2025
Resort To Pay $1.4M To End EEOC National Origin Bias Suit
A resort in Guam will pay $1.4 million to resolve a U.S. Equal Employment Opportunity Commission suit claiming it gave Japanese workers better pay and working conditions than their non-Japanese peers, according to a court filing Wednesday.
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February 19, 2025
Mintz Lands Kasowitz Employment Litigation Head In NY
The longtime chair of Kasowitz Benson & Torres LLP's employment litigation group said Wednesday that he had left that firm to take on the same role at Mintz Levin Cohn Ferris Glovsky and Popeo PC in New York.
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February 19, 2025
Md. Plant Nursery Settles EEOC Pregnancy Bias Suit
A Maryland plant nursery agreed to pay $40,000 to settle a U.S. Equal Employment Opportunity Commission suit accusing it of refusing to bring a laborer back after she took time off to deal with a pregnancy, according to court documents.
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February 18, 2025
Delta Crash In Toronto, FAA Firings Upend Aviation Industry
The harrowing crash of a Delta Air Lines passenger jet in Toronto on Monday, during which the plane caught fire, skidded across the runway with its wings broken off and flipped upside down, has upended an industry already rocked by a string of U.S. aviation accidents in the past month.
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February 18, 2025
Trump Exec Order Expands Control Over Independent Agencies
President Donald Trump signed an executive order Tuesday to limit the autonomy of independent agencies such as the U.S. Securities and Exchange Commission and Federal Communications Commission by requiring them to submit draft regulations for presidential review.
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February 18, 2025
Wells Fargo Fights Class Cert. Bid In 'Sham' Hiring Case
Wells Fargo & Co. is seeking to avoid class claims in a lawsuit accusing it of deceiving investors about its hiring practices, arguing that suing shareholders have not shown how a downturn in the bank's stock price was caused by the supposedly "sham" job interviews rather than a challenging interest rate environment.
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February 18, 2025
DOL Wants Trial For Tenn. Pork Farm Retaliation Suit
A Tennessee federal judge should let a jury consider a lawsuit accusing a Henry County pork producer of retaliating against two H-2A workers who filed a complaint over unpaid wages, the U.S. Department of Labor said Tuesday.
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February 18, 2025
Special Counsel Says Justices Can't Review Firing Just Yet
A federal employment watchdog urged the U.S. Supreme Court on Tuesday to deny the Trump administration's bid to undo a freeze of his firing, contending that granting the White House's request would suggest that the president is entitled to a special "rocket docket" in high-stakes emergency litigation.
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February 18, 2025
Judge Says 'Animus' Could Doom Trump Transgender Order
A D.C. federal judge Tuesday hammered government attorneys defending President Donald Trump's executive order ostensibly banning transgender people from serving in the U.S. military, challenging their claims that the order has yet to drive any practical changes when the Defense Department has already "paused" ascensions for trans recruits.
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February 18, 2025
Ousted MSPB Chair Wins Temporary Block Of Her Firing
A D.C. federal judge blocked President Donald Trump from removing the Democratic head of the Merit Systems Protection Board on Tuesday, dealing an initial blow to the administration's argument that limits on the president's power to remove agency officials are unconstitutional.
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February 18, 2025
Campbell Drivers' NC Claims Preempted, Court Told
Claims under North Carolina state law by a proposed class of Campbell Soup Co. drivers who alleged they were misclassified as independent contractors instead of employees must be tossed because they're preempted by the federal law, the food giant argued Tuesday.
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February 18, 2025
Judge Probes Unions' Options In Bid To Block Fed. Layoffs
A Washington, D.C., federal judge appeared concerned Tuesday with the havoc the president's downsizing initiatives may wreak on agencies and federal-sector unions but uncertain that those unions can ask the courts to step in.
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February 18, 2025
Judge Won't Hold DOL In Contempt In Farmworker Wage Suit
A Washington federal judge has rejected a farmworker union's claims that the U.S. Department of Labor violated a court injunction by greenlighting H-2A contracts that do not include 2020 prevailing wage rates for the upcoming cherry and apple harvests.
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February 18, 2025
CIA Officer Firings Under DEI Ban Halted As Judge Mulls TRO
A Virginia federal judge blocked the CIA and the Office of the Director of National Intelligence on Tuesday from officially firing intelligence officers who have challenged President Donald Trump's executive order directing federal agencies to terminate diversity, equity and inclusion officers.
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February 18, 2025
ER Says 3rd Parties Allow For Accurate Blame In Injury Suit
A Texas emergency room told state high court justices Tuesday that refusing to allow it to designate responsible third parties in a nurse's injury suit would create " a dramatic upheaval" by " not letting us blame who's really at fault" for the woman's back injury.
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February 18, 2025
Okla. Civil Rights Groups Spar Over Race Theory Law Docs
Oklahoma is fighting a bid by civil rights' groups to force public school officials to hand over documents related to a controversial bill that bans the teaching of certain racial and gender topics in public classrooms, arguing the request is premature and the discovery they seek is without limitation.
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February 18, 2025
Steward Says Mass. Owes $22M For Withheld Patient Claims
Steward Health Care has sued Massachusetts in Texas bankruptcy court to recover $22 million, which the insolvent hospital operator alleged it is owed for treating low-income patients in Massachusetts after the company filed for Chapter 11 relief.
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February 18, 2025
White House Says City Can't Show Harm From Anti-DEI Orders
The Trump administration urged a Maryland federal court Tuesday not to block its executive orders curtailing diversity, equity and inclusion programs, saying the city of Baltimore and other challengers hadn't shown any of their funding has been affected by the orders.
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February 18, 2025
States Ask 5th Circ. To Rethink Contractor Wage Hike Ruling
Republican attorneys general in Texas, Mississippi and Louisiana called on the full Fifth Circuit to reconsider a panel's decision backing the Biden administration's contract worker minimum wage hike, saying the ruling contradicts at least 11 other precedential decisions.
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February 18, 2025
DC Court Asked To Block DOGE's Access To Taxpayer Data
A federal judge should block the U.S. Treasury Department's reported provision of taxpayer data to the Department of Government Efficiency, halt DOGE's access and order its software uninstalled from Treasury systems, unions and advocacy organizations said in a complaint.
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February 18, 2025
Fired White Sox Trainer's Discrimination Suit Gets New Life
An Illinois state appeals court has revived a discrimination lawsuit from the former head trainer for the Chicago White Sox alleging the team fired him due to his sexual orientation, finding that the club may have tried to avoid litigation through deceptive means.
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February 18, 2025
NY High Court Upholds Ethics Commission In Cuomo Case
New York's highest court on Tuesday affirmed the constitutionality of the state's recently revamped ethics commission in an order reversing a lower court ruling that sided with embattled former Gov. Andrew Cuomo amid an investigation related to his use of government employees to help him publish and promote a book.
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February 18, 2025
Goldstein's Overseas Ties Make It 'Easier To Flee,' Judge Says
U.S. Supreme Court advocate and SCOTUSblog publisher Tom Goldstein has lost a second attempt to shield his more than $3 million residence in Washington, D.C., from forfeiture in his criminal tax evasion case as a Maryland federal judge ruled Tuesday that he remains a "significant flight risk."
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February 18, 2025
Compliance Boss Took $9M In Clients, Investment Firm Says
A Connecticut investment firm with $360 million in assets under management says its former chief compliance officer violated trade secrets and computer fraud laws by taking eight clients worth $9.3 million and secretly joining a competitor, all despite bearing responsibility for his now-former firm's data confidentiality measures.
Expert Analysis
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Navigating Title IX Compliance In The NIL Era
As universities push to move more name, image and likeness activity in-house, it's unclear how the NCAA and its members will square implementation of the House settlement with Title IX requirements, say attorneys at Buchanan Ingersoll.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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It Starts With Training: Anti-Harassment After 'It Ends With Us'
Actress Blake Lively's recent sexual harassment and retaliation allegations against her "It Ends With Us" co-star, director and producer, Justin Baldoni, should remind employers of their legal obligations to implement trainings, policies and other measures to prevent sexual harassment in the workplace, say attorneys at Morrison Cohen.
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Opinion
New DOJ Leaders Should Curb Ill-Conceived Prosecutions
First-of-their-kind cases have seemingly led to a string of overly aggressive prosecutions in recent years, so newly sworn-in leaders of the U.S. Department of Justice should consider creating reporting channels to stop unwise prosecutions before they snowball, says Jonathan Porter at Husch Blackwell.
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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.