Employment

  • July 26, 2024

    Hyundai Wants DOL Child Labor Suit Over 13-Year-Old Tossed

    The U.S. Department of Labor didn't support its claims that Hyundai knew a 13-year-old was working on an assembly line, the company said as it asked an Alabama federal court to dismiss the allegations.

  • July 26, 2024

    Telecom Worker Data Breach Deal Gets Final Approval

    A North Carolina federal judge gave his final sign-off on a class action settlement between telecommunications provider CommScope and its current and former employees who said it failed to protect their personal information and then took months to tell them about a data breach.

  • July 26, 2024

    Drexel Sinks Bulk Of Bias Suit But Must Face Equal Pay Claim

    A Drexel University philosophy professor failed to show the mistreatment she said she faced from male professors amounted to unlawful sex bias as opposed to a merely unpleasant workplace, a Pennsylvania federal judge ruled, knocking out much of her suit but letting an equal pay claim move ahead.

  • July 26, 2024

    Fisher Phillips Adds 2 Partners To Its Nashville Office

    Labor and employment firm Fisher Phillips has hired for its Nashville office a former in-house attorney for Peabody Energy and a lawyer who most recently held a public sector post in Tennessee.

  • July 26, 2024

    Washington Cases To Watch 2024: A Midyear Report

    Two Washington tribes are testing whether they can hold Big Oil companies accountable in state court for climate change-related catastrophes, the attorney general is defending a ban on large-capacity gun magazines, and a key test of the state's anti-patent troll law is set for trial.

  • July 26, 2024

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

    This past week in London has seen U.K. band The 1975 face action by Future Sound Asia after its performance in Malaysia resulted in a festival's cancelation, Spectrum Insurance hit by The Motoring Organization following their dispute over information misuse, and a former police constable pursue defamation against a colleague for allegedly instigating a campaign of harassment against her. Here, Law360 looks at these and other new claims in the U.K.

  • July 26, 2024

    NLRB Finalizes Rollback Of Trump-Era Union Election Rules

    The National Labor Relations Board on Friday finalized its rule rolling back Trump-era changes to union election procedures, restoring policies blocking union representation elections when an employer is alleged to have tainted the vote and insulating unions from removal if an employer voluntarily recognizes them.

  • July 25, 2024

    Ninth Circ. Vacates, Remands BIA Sexual Misconduct Dispute

    The Ninth Circuit vacated and remanded a lower court's ruling that the Bureau of Indian Affairs isn't liable for the actions of one of its officers who sexually assaulted a Northern Cheyenne woman, saying conflicting statements create a factual dispute regarding whether the officer was acting within the scope of his employment.

  • July 25, 2024

    NJ Justices Uphold Yeshiva's Win In Defamation Suit

    The New Jersey Supreme Court has upheld a ruling that the ministerial exception insulating religious employers from workplace tort claims protects an Orthodox Jewish school from a fired teacher's defamation claim over a letter sent to the community following an inquiry into allegations that he had interacted inappropriately with students.

  • July 25, 2024

    Radiologist Leans On Muldrow At 1st Circ. Bias Arguments

     A newly minted First Circuit judge dove enthusiastically into his first oral argument session Thursday, lobbing questions at a Boston medical center and a radiologist who said her discrimination and whistleblower case should be revived in part because of an April U.S. Supreme Court decision.

  • July 25, 2024

    Insurer Can't Link Secrets Suit To $47M Claim, Ex-Worker Says

    A former worker for British insurance company Beazley urged a Florida federal court Thursday to toss claims alleging trade secrets theft, saying the company's suit doesn't show how he supposedly caused it to incur $47 million in damages from an arbitration case over a Brazilian thermoelectric plant.

  • July 25, 2024

    NC High Court Signals End To College Building Access Row

    The Tar Heel State's Supreme Court this week unpaused a legal battle between North Carolina State University and a cancer-stricken professor after the two said they had resolved a dispute over testing for carcinogens in a campus building.

  • July 25, 2024

    Fla. Agency Gets Most Of Unions' Claims Over Dues Law Axed

    A public employee relations agency secured an early win against claims from Florida teachers unions that provisions in a state law pertaining to dues deductions and recertification violated the U.S. Constitution, a federal judge ruled, sending only one contracts clause allegation to trial.

  • July 25, 2024

    US Calls For Labor Scrutiny At Mexican Components Plant

    The Office of the U.S. Trade Representative announced a new request Thursday calling on Mexican authorities to investigate claims that workers at a components manufacturing plant were fired for protected activities and blocked from joining outside unions.

  • July 25, 2024

    'AntiVaxMomma' Gets Jail Time, Despite Duress Claim

    A Manhattan judge sentenced a woman to at least 1½ years in jail Thursday for selling fake COVID-19 immunization credentials under the Instagram handle "AntiVaxMomma," rejecting the defendant's claim that she didn't have enough time to weigh a plea offer before admitting her guilt.

  • July 25, 2024

    Texas Judge Again Orders Transfer Of SpaceX NLRB Suit

    A Texas federal judge again denied SpaceX's request that he reconsider an earlier decision transferring to California the company's challenge to the constitutionality of the National Labor Relations Board, reaffirming a May decision holding the company did not provide good reason to rethink the transfer.

  • July 25, 2024

    6th Circ. Asks Union If Steel Co. Must Pay 'Double' Benefits

    During oral arguments Thursday in a "messy, complex" union fringe benefits dispute, a Sixth Circuit panel questioned whether ruling for a union pension fund would require a steel contractor to pay benefits twice for out-of-state workers. 

  • July 25, 2024

    Ex-Ga. City Manager Asks 11th Circ. To Revive Race Bias Suit

    A white former city manager on Thursday asked the Eleventh Circuit to revive his race bias suit against Cordele, Georgia, and its commission chair, arguing the district court that oversaw the case held him to an improper evidentiary standard in dismissing his claims.

  • July 25, 2024

    GOP States Win Reprieve From Title IX Gender Identity Rule

    The U.S. Department of Education can't enforce its new interpretation of Title IX expanding LGBTQ+ rights against six states challenging the regulations, a Missouri federal judge ruled, saying the federal agency's interpretation of the statute isn't owed any deference under recent U.S. Supreme Court precedent.

  • July 25, 2024

    Warren Slams Fed Chief For Inaction On Bank Exec Pay

    Sen. Elizabeth Warren, D-Mass., urged the Federal Reserve's top official to support rulemaking that would restrict incentive-based pay for executives at big banks, a long-overdue policy change that Congress required in the 2010 Dodd-Frank Act.

  • July 25, 2024

    Wash. High Court Tosses Nurse's Religious Bias Lawsuit

    A state-run residential care facility was allowed to fire a nurse who kept requesting religious leave after the facility had already given her nine days off to practice nondenominational Christianity — seven more religious days than its union contract required, Washington state's high court ruled Thursday.

  • July 25, 2024

    Google Bias Case Tossed After Reported Settlement

    A Manhattan federal judge dismissed a suit brought by a former Google executive who claimed he was fired after alleging that a female colleague sexually harassed him, citing a reported settlement with the company.

  • July 25, 2024

    USDA Drops Push To Certify Contractors' Labor Compliance

    The U.S. Department of Agriculture on Thursday scrapped from a proposed rule requirements for federal contractors to attest that they were following federal and state labor laws, tossing President Barack Obama's efforts an earlier version of the rule revamped.

  • July 25, 2024

    Ex-Pharma Exec's Counsel Accused Of Reading Stolen Emails

    A New Jersey pharmaceutical startup wants to disqualify the "tainted" attorneys of a former executive who was allegedly caught spying on the CEO, claiming the attorneys should have immediately shielded their eyes when they realized their client was using stolen, privileged emails to carry out an "attempted shakedown."

  • July 25, 2024

    Loeb & Loeb Says Ex-GC's Sanctions Motion Is Bogus

    Loeb & Loeb LLP urged a Colorado federal judge Wednesday to reject a former general counsel's allegations that it deliberately sent a thumb drive of documents that aren't text searchable, saying they are actually searchable and would have otherwise sent over 64,000 physical pages that weren't.

Expert Analysis

  • After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1

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    The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.

  • Addressing Labor Shortages In The Construction Industry

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    As the construction industry's ongoing struggle with finding sufficient skilled workers continues, companies should consider a range of solutions including a commitment to in-house training and creative contracting protocols, say Brenda Radmacher and Allison Etkin at Akerman.

  • Tailoring Compliance Before AI Walks The Runway

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    Fashion industry players that adopt artificial intelligence to propel their businesses forward should consider ways to minimize its perceived downsides, including potential job displacements and algorithmic biases that may harm diversity, equity and inclusion efforts, say Jeffrey Greene and Ivory Djahouri at Foley & Lardner.

  • Recruitment Trends In Emerging Law Firm Frontiers

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    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • 3 Surprising Deposition Dangers Attorneys Must Heed

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    Attorneys often do not think of discovery as a particularly risky phase of litigation, but counsel must closely heed some surprisingly strict and frequently overlooked requirements before, during and after depositions that can lead to draconian consequences, says Nate Sabri at Perkins Coie.

  • What Employers Need To Know About Colorado's New AI Law

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    The Colorado AI Act, enacted in May and intended to regulate the use of high-risk artificial intelligence systems to prevent algorithmic discrimination, is broad in scope and will apply to businesses using AI for certain employment purposes, imposing numerous compliance obligations and potential liability, say Laura Malugade and Owen Davis at Husch Blackwell.

  • Opinion

    Paid Noncompetes Offer A Better Solution Than FTC's Ban

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    A better alternative to the Federal Trade Commission's recent and widely contested noncompete ban would be a nationwide bright-line rule requiring employers to pay employees during the noncompete period, says Steven Kayman at Rottenberg Lipman.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • Where Anti-Discrimination Law Stands 4 Years After Bostock

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    On the fourth anniversary of the U.S. Supreme Court's landmark Bostock ruling, Evan Parness and Abby Rickeman at Covington take stock of how the decision, which held that Title VII protects employees from discrimination because of their sexual orientation and gender identity, has affected anti-discrimination law at the state and federal levels.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • Crafting An Effective Workplace AI Policy After DOL Guidance

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    Employers should take proactive steps to minimize their liability risk after the U.S. Department of Labor released artificial intelligence guidance principles on May 16, reflecting the reality that companies must begin putting into place policies that will dictate their expectations for how employees will use AI, say David Disler and Courtnie Bolden at ​​​​​​​Porzio Bromberg.

  • Patent Lessons From 7 Federal Circuit Reversals In May

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    A look at recent cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court provide guidance on how to succeed on appeal by clarifying the obviousness analysis of design patents, the finality of a judgment, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

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