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Employment
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April 03, 2025
Echoing EEOC, Red State AGs Target Law Firms Over DEI
A dozen Republican state attorneys general on Thursday urged 20 law firms to fork over information the U.S. Equal Employment Opportunity Commission requested last month about their workplace diversity practices, doubling down on the acting EEOC chair's claim that those practices may be unlawful.
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April 03, 2025
11th Circ. Urged To End For-Cause Firing Of Tax Court Judges
A widow and former licensed practical nurse urged the Eleventh Circuit on Thursday to eliminate a code provision that only allows for-cause removal of U.S. Tax Court judges — saying it restricts presidential power — or else declare the provision unconstitutional because the Tax Court isn't a part of the executive branch.
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April 03, 2025
Law Firm Fights Ex-Paralegal's Anonymity Bid In Bias Suit
A former paralegal at a Pennsylvania law firm made speculative and illogical arguments to take her identity away from her overtime and retaliation suit, the firm said Thursday, urging a federal court to keep her name known.
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April 03, 2025
2nd Circ. Says NLRB Severance Doesn't Stop Enforcement
The Second Circuit has joined a handful of other circuits in finding that it can rule on a National Labor Relations Board enforcement request when the agency has severed part of the underlying case, rejecting a broadcaster's bid to escape an order to bargain.
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April 03, 2025
'No Serious Question' Federal Firings Broke Law, Justices Told
Federal employee unions and advocacy groups urged the U.S. Supreme Court on Thursday to reject the Trump administration's bid to pause a California court order reinstating tens of thousands of probationary workers fired from six agencies, arguing the government can't escape self-inflicted harms brought on by its allegedly unlawful actions.
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April 03, 2025
Security Workers Say Firm Edits Their Overtime Hours
A security firm manipulates the hours employees record in a timekeeping app in order to short them on overtime pay and cuts workers' hours if they complain about the practice, two security guards alleged in a proposed class and collective action filed in Colorado federal court.
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April 03, 2025
DLA Piper Can't Escape Vax Refuser's Religious Bias Suit
An Illinois federal judge rejected DLA Piper's bid to shut down a suit accusing the firm of firing a Christian worker for shirking its COVID-19 vaccine mandate, saying it was too early to tell if the firm offered him a reasonable accommodation.
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April 03, 2025
Jackson Walker Adds Chamberlain Hrdlicka Labor Duo In Texas
Jackson Walker LLP has strengthened the firm's labor and employment offerings with a pair of lawyers in Houston who came aboard from Chamberlain Hrdlicka White Williams & Aughtry.
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April 03, 2025
Harvard Says Judge Ignored Time Limits In Coach's Bias Suit
A Massachusetts federal judge got it wrong when she recommended keeping in play a former ice hockey coach's sex bias lawsuit, Harvard University said, arguing that the judge's findings that the statute of limitations could be extended essentially allow limitless Equal Pay Act claims.
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April 03, 2025
Ally Bank, White Ex-Worker End Suit Alleging Illegal Quotas
Ally Bank and a white, male former employee have agreed to end his discrimination suit alleging he was passed over for a senior role in favor of a woman with less experience so the company could check off diversity quotas, according to a North Carolina federal court filing.
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April 03, 2025
Loan Fraud Plea Adds 6 Mos. To Pizzeria Owner's Prison Term
The owner of a Boston-area pizzeria chain who was sentenced to 8½ years in prison in October for an alleged forced-labor scheme will spend an additional six months behind bars after pleading guilty to submitting false information to the U.S. Small Business Administration to obtain a loan.
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April 02, 2025
Perkins Coie Urges Court To End Trump's 'Assault' On Firm
Perkins Coie LLP on Wednesday asked a D.C. federal judge to permanently block enforcement of President Donald Trump's "unconstitutional assault" on the firm and the rule of law, filing a summary judgment bid the same day the federal government pushed for the firm's suit to be tossed.
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April 02, 2025
Transfer Of SpaceX NLRB Challenge To Calif. Paused For Now
A Texas federal judge has paused an order transferring SpaceX's lawsuit challenging the constitutionality of the National Labor Relations Board's structure to California, saying he had mistakenly thought a Fifth Circuit mandate connected to the case had already been issued.
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April 02, 2025
DC Circ. To Hear Trump Admin's Bid To Stay CFPB Injunction
A D.C. Circuit panel said Wednesday that it will hold a hearing next week on whether to stay a federal judge's order barring the Trump administration from shutting down the Consumer Financial Protection Bureau, taking up what has also become a jurisdictional dispute.
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April 02, 2025
Attys Call Ending DOJ Tax Division 'Epic Failure' In Efficiency
The U.S. Department of Justice's plan to dissolve its Tax Division would jeopardize effective tax enforcement nationwide, a slew of tax controversy lawyers told the DOJ Wednesday, saying such a move would defeat President Donald Trump's stated overarching goal to improve government efficiency.
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April 02, 2025
Retired Calif. Judges Unlikely To Revive Age Bias Suit
A California appellate court tentatively ruled against seven retired California state court judges accusing California's Judicial Council of age discrimination due to rules limiting the time retired judges can spend on temporary assignments, saying plaintiffs haven't shown a statistically significant impact to judges over 70, among other concerns.
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April 02, 2025
Insurer Cites Exclusion To Avoid Covering Co.'s Silica Suits
An insurance company has sued in California federal court to avoid covering any legal fees or potential settlements a Georgia-based countertop manufacturer might face from the more than 100 lawsuits filed by workers who claim to have suffered lung scarring and cancer due to exposure to dust.
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April 02, 2025
Potbelly Says Insurer Must Cover Wage Transparency Suit
Sandwich chain owner Potbelly Inc. told a Washington state court that its insurer wrongly refused to cover it in a proposed underlying class action alleging the business violated Washington's wage transparency law by failing to disclose pay and benefit information to job applicants.
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April 02, 2025
CVS Asserts DOJ's Opioid Prescription Suit Lacks Facts
CVS Pharmacy Inc. has told a Rhode Island federal judge that most of the U.S. Department of Justice's claims that it knowingly filed invalid prescriptions for opioids should be tossed, saying the agency failed to adequately allege the company willfully put profits over safety.
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April 02, 2025
At AI Hearing, House Lawmakers Seek Regulatory Balance
Lawmakers on the House Judiciary Committee grappled with how antitrust regulators should approach the artificial intelligence industry Wednesday, with Republicans and industry advocates warning that heavy-handed enforcement could thwart America's lead in the industry and Democrats wondering what had changed from when AI leaders sought more governmental guardrails.
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April 02, 2025
Environmental Cleanup Co. Seeks Refund For Retention Credit
The Internal Revenue Service owes an Alabama company that does environmental cleanup work a $3.1 million tax refund, the company told a federal district court, arguing that one of its employee retention tax credit claims was wrongfully denied.
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April 02, 2025
Amazon Worker Can't File Amended Military Leave Suit
It's too late for a former Amazon employee to add a claim that the company put up barriers for workers requesting active duty leave in her suit accusing the commerce giant of failing to fully provide the paid leave for service member employees, a New York federal judge ruled.
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April 02, 2025
Amazon Delivery Partner Faces Wage, Breaks Suit In Calif.
An Amazon delivery service partner offering delivery and assembly of large items didn't pay employees for all hours worked, violated rest breaks law and paid just $5 per pay period to cover their cellphone expenses, according to a proposed class action in California state court.
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April 02, 2025
Fintech Execs Want $2M Award Confirmed For 'Nonperformer'
A trio of financial technology executives asked a Connecticut state judge to confirm a $2 million arbitration award in favor of another executive they say they pushed out for being a "chronic nonperformer" who failed to negotiate the terms of his exit in good faith.
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April 02, 2025
Ex-Bank VP's Defamation Claims Dismissed By NJ Panel
A former Pennsylvania bank vice president's claims of retaliation, defamation and trade libel were properly tossed by a New Jersey trial court that found the bank's statement that she had engaged in criminal behavior was substantially true even though she was never convicted of a crime, a state appellate panel said in a published opinion.
Expert Analysis
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New Year, New Risks: 8 Top Cyber Issues For Finance In 2025
As financial institutions forge ahead in 2025, they must strike a delicate balance between embracing technological innovation and guarding against its darker threats, which this year could include everything from supply chain vulnerabilities to deepfakes, say attorneys at Baker Donelson.
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Lessons Learned From 2024's Top ADA Decisions
Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Lessons From The SEC's 2024 Crackdown On AI Washing
AI washing was the subject of increased scrutiny from the U.S. Securities and Exchange Commission in 2024 following a surge in the commercial adoption of generative artificial intelligence technologies in 2023, highlighting the importance of transparency, accuracy and accountability when communicating about AI, say attorneys at Perkins Coie.
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Identifying Deepfakes During Evidence Collection, Discovery
Excerpt from Practical Guidance
Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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5 Proactive Immigration Best Practices For Employers In 2025
Businesses that depend on foreign talent should take specific steps in anticipation of changes to federal immigration policies that could affect the H-1B visa and other programs, and likely require changes in organizational operations and compliance strategy, says Dustin O'Quinn at Ballard Spahr.
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Top 10 Employer Resolutions For 2025
While companies must monitor for policy shifts under the new administration in 2025, it will also be a year to play it safe and remember the basics, such as the importance of documenting retention policies and conducting swift investigations into workplace complaints, say attorneys at Krevolin Horst.
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NLRB Likely To Fill Vacuum After NMB Jurisdiction Ruling
The National Mediation Board's recent ruling in Swissport Cargo Services LP abandoned decades of precedent by concluding the Railway Labor Act doesn’t apply to airline service providers, likely leading the National Labor Relations Board to assert its jurisdiction instead and potentially causing more operational disruptions and labor strife, say attorneys at Morgan Lewis.
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What To Expect From EEOC Next Year After An Active 2024
While highlights this year for the U.S. Equal Employment Opportunity Commission include its first-ever Pregnant Workers Fairness Act cases and comprehensive workplace harassment guidance, the question for 2025 is whether the commission will sustain its momentum or shift its focus in a new direction, says Shannon Kelly at GrayRobinson.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024 Has Been A Momentous Year For ESG
Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.
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Opinion
A New Tax On Employers Could Help Curb Illegal Immigration
To better enforce the law against hiring immigrants unauthorized to work in the U.S., Congress should enact a punitive excise tax on compensation paid to such immigrants and amend the False Claims Act to allow qui tam actions against employers for failure to pay such tax, says Ajay Gupta at Moore Tax Law Group.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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4 Trade Secret Pointers From 2024's Key IP Law Developments
Four significant 2024 developments in trade secret law yield practical tips about defending trade secrets overseas, proving unjust enrichment claims, forcing compliance with posttrial orders and using restrictive covenants to prevent employee leaks of confidential intellectual property, say attorneys at Faegre Drinker.