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Employment
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February 24, 2025
High Court Declines To Review Reach Of Trade Secrets Law
The U.S. Supreme Court on Monday turned down a petition from a Chinese company asking it to review whether the Defend Trade Secrets Act of 2016 can apply extraterritorially.
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February 24, 2025
Justices Nix Whistleblower Suit Over Arbitral Vacatur Limits
The U.S. Supreme Court on Monday declined to review a petition that raised questions about the standards under which courts can vacate or enforce arbitral awards, in a case brought by a whistleblower who sought to challenge an arbitral award favoring his former employer.
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February 22, 2025
NY Judge Extends Block On DOGE's Treasury Access
A New York federal judge on Friday barred Elon Musk's Department of Government Efficiency from accessing U.S. Treasury Department data, handing a win to 19 state attorneys general who claimed giving the new entity access to citizens' personal information posed a massive cybersecurity risk.
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February 21, 2025
Trump Blocked From Implementing Anti-DEI Orders, For Now
A Maryland federal judge on Friday temporarily barred the Trump administration from implementing the bulk of his executive orders aiming to slash diversity, equity and inclusion programs in the public and private sectors, ruling that the orders are likely unconstitutionally vague and illegally restrict free speech.
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February 21, 2025
DOJ Hits Judge Weighing Trans Troops Ban With Complaint
The U.S. Department of Justice on Friday filed a misconduct complaint against the D.C. federal judge overseeing litigation challenging President Donald Trump's executive order ostensibly banning transgender troops from serving in the military, accusing her of bias after she hammered government attorneys for answers they provided during a hearing earlier this month.
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February 21, 2025
Unions Lose Bid To Block Trump Admin Efforts To Gut USAID
A Washington, D.C., federal judge Friday refused to grant a preliminary injunction barring the Trump administration from placing U.S. Agency for International Development employees on leave, halting funding and taking other steps that federal employee unions say are meant to illegally dismantle the foreign assistance agency.
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February 21, 2025
CFPB Shutdown Means 'Irreparable Harm,' 23 State AGs Say
Nearly two dozen attorneys general on Friday filed an amicus brief backing the union that represents Consumer Financial Protection Bureau workers in their lawsuit over the agency's shutdown, arguing they will suffer "several forms of irreparable harm" without a preliminary injunction.
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February 21, 2025
Up Next At High Court: Straight Discrimination & Trial Rights
The U.S. Supreme Court will return to the bench Monday to debate whether majority-group plaintiffs should be held to higher evidentiary standards when bringing workplace discrimination claims and whether prisoners are entitled to jury trials when questions about pre-suit requirements are intertwined with the merits of their claims.
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February 21, 2025
11th Circ. Backs Ga. Military College In Race Bias Appeal
The Eleventh Circuit on Thursday backed Georgia Military College's early win in a race bias suit brought by a laid off former human resources professional, finding that the college "advanced legitimate, nondiscriminatory" reasons for eliminating her position amid a round of budget cuts.
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February 21, 2025
Fla. Biz Owner Gets 4 Years In Prison For Worker Fraud Plot
A Florida federal judge sentenced a construction business owner to four years in prison and ordered him to pay millions of dollars in restitution after pleading guilty to fraud-related charges in connection with an elaborate worker scheme and violating safety standards that led to the death of an employee.
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February 21, 2025
Employment Authority: NLRB Acting GC's Memo Walk Back
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with a look at the acting National Labor Relations Board general counsel's recission of his predecessor's memorandums, experts' take on the U.S. Equal Employment Opportunity Commission's unprecedented move in dropping lawsuits alleging mistreatment of transgender and nonbinary employees and coverage on the Federal Aviation Administration's guidance about in-flight pumping breaks.
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February 21, 2025
Diddy Atty Says No Way He Can Continue As Defense Counsel
A defense attorney representing Sean "Diddy" Combs' in his criminal sex-trafficking case on Friday asked a Manhattan federal judge to allow him to quit, saying in a carefully worded court filing that "under no circumstances" could he continue to represent the disgraced hip-hop mogul.
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February 21, 2025
Trump, NLRB Chairman Defend Wilcox's Removal As Lawful
President Donald Trump told a D.C. federal judge Friday that former National Labor Relations Board member Gwynne Wilcox should not be reinstated, laying out his arguments for why a 90-year-old U.S. Supreme Court opinion does not apply to board members.
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February 21, 2025
City Housing Agency Supervisor To Face Some Claims In Bias Suit
A North Carolina federal judge on Friday trimmed portions of a workplace retaliation and discrimination suit by a former Charlotte public housing authority coordinator, concluding that most of her punitive damage claims are barred by official immunity but that she can still pursue her ex-supervisor as an individual.
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February 21, 2025
NJ Judge Says AutoLender Can't Escape Ex-Worker's OT Suit
Used-vehicle dealership company AutoLender Liquidation Center and its subsidiaries cannot be dismissed from a fired employee's wrongful termination and overtime suit, a New Jersey federal judge has ruled.
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February 21, 2025
First Horizon Says Ex-CEO Is Dropping Claims To Avoid Loss
First Horizon Bank told a Florida federal judge that a former bank CEO cannot drop claims against individual bank directors to shield himself from an inevitable adverse judgment in the suit, which accused the bank and its directors of setting up the CEO as a scapegoat in the legal fallout of attorney Scott Rothstein's $1.2 billion Ponzi scheme.
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February 21, 2025
Justices Leave Fired Special Counsel In Office For Now
The U.S. Supreme Court on Friday declined to weigh in on the validity of a temporary court order reinstating a fired federal employment watchdog who claims President Donald Trump lacks the authority to remove him from office without cause, punting on the administration's first attempt to wipe out protections for top officials at independent agencies.
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February 21, 2025
Fla. Worker's Wage Suit Against Dillard's Sent To Arbitration
A Florida federal judge on Friday ordered Dillard's and a former employee to resolve claims that the company shorted workers on minimum and overtime wages out of court after granting an unopposed motion to compel arbitration and stay proceedings in a proposed collective action lawsuit.
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February 21, 2025
Wash. Health System Says Nurse Must Arbitrate Wage Claims
A Washington-based healthcare system facing a proposed class and collective wage action in Seattle federal court contends the plaintiff nurse agreed to arbitrate any claims with the third-party staffing agencies he contracted with to work at its facilities.
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February 21, 2025
GOP Lawmakers Press DOJ On Union Pension Overpayments
Thirty union pension plans haven't reported whether they've returned the overpayments they received from a federal bailout, two leaders of the U.S. House of Representatives' Committee on Education and the Workforce told new Attorney General Pam Bondi, asking the U.S. Department of Justice to look into it.
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February 21, 2025
UChicago Medical Center Can't Duck Wage Suit
An Illinois federal judge largely allowed a proposed class action brought by UChicago Medical Center workers seeking to recover unpaid wages for the time spent undergoing mandatory, pre-shift COVID-19 screenings to move forward, rejecting the center's argument that the screenings weren't "integral and indispensable" to employees' job duties.
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February 21, 2025
Off The Bench: White House Hosts PGA Tour-LIV Golf Summit
In this week's Off The Bench, the two former rival pro golf tours join the president to discuss their long-delayed combination, several NBA teams support a bid for the U.S. Supreme Court to keep copyright claims in check, and prosecutors charge Chilean nationals with robbing the homes of high-profile athletes.
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February 21, 2025
Officers Say NJ Attorney General Can't Avoid Retaliation Suit
A New Jersey state judge should reject a bid from the state Attorney General's Office to reconsider the denial of its bid to escape a lawsuit accusing the Warren County Prosecutor's Office of retaliating against two officers for their part in uncovering an alleged fraud scheme, the officers told the court this week.
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February 21, 2025
Pot Co. Workers Sue Over Lack Of Notice For Mass Layoffs
A group of workers laid off by a Massachusetts cannabis dispensary company sued their former employer in federal court Friday, alleging that it failed to give required notice before instituting a mass layoff.
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February 21, 2025
NY Restaurant $725K Wage, Tip Deal Served Final OK
A federal judge approved a $725,000 deal to resolve a proposed class action accusing a New York City restaurant of stiffing service workers on wages and misapplying a tip credit to their overtime pay, according to a federal court filing Friday.
Expert Analysis
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What Banks Need To Know About Trump's Executive Orders
While the numerous executive orders and memos from the last few weeks don't touch on many of the issues the banking industry expected the Trump administration to address, banks still need to pay attention to the flurry of orders from strategic, compliance and operational perspectives, say attorneys at Arnold & Porter.
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Applying ABA Atty Role Guidance To White Collar Matters
The American Bar Association’s recently published guidance, clarifying the duties outside counsel owes to both organizational clients and those organizations' constituents, provides best practices that attorneys representing companies in white collar and other investigative matters should heed, say attorneys at MoFo.
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Tax-Free Ways To Help Employees After The LA Wildfires
Following the recent wildfires in Los Angeles, there are various tax-free ways to give employees the resources and flexibility they need, including simpler methods like disaster relief payments under Internal Revenue Code Section 139 and leave-sharing programs, and others that require more planning, says Ligeia Donis at Baker McKenzie.
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What Trump Admin's Anti-DEI Push Means For FCA Claims
President Donald Trump's recent rescission of a 60-year-old executive order imposing nondiscrimination requirements on certain federal contractors has far-reaching implications, including potential False Claims Act liability for contractors and grant recipients who fail to comply, though it may be a challenge for the government to successfully establish liability, say attorneys at Bass Berry.
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Improving Comms Between Trial Attys And Tech Witnesses
In major litigation involving complex technology, attorneys should employ certain strategies to collaborate with companies' technical personnel more effectively to enhance both the attorney's understanding of the subject matter and the expert's ability to provide effective testimony in court, say attorneys at Buchalter.
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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.