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Employment
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December 12, 2024
Judge Says Pay Owed After Texas Co. Benched H-1B Worker
A Department of Labor judge said a Houston engineering company owes a former H-1B worker nearly $57,000 in wages since it "benched" the worker without pay for months after a third-party contract collapsed during the COVID-19 pandemic.
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December 12, 2024
Wells Fargo Faces ADA Suit Over Post-COVID Office Mandate
Wells Fargo Bank NA faces a suit brought by a 20-year employee alleging she faced discrimination for working remotely due to health issues as the company sought to bring its workers back to in-person work on the heels of the coronavirus pandemic.
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December 12, 2024
Atlanta Private School Should Beat Racism Claim, Judge Says
A Georgia federal magistrate judge has suggested that an educator's race bias suit against an affluent Atlanta private school be tossed, writing that the former preschool director failed to convincingly argue she was fired over her writing an article on discrimination in education.
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December 12, 2024
Chemical Co. Cuts $300K Deal To End Unpaid Wage Suit
A Pennsylvania chemical company and a former worker who accused it of violating state and federal wage laws by requiring uncompensated preshift work of its employees came together and asked a Keystone State judge to approve a $300,000 settlement for the proposed class action.
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December 12, 2024
Insurer Must Defend Texas Oilfield Against Burned Worker
An insurer must continue to defend an oilfield services company in a suit brought by a severely burned worker seeking over $1 million for his injuries, a Texas federal court ruled, finding nothing in his short complaint triggered exclusions.
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December 12, 2024
Amazon Can't Nix Class, Collective Claims In Pay Bias Suit
A Washington federal judge on Thursday said Amazon cannot throw out proposed class and collective claims that it systematically paid women less than their male counterparts, saying the case is not "so hopeless" that certification is impossible down the road.
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December 12, 2024
Garth Brooks Can't Yet Move Rape Claims Out Of California
A California federal judge has denied, for now, Garth Brooks' bid to toss his former hair and makeup artist's Los Angeles rape suit in favor of dealing with the allegations in the Mississippi court where the country music star is leveling related extortion claims.
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December 12, 2024
Ex-Mich. Football Stars Eye 'Early' Class Cert. In $50M NIL Suit
Former University of Michigan football players seeking more than $50 million from the NCAA and Big Ten Network asked a judge to certify their proposed student-athlete class on Thursday, while noting it was "admittedly early" in the case to do so.
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December 12, 2024
Sam Adams Maker Using 'Draconian' Noncompete, Court Told
A former Boston Beer Co. sales worker told a Massachusetts federal judge on Thursday that the Sam Adams brewer is aggressively enforcing noncompete agreements that don't comply with state law.
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December 12, 2024
Lawmaker Sues Over Firing For Remarks On Jewish Rival
Outgoing Connecticut State Rep. Anabel Figueroa, a Democrat representing Stamford, is suing her ex-employer Nuvance Health Inc. claiming it wrongly fired her over purportedly antisemitic comments she made in a radio interview about her successful primary challenger that she said were taken out of context.
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December 12, 2024
'Love Is Blind' Cast Members Are Employees, NLRB GC Says
Cast members of the Netflix reality series "Love Is Blind" are employees under federal labor law, the NLRB's Minneapolis office alleged in a complaint obtained by Law360, claiming the producers have unlawful provisions in agreements demanding thousands of dollars if participants quit the reality show or breach the pacts.
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December 12, 2024
Sony, Bungie Face $200M Defamation Suit Over Exec's Ouster
Former Bungie Inc. gaming software director and designer Christopher Barrett sued the company and parent Sony Interactive Entertainment LLC for $200 million in damages in Delaware's Court of Chancery on Thursday, claiming defamation and constructive dismissal while accusing the companies of leaking false sexual misconduct allegations.
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December 12, 2024
Hartford Needn't Defend Contractor In Workplace Injury Suit
A Hartford unit has no duty to defend an electrical contractor against an employee's workplace injury suit, the New Jersey Supreme Court ruled Thursday, saying the underlying negligence- and intent-based claims don't fall within the scope of a workers' compensation and employers' liability policy.
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December 12, 2024
Saul Ewing Named In Wage Class Reps' Hidden-Asset Suit
A Pittsburgh-based home health care company and its counsel from Saul Ewing LLP are improperly shuffling assets in order to avoid paying future judgments, according to a lawsuit by representatives of a proposed wage class seeking $12.2 million.
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December 12, 2024
Former CFO Admits To Stealing $1.3M From SF Law Firms
A former chief financial officer of two San Francisco law firms admitted to stealing more than $1.3 million from his former employers via several fraudulent schemes, including redirecting firm payments to a nonprofit organization he set up privately.
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December 12, 2024
2nd Circ. Upends Arbitration Order In Bakery Drivers' Suit
The Second Circuit voided its prior ruling that a bakery's delivery drivers must arbitrate claims alleging they were misclassified as independent contractors, saying Thursday the question of whether they are exempt from arbitration is up in the air after the U.S. Supreme Court weighed in on the suit.
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December 12, 2024
Ex-Recruitment Firm GC Joins Gordon Rees In San Diego
Gordon Rees Scully Mansukhani LLP has bolstered its employment law practice group with the hiring of a civil litigator who previously worked in-house at a staffing agency.
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December 12, 2024
Farmers Market Wraps Up Ex-Worker's Harassment Suit
An Atlanta-area Sprouts Farmers Market has struck a deal with an ex-employee who said she was fired for calling out a co-worker's offensive comments about her sexuality, according to a filing in Georgia federal court.
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December 12, 2024
Woody Allen Axed Private Chef Over Military Duties, Suit Says
Filmmaker Woody Allen fired a personal chef because he repeatedly complained he wasn't being properly paid and had to take time off to participate in military exercises as a member of the U.S. Army Reserve, according to a lawsuit filed in New York federal court.
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December 12, 2024
Advocacy Group Says NCAA's NIL Deal Not 'Illegal' After All
The advocacy group National College Players Association retracted its condemnation of the NCAA's $2.78 billion settlement of a class action over name, image and likeness compensation, admitting six days after claiming that it broke several states' laws that it "has not been deemed illegal in any way."
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December 11, 2024
Metals Co. Gets $1.1M Verdict In Fireproofing IP, Transfer Feud
A Washington federal jury has awarded a company with nearly $786,000 in damages after finding that an ex-employee and another business willfully induced customers to infringe its patents for fire-resistant construction assembly products, plus another $300,000 for a fraudulent transfer of assets.
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December 11, 2024
Ye's Cos. Default In Another Private School Worker Lawsuit
A California judge held three of Ye's companies in default Wednesday for failing to retain counsel in litigation from a former teacher at the Donda Academy private school, the latest sanction for nonresponsiveness in a slew of employment suits against the rapper previously known as Kanye West.
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December 11, 2024
Uber Worker Can Arbitrate Firing Claim, Calif. Court Says
A California state appeals court backed a trial court's move to revive a former Uber employee's arbitration dispute with the company claiming she was fired for complaining about sex bias, ruling an arbitrator was wrong to find she attempted to restart the clock on her allegations.
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December 11, 2024
Google Targeted New Parents For Layoffs, Calif. Suit Says
Google was sued in California state court Wednesday by a former training manager who says the tech giant chose her and six colleagues for layoffs last year because of their decisions to take parental leave.
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December 11, 2024
High Court Bar's Future: Haynes Boone's Daniel Geyser
Daniel L. Geyser of Haynes and Boone LLP is an unconventional U.S. Supreme Court advocate in every respect, from the path he forged to become one of the high court's frequent arguers to the way he runs his current practice from more than half a country away from the nation's capital.
Expert Analysis
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Conn. Court Split May Lead To Vertical Forum Shopping
As shown by a recent ruling in State v. Exxon Mobil, Connecticut state and federal courts are split on personal jurisdiction, and until the Connecticut Supreme Court steps in, parties may be incentivized to forum shop, causing foreign entities to endure costly litigation and uncertain liability, says Matthew Gibbons at Shipman & Goodwin.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Licensing And Protections For Voice Actors In The Age Of AI
While two recently enacted California laws and other recent state and federal legislation largely focus on protecting actors and musicians from the unauthorized use of their digital likenesses by generative artificial intelligence systems, the lesser-known community of professional voice actors also stands to benefit, says attorney Scott Mortman.
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How The Tide Of EEOC Litigation Rolled Back In FY 2024
An analysis of the location, timing and underlying claims asserted in U.S. Equal Employment Opportunity Commission-initiated cases during fiscal year 2024 shows that the commission saw a substantial decrease in litigation activity after a surge last year, but employers should not drop their guard, say Christopher DeGroff and Andrew Scroggins at Seyfarth.
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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.