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Employment
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November 04, 2024
DOD Trans Healthcare Denial Discriminates, Judge Rules
A Maine federal judge ruled Monday that the U.S. Department of Defense's denial of healthcare coverage for two transgender women's gender-confirmation surgeries violates the Fifth Amendment's equal protection clause, finding that the way the department applied a statutory exclusion discriminated based on sex and transgender status.
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November 04, 2024
Startup Beats $460M Cancer Trade Secrets Case In Delaware
In front of a federal jury in Delaware, a California biotech startup has defeated a nearly $460 million trade secrets case from a rival that claimed the startup's co-founder helped himself to confidential information regarding cancer treatment antibodies while employed as an expert in an unrelated international arbitration proceeding.
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November 04, 2024
Former Curaleaf VP Sues Over Pay Bias, Sexual Harassment
A former executive at Curaleaf is suing the cannabis dispensary giant for discrimination and sexual harassment, claiming in Massachusetts federal court the company paid her white C-suite peers more money and ultimately sidelined her after she spoke out about male colleagues' lewd and racist remarks.
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November 04, 2024
Finance Cos. Can't Prove Trade Secret Theft, Conn. Court Told
A Connecticut financial adviser denied stealing trade secrets from his former firm and improperly accessing its computer systems after he resigned to run his own company, telling a state court that his onetime employer and its affiliates cannot prove the allegations in a lawsuit they brought against him.
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November 04, 2024
Top Swimming Body Wants 9th Circ. Redo In Antitrust Case
Swimming's international governing body has asked the Ninth Circuit to rethink a decision that revived a pair of lawsuits brought by a trio of swimmers and a swimming league claiming the governing body's boycott violated antitrust laws.
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November 04, 2024
Judge Cites Tesla Stock, Friendship In SpaceX Firing Recusal
A California federal judge on Monday recused herself from a hostile work environment and retaliation suit brought by a group of former SpaceX employees, saying she owns Tesla stock and is friends with a SpaceX human resource executive's mother-in-law.
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November 04, 2024
Farm Asks 4th Circ. To Undo $2.5M Severed-Foot Verdict
A North Carolina farm and four of the family members who run it urged the Fourth Circuit to undo a $2.5 million verdict in favor of a former worker whose foot was severed by a grain silo auger, arguing that the trial judge was wrong to say the evidence supported the jury's decision.
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November 04, 2024
Relators Want Denial Of Fluor FCA Legality Argument To Stick
Four relators have urged a South Carolina federal judge not to reconsider his effective denial of Fluor Corp.'s bid to toss their allegedly unconstitutional False Claims Act suit accusing the company of overcharging the military, saying there was no legal error.
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November 04, 2024
Citizens Bank Reaches Deal With Loan Officers To Avoid Trial
Citizens Bank struck a deal with a group of mortgage loan officers to resolve the final remaining claim in their lawsuit alleging the company stiffed them on overtime wages by compelling them to put in extra work off the clock, a filing in Pennsylvania federal court said.
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November 04, 2024
Worker Says Ga. City Fired Him For Opposing Mayor's Fraud
The former finance director of Norcross, Georgia, has slapped the city, its mayor and a city council member with a complaint in Georgia federal court alleging he was subjected to "vicious retaliation" and fired after disclosing the mayor's "fraud, waste, abuse and violations of the law."
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November 04, 2024
McKesson Inks $450K DOL Deal Following Hiring Bias Probe
The U.S. Department of Labor announced Monday that McKesson Medical-Surgical Inc. has agreed to pay nearly $450,000 to resolve the agency's claims that it gave hiring preferences to Asian job applicants over Black, Hispanic and white job hopefuls.
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November 04, 2024
Religious Groups Want 5th Circ. To Toss FCC Diversity Form
Religious broadcasters are asking the Fifth Circuit to step in and stop the Federal Communications Commission from making them turn in diversity data, a recently reinstated policy that they say tramples on their First Amendment rights and pressures them to "engage in race- and sex-conscious employment decisions."
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November 04, 2024
Insurer Says Only Sublimit Available In Sex Misconduct Suits
A commercial general liability insurer for a Nashville-based gym told a Tennessee federal court that only a $100,000 "each abuse" sublimit in an abuse endorsement is available for four civil lawsuits stemming from a personal trainer's sexual misconduct.
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November 04, 2024
Mortgage Co. Accused Of 'Bad Faith' In Settlement With Atty
A former staff attorney with a mortgage company has accused the business of "bad faith" for purportedly trying to renegotiate the terms of a settlement to resolve her Texas state lawsuit alleging she was fired after she witnessed inappropriate sexual behavior by a deputy general counsel.
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November 04, 2024
Ogletree Adds Steptoe & Johnson Employment Pro In Texas
Labor and employment firm Ogletree Deakins Nash Smoak & Stewart PC is expanding its Texas team, announcing Monday it is bringing in a Steptoe & Johnson PLLC litigator as a shareholder in its San Antonio office.
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November 04, 2024
Ex-Twitter Marketing Exec Denied $20M Severance, Suit Says
Elon Musk abruptly fired Twitter's chief marketing officer and denied her $20 million in severance benefits because she recommended Musk meet with an employee who disagreed with letting former President Donald Trump back on the platform, according to a suit in California federal court.
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November 04, 2024
Walgreens To Pay $100M In Suit Alleging Inflated Drug Prices
Walgreens has agreed to hand over $100 million to settle claims from consumers and unions that it unlawfully overcharged insured consumers for prescription drugs while allowing members of its cost savings club to pay less, according to an Illinois federal court filing.
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November 04, 2024
Ex-Twitter Execs Can Proceed With Severance Claim
Elon Musk and X Corp. can't escape four former executives' claim that Musk fired them to prevent them from receiving severance benefits after he struck the deal to buy the company formerly known as Twitter, a California federal judge ruled while also lifting a stay on discovery.
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November 04, 2024
Justices Nix Ex-Adviser's Manifest Disregard Challenge
The U.S. Supreme Court on Monday turned away a petition asking it to resolve whether the Eleventh Circuit wrongly nixed an ex-Morgan Stanley financial adviser's bid to vacate an arbitral award favoring his former employer on the grounds that the panel manifestly disregarded the law.
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November 01, 2024
Ex-Nuclear Worker Fired Over Drug Test Is Denied Rehearing
A Mississippi federal judge said he won't allow a former nuclear engineer for Entergy Operations Inc. to proceed with a wrongful termination lawsuit accusing the company of tampering with drug tests as retaliation for his refusing to falsify safety reports, decrying his arguments as "conjecture, speculation" and "conclusory allegations."
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November 01, 2024
Wheeling & Appealing: The Latest Must-Know Appellate Action
One circuit court will hold an oral argument for the history books, with dizzying logistics and stakes surpassing almost anything on the U.S. Supreme Court's calendar. Other circuit showdowns will delve into the high court's latest opinions and flesh out fascinating feuds involving big beer brands and emerging theories of "administrative state" overreach. All that and more is making November a month of exceptional appellate intrigue.
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November 01, 2024
Fired Exec's Claims Cut From Aerospace Trade Secrets Case
An aerospace company's ex-president, who alleged defamation and unlawful termination in counterclaims against his former employer in a lawsuit accusing him of stealing its trade secrets to launch a rival business, saw all his claims get dismissed Friday in New Jersey federal court.
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November 01, 2024
Atty Suing Ex-Partner Asks Judges For 'Fairly Nominal' Bond
An attorney suing his ex-CEO over the breakup of their law firm has asked a Connecticut Superior Court judge to clear up two orders from different jurists by explaining how much bond he'll be required to post, saying a "fairly nominal" bond would ensure he keeps the case on track.
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November 01, 2024
No New Trial For Akoustis After $39M Trade Secret Case Loss
A federal judge has refused to give Akoustis Technologies Inc. another trial after jurors earlier this year told it to pay wireless company Qorvo Inc. nearly $38.6 million for trade secrets and infringing misappropriating acoustic wave resonator patents.
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November 01, 2024
Boeing Tries Again To End Strike With New Contract Offer
Boeing is hoping the third time's the charm with its latest attempt to end a seven-week strike, asking workers to approve a contract that would raise wages 38% over four years after they rejected two skimpier offers.
Expert Analysis
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How Anti-DEI Bill Could Affect Employers' Diversity Efforts
Sen. J.D. Vance's recently introduced Dismantle DEI Act would substantially limit employers’ ability to implement and promote workplace diversity, equity and inclusion, but there are still steps employers can take to support a diverse workforce, says Peter Ennis at Cozen O’Connor.
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Opinion
Proposed Law Would Harm NYC Hospitality Industry
A recently proposed New York City Law that would update hotel licensing and staff coverage requirements could give the city commissioner and unions undue control over the city's hospitality industry, and harm smaller hotels that cannot afford full-time employees, says Stuart Saft at Holland & Knight.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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Comparing 5 Administrators' Mass Arbitration Procedures
Attorneys at DLA Piper compare the rules for mass arbitrations at five different arbitration providers — Judicial Arbitration and Mediation Services, American Arbitration Association, National Arbitration and Mediation, FedArb and New Era ADR — including their triggers, claim screening procedures, how and when they assess fees, and more.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Calif. Ruling Clarifying Paystub Compliance Is Win For Cos.
In rare good news for California employers, the state Supreme Court recently clarified that workers couldn’t win extra penalties in wage and hour cases by claiming their employer intentionally violated state paystub law if the employer believed it had complied in good faith, say Drei Munar and Kirk Hornbeck at Hunton.
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Considering Noncompete Strategies After Blocked FTC Ban
A Texas district court's recent decision in Ryan v. Federal Trade Commission to set aside the new FTC rule banning noncompetes does away with some immediate compliance obligations, but employers should still review strategies, attend to changes to state laws and monitor ongoing challenges, say attorneys at Baker McKenzie.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Insuring Lender's Baseball Bet Leads To Major League Dispute
In RockFence v. Lloyd's, a California federal court seeks to define who qualifies as a professional baseball player for purposes of an insurance coverage payout, providing an illuminating case study of potential legal issues arising from baseball service loans, say Marshall Gilinsky and Seán McCabe at Anderson Kill.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Preparing For The NLRB's New Union Recognition Final Rule
The National Labor Relations Board's impending new final rule on union recognition puts the employer at a particular disadvantage in a decertification election, and best practices include conducting workplace assessments to identify and proactively address employee issues, say Louis Cannon and Gerald Bradner at Baker Donelson.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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OSHA Workplace Violence Citation Highlights Mitigation Steps
The Occupational Safety and Health Administration's recent citation against behavioral health company Circles of Care sheds light on the enforcement risks companies may face for failing to prevent workplace violence, and is a reminder of the concrete steps that can help improve workplace safety, say attorneys at Benesch.
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From Muppet Heads To OJ's Glove: How To Use Props At Trial
Demonstrative graphics have become so commonplace in the courtroom that jurors may start to find them boring, but attorneys can keep jurors engaged and improve their recall by effectively using physical props at trial, says Clint Townson at Townson Consulting.