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Employment
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April 09, 2025
Florida Won't Hire Law Firms With DEI Initiatives, AG Says
The state of Florida will no longer hire law firms with diversity, equity and inclusion programs to serve as outside general counsel, according to a new memo from Attorney General James Uthmeier.
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April 09, 2025
Roberts Pauses Rehiring Of Fired NLRB, MSPB Members
Chief Justice John Roberts temporarily paused an en banc D.C. Circuit's order reinstating two fired members of the National Labor Relations Board and the Merit Systems Protection Board on Wednesday, in a dispute that challenges a 90-year-old U.S. Supreme Court ruling protecting certain government officials from presidential removal.
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April 09, 2025
Female Teachers Must Identify Specific Men In Pay Bias Case
A Pennsylvania federal judge on Wednesday refused to grant a posttrial win to two female teachers who accused a school district of paying women less than men and told the women to identify more specific male counterparts for the forthcoming second trial.
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April 09, 2025
Ex-Qualcomm Executive Convicted Of $180M Fraud
A federal jury in San Diego has found a former executive at Qualcomm guilty of defrauding the chipmaker by creating a fake company, concealing his connection to it and selling it to Qualcomm for $180 million.
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April 09, 2025
5th Circ. Backs LSU's Win In Fired Director's Retaliation Suit
The Fifth Circuit said an ex-football director for Louisiana State University isn't owed a new trial in her suit claiming she was fired for complaining that an assistant coach exposed himself to her, saying she couldn't overcome the university's position that a new head coach just wanted to clean house.
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April 09, 2025
5th Circ. Pauses Contractor Rule Challenge Amid DOL Review
The Fifth Circuit halted a group of companies' challenge to a Biden-era independent contractor rule determining workers' classification under the Fair Labor Standards Act after the U.S. Department of Labor said it was reconsidering the rule.
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April 09, 2025
Dinsmore Labor Duo Moves On To Greenspoon Marder
Greenspoon Marder LLP has hired a labor and employment duo from Dinsmore & Shohl LLP, which they had joined in December after leaving a firm that one of them helped launch in 2022, the firm has announced.
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April 09, 2025
Mortgage Lender Misclassifies Underwriters, Worker Says
A mortgage lender unlawfully classifies underwriters as exempt from earning overtime pay despite their job duties not falling under the requirements to warrant exemption, according to a proposed class and collective action filed in Georgia federal court.
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April 09, 2025
Ex-EEOC Member Sues Trump Alleging Illegal Firing
Former EEOC Commissioner Jocelyn Samuels sued President Donald Trump's administration in D.C. federal court Wednesday, saying that her January firing was unlawful and that she is seeking reinstatement.
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April 08, 2025
Jay-Z 'Trying To Punish' Buzbee For Advocacy, Judge Told
Counsel for personal injury lawyer Tony Buzbee urged a California state judge on Tuesday to shut down Shawn "Jay-Z" Carter's extortion and defamation suit over now-dismissed rape claims, saying the rapper is "a well-funded, powerful figure who's trying to punish lawyers who do what lawyers do."
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April 08, 2025
Pa. Justices Probe Limits To Workers' Comp Immunity
Pennsylvania's Supreme Court questioned the fairness of state law offering broad immunity from liability to co-workers in workers' compensation cases, especially when injuries stemmed from acts that weren't immediately part of the job, as a company co-owner argued Tuesday that the "straightforward" language in the law gives him that protection.
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April 08, 2025
Calif. Panel Wipes Professor's $10M Sex Harassment Verdict
A California state appeals court on Monday reversed a former professor's $10 million sexual harassment jury verdict due to improper evidence let in by a judge who later made "extreme and bizarre" comments relating to race and was disqualified from the case.
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April 08, 2025
Northwestern Players Approaching Settlement In Hazing Suits
A group of Northwestern University football players have reached a provisional settlement with the school over accusations related to alleged hazing that took place within the program over a period of time.
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April 08, 2025
Ex-Google Engineer Unlikely To Beat AI Trade Secrets Charges
A California federal judge indicated Tuesday that he's unlikely to toss economic espionage charges against an ex-Google engineer accused of stealing artificial intelligence trade secrets to benefit startups in China, but said he "can't shake the feeling" that prosecutors wouldn't have brought the case if it involved a different country.
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April 08, 2025
Unions Request Halt To Trump EO Aiming To End Bargaining
Six unions asked a California federal court to block the Trump administration from imposing an executive order that would ax collective bargaining agreements at federal agencies that have "national security" aims, arguing the unions are likely to win on their claims that the government is committing constitutional violations.
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April 08, 2025
2nd Circ. Hints Healthcare Co. Is Bound To $1.3M OT Deal
A Connecticut company could be bound by a plan to settle class action overtime wage claims for $1.34 million despite attempting to back out of an unsigned settlement agreement and hiring new counsel several months later, a Second Circuit panel hinted on Tuesday.
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April 08, 2025
Whistleblower Suit Must Be Tossed Or Transferred, Pot Co. Says
Jushi Holdings Inc., a retail cannabis company, is urging an Illinois federal court to dismiss or transfer to Florida a former executive's suit alleging that he was fired for attempting to bring facilities into compliance with safety standards.
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April 08, 2025
Houston Atty Asks Court To Back $6.3M Verdict Against Rival
A Houston attorney urged a Texas appellate court Monday to back a $6 million verdict against a rival lawyer he accused of stealing his files in an attempt to recruit clients to file malpractice suits.
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April 08, 2025
Small But Sharp Hurdles Remain To NCAA's NIL Settlement
Nearly a year after the NCAA and hundreds of thousands of athletes agreed on a settlement that would finally give athletes a share of billions of dollars in revenue, enough flaws remain in the agreement — related to roster limits and the rights of future athletes entering the new system — to indefinitely hold off on its final approval.
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April 08, 2025
Starbucks Tears Into Missouri AG's 'Defective' DEI Lawsuit
Starbucks urged a Missouri federal judge to toss a suit from the state's attorney general claiming the company employs diversity quotas that discriminate against white and male applicants, arguing the state hasn't presented any evidence that its diversity, equity and inclusion policies have negatively affected Missourians.
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April 08, 2025
9th Circ. To Hear Remaining AB 5 Challenge
A Ninth Circuit panel is set to hear arguments Wednesday in likely the last ongoing high-profile challenge to California's Assembly Bill 5, leaving a potential path to striking down the independent contractor classification law's application to the trucking industry.
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April 08, 2025
Boston Pol To Resign After Admitting Kickback Scheme
A Boston city councilor said Tuesday she will resign from her position, after agreeing to plead guilty to using taxpayer funds in a bonus-kickback scheme that involved a secretive $7,000 cash handoff in a City Hall bathroom.
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April 08, 2025
Hearing On Players' Rights Yields Call To 'Get The NCAA Out'
A congressional hearing Tuesday on the future of college sports under labor law mostly retread the same debates over athletes unionizing, though one Republican lawmaker's call to "get the [National Collegiate Athletic Association] out" drew attention from the other side of the aisle.
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April 08, 2025
2nd Circ. Sinks Marital Bias Suit From Wendy Williams' Ex
The Second Circuit reversed a win Tuesday for the ex-husband of television personality Wendy Williams in his suit claiming he lost his producer gig after Williams asked him for a divorce, issuing a ruling that clarified the scope of New York City's marital bias law.
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April 08, 2025
Tax-Dodging Ex-Software Exec Denied Bond Pending Appeal
A former software executive sentenced to a year in prison for failing to pay over $600,000 in employment taxes in the years before his company failed cannot remain free on bond while he appeals his conviction, a North Carolina federal judge said Tuesday.
Expert Analysis
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Weathering Policy Zig-Zags In Gov't Contracting Under Trump
To succeed amid the massive shift in federal contracting policies heralded by President Donald Trump's return to office, contractors should be prepared for increased costs and enhanced False Claims Act enforcement, and to act swiftly to avail themselves of contractual remedies, says Jacob Scott at Smith Currie.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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2 Areas Of Labor Law That May Change Under Trump
Based on President Donald Trump's recent moves, employers should expect to see significant changes in the direction of law coming out of the National Labor Relations Board, particularly in two areas where the Trump administration will seek to roll back the Biden NLRB's changes, says Daniel Johns at Cozen O’Connor.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Justices' Revival Ruling In Bias Suit Exceeds Procedural Issue
The U.S. Supreme Court's recent ruling in Waetzig v. Halliburton allowed the plaintiff in an age discrimination lawsuit to move to reopen his case after arbitration, but the seemingly straightforward decision on a procedural issue raises complex questions for employment law practitioners, says Christopher Sakauye at Dykema.
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Bid Protest Spotlight: Prejudice, Injunctions, New Regulations
In this month's bid protest roundup, Markus Speidel at MoFo looks at three recent decisions that consider whether a past performance evaluation needs to show prejudice to be successfully challenged, the prerequisites for injunctive relief and the application of new regulatory requirements to indefinite-delivery, indefinite-quantity contracts.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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How To Create A Unique Jury Profile For Every Case
Instead of striking potential jurors based on broad stereotypes or gut feelings, trial attorneys should create case-specific risk profiles that address the political climate, the specific facts of the case and the venue in order to more precisely identify higher-risk jurors, says Ken Broda-Bahm at Persuasion Strategies.
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9 Considerations For Orgs Using AI Meeting Assistants
When deciding to use artificial intelligence meeting assistants, organizations must create and implement a written corporate policy that establishes the do's and don'ts for these assistants, taking into account individualized business operations, industry standards and legal and regulatory requirements, say attorneys at Faegre Drinker.
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IRS Scrutiny May Underlie Move Away From NIL Collectives
The University of Colorado's January announcement that it was severing its partnership with a name, image and likeness collective is part of universities' recent push to move NIL activities in-house, seemingly motivated by tax implications and increased scrutiny by the Internal Revenue Service, say attorneys at Buchanan Ingersoll.
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What's At Stake In High Court Transgender Care Suit
The outcome of U.S. v. Skrmetti will have critical implications for the rights of transgender youth and their access to gender-affirming care, and will likely affect other areas of law and policy involving transgender individuals, including education, employment, healthcare and civil rights, say attorneys at ArentFox Schiff.
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Considerations As Trump Admin Continues To Curtail CFPB
Recent sweeping moves from the Consumer Financial Protection Bureau's new leadership have signaled a major shift in the agency's trajectory, and regulated entities should prepare for broader implications in both the near and long term, say attorneys at Pryor Cashman.
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6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'
The U.S. Supreme Court’s Loper Bright ruling created a twilight zone between express statutory delegations that trigger agency deference and implicit ones that do not, but the Sixth Circuit’s recent ruling in Moctezuma-Reyes v. Garland crafted a two-part test for resolving cases within this gray area, say attorneys at Wiley.
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NCAA Rulings Signal Game Change For Athlete Classification
A Tennessee federal court's recent decision in Pavia v. NCAA adds to a growing call to consider classifying college athletes as employees under federal law, a change that would have unexpected, potentially prohibitive costs for schools, says J.R. Webster Cucovatz at Gilson Daub.
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6 Laws Transforming Calif.'s Health Regulatory Framework
Attorneys at Hooper Lundy discuss a number of new California laws that raise pressing issues for independent physicians and small practice groups, ranging from the use of artificial intelligence to wage standards for healthcare employees.