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Employment
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May 22, 2025
2nd Circ. Won't Revive Court Interpreters' Pay Bias Suit
The Second Circuit on Thursday declined to reinstate a lawsuit from New York court interpreters alleging they are paid less than their federal counterparts because they are foreign born, saying the workers failed to show the state's court system acted with discriminatory intent.
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May 22, 2025
Atlanta Strip Clubs Push To DQ Attys For Dancer And Manager
Two Atlanta strip clubs facing allegations that they stiffed workers on their pay called for the employees' counsel to be disqualified on Wednesday, arguing that the attorneys can't simultaneously represent both a dancer and a supervisor who effectively operated as an employer and agent of the clubs.
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May 22, 2025
Mass. Justices Say Worker's Raise Doesn't Doom Bias Claim
Massachusetts' top court on Thursday found that an employer may still face a discrimination claim for an alleged retaliatory action for union activity, even if the move left the worker with a pay bump.
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May 22, 2025
Mass. Judge Halts Trump's Bid To Slash Education Dept. Jobs
A Massachusetts federal judge on Thursday blocked President Donald Trump's attempt to lay off hundreds of U.S. Department of Education employees, finding that the administration's claims of wanting more efficiency are a mask for their actual goal of dismantling the department.
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May 21, 2025
Littler, Tech Exec Settle Suit Over Firm's 'Unlawful' Advice
Littler Mendelson PC has settled a tech executive's lawsuit claiming she was suspended and, eventually, fired after the company followed the "unlawful" advice of Littler attorneys, according to a dismissal order issued Tuesday in New York federal court.
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May 21, 2025
Calif. Justices Weigh Strict Arbitration Fee Law's Validity
Counsel for a food supply company urged the California Supreme Court on Wednesday to find the Federal Arbitration Act preempts a state statute automatically waiving arbitration rights for a party that doesn't timely pay arbitration fees, saying the law is so draconian that even an earthquake wouldn't excuse late payment.
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May 21, 2025
Colo. Judge Rules Atty Hid Assets To Evade Azar Judgment
A Colorado state judge has found that a former class action department head at Franklin D. Azar & Associates PC fraudulently transferred assets to her husband and parents to evade the firm's collection of a $1.2 million judgment for her efforts to market the department to other law firms.
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May 21, 2025
Judge Mulls National Scope Of Bid To Restore COVID Grants
A Washington, D.C., federal judge Wednesday mulled whether it would be appropriate to issue a nationwide injunction blocking the termination of $11 billion public health grants set aside under COVID-era laws in a lawsuit brought by four local governments and a public sector union.
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May 21, 2025
DraftKings Denied 3rd Circ. Review In MLB Players' IP Case
A Pennsylvania judge on Wednesday denied a request from DraftKings Inc. to appeal to the Third Circuit the lower court's refusal to dismiss an intellectual property lawsuit that accuses the company of using players' images without permission, saying the issues raised are not appropriate for immediate appeal.
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May 21, 2025
Atty's Silence Dooms FMLA Claims Against Va. City
A Virginia city is off the hook in an attorney's lawsuit claiming he was fired after requesting leave to care for his mother, a federal court ruled Wednesday, finding the attorney's failure to respond to the city's filings requires his claims be dismissed.
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May 21, 2025
FCC's Carr Clashes With Dems Over Verizon DEI Deal
Congressional Democrats grilled the Federal Communications Commission's chief Wednesday about the legal basis for targeting diversity, equity and inclusion programs at Verizon, days after the wireless giant agreed to drop DEI initiatives amid its takeover of Frontier Communications.
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May 21, 2025
CPSC Members Take Trump To Court Over Firings
The three Democrats on the Consumer Product Safety Commission have followed up on their threat to file suit over President Donald Trump's attempts to fire them, saying that the president is breaking the law and that they have been barred from doing their jobs without cause.
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May 21, 2025
Atty, Firm Sanctioned For Losing Info In RICO, Defamation Suits
An Alabama federal judge granted Drummond Co. Inc.'s request for sanctions over missing emails and other information in litigation accusing Conrad & Scherer LLP and one of its former managing partners of defamation and RICO violations.
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May 21, 2025
Court Won't Budge On Player's Eligibility Until 6th Circ. Acts
A Tennessee federal judge on Wednesday refused to reconsider a University of Tennessee baseball player's request for an injunction that would pause the NCAA's eligibility restrictions on junior college transfers, saying he will have to wait for a Sixth Circuit decision in a similar antitrust lawsuit.
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May 21, 2025
Ky. Judge Nixes Treasury's Bid To End Labor Contracts
The U.S. Department of the Treasury lacks standing to seek an order allowing it to lawfully terminate its labor contracts with a federal employee union, a Kentucky federal judge ruled, finding the agency's alleged harm is based on speculation about the potential consequences of enforcing an executive order.
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May 21, 2025
DOGE Seeks High Court's Help In Ducking FOIA Discovery
The Department of Government Efficiency asked the U.S. Supreme Court on Wednesday to halt discovery into whether it's an agency subject to Freedom of Information Act requests, arguing a Washington, D.C., federal judge has improperly authorized a "fishing expedition" into the internal workings of a presidential advisory entity.
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May 21, 2025
Cannabis Sellers Win Fight Against Oregon Labor Peace Law
An Oregon federal judge shot down a state law that required cannabis growers to sign agreements with labor unions before they could get licensed to sell, saying the United for Cannabis Workers Act is preempted by the National Labor Relations Act.
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May 21, 2025
Appliance Co. Says Sanctions Bid Unjust After EEOC Missteps
An appliance retailer has told a Colorado federal judge that the U.S. Equal Employment Opportunity Commission shouldn't be granted sanctions over unredacted medical records that were publicly filed, arguing that the agency has repeatedly made the same mistake in the disability bias lawsuit.
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May 21, 2025
Democracy Forward Adds Another Ex-DOJ Hand
Legal advocacy group Democracy Forward has added a former deputy associate U.S. attorney general and co-chair of the Supreme Court and appellate practice at WilmerHale to its ranks of former U.S. Department of Justice litigators.
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May 21, 2025
Conn. Public Defender Watchdog Wants Chief's Firing Upheld
Connecticut's Public Defender Services Commission said in a state court brief that it was "significant misconduct," not racial bias, that caused it to fire the chief public defender, arguing the June 2024 firing came after a litany of complaints and a lengthy pattern of wrongdoing.
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May 21, 2025
NYC Hotel, EEOC Ink Deal In ADA Suit Over Knee Condition
A hotel and members club in New York City will pay $100,000 to end a U.S. Equal Employment Opportunity Commission suit alleging it refused to provide a reasonable accommodation to a worker with a disability and then fired her, according to a federal court filing.
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May 20, 2025
Ex-Emory Prof Says Palestine Support Led To 'Brazen' Ouster
A former professor at Emory University's medical school has sued the university, alleging that she was ousted in 2023 for her social media posts in support of Palestinians, claiming she was the victim of a smear campaign coordinated between the university and outside groups akin to "modern-day McCarthyism."
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May 20, 2025
Cigna Accused Of Mismanaging Retirement Plan Funds
Cigna has been unlawfully putting its own interests above those of a 401(k) plan's participants by using forfeited plan funds to reduce company contributions, despite experiencing "significant financial performance," a putative class action filed Tuesday in Pennsylvania federal court alleges.
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May 20, 2025
Split 5th Circ. Clears Ex-Texas Tech Dean In Free Speech Suit
A split Fifth Circuit panel ruled Tuesday that the qualified immunity doctrine shields a former Texas Tech University business school dean from First Amendment claims brought by a professor who alleged he was retaliated against for his anti-tenure views, while a dissenting judge criticized the majority for their truncated qualified-immunity analysis.
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May 20, 2025
Venezuelan Nationals' RICO Suit Asserting Defamation Tossed
A Florida federal judge has dismissed racketeering and other claims against a director of Venezuela's state-owned oil company and others after determining that the suit accusing them of engaging in a defamatory campaign to smear civic leaders is a shotgun pleading.
Expert Analysis
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In-House Expert Testimony Is Tricky, But Worth Considering
Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.
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Issues To Watch At ABA's Antitrust Spring Meeting
Attorneys at Freshfields consider the future of antitrust law and competition enforcement amid agency leadership changes and other emerging developments likely to dominate discussion at the American Bar Association's Antitrust Spring Meeting this week.
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Tracking Changes To AI Evidence Under Federal Rules
As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.
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Navigating The Use Of AI Tools In Workplace Investigations
Excerpt from Practical Guidance
Artificial intelligence tools can be used in workplace investigations to analyze evidence and conduct interviews, among other things, but employers should be aware of the legal and practical risks, including data privacy concerns and the potential for violating antidiscrimination laws, say attorneys at Fisher Phillips.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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NLRB Firing May Need Justices' Input On Removal Power
President Donald Trump's unprecedented removal of National Labor Relations Board member Gwynne Wilcox spurred a lawsuit that is sure to be closely watched, as it may cause the U.S. Supreme Court to reexamine a 1935 precedent that has limited the president's removal powers, say attorneys at Kelley Drye.
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Trade Policy Shifts Raise Hurdles For Gov't And Cos. Alike
The persistent tension between the Trump administration's fast-moving and aggressive trade policies and the compliance-heavy nature of the trade industry creates implementation challenges for both the business community and the government, says Sara Schoenfeld at Kamerman.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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DOJ Immigration Playbook May Take Cues From A 2017 Case
A record criminal resolution with a tree trimming company accused of knowingly employing unauthorized workers in 2017 may provide clues as to how the U.S. Department of Justice’s immigration crackdown will touch American companies, which should prepare now for potential enforcement actions, says Jonathan Porter at Husch Blackwell.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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How Justices Rule On Straight Bias May Shift Worker Suits
Following oral argument at the U.S. Supreme Court in Ames v. Ohio Department of Youth Services, in which a heterosexual woman sued her employer for sexual orientation discrimination, the forthcoming decision may create a perfect storm for employers amid recent attacks on diversity, equity and inclusion, say attorneys at Proskauer.
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Rebuttal
6 Reasons Why Arbitration Offers Equitable Resolutions
Contrary to a recent Law360 guest article, arbitration provides numerous benefits to employees, consumers and businesses alike, ensuring fair and efficient dispute resolution without the excessive fees, costs and delays associated with traditional litigation, say attorneys at Proskauer.
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PG&E Win Boosts Employers' Defamation Defense
A California appeals court's recent Hearn v. PG&E ruling, reversing a $2 million verdict against PG&E related to an ex-employee’s retaliation claims, provides employers with a stronger defense against defamation claims tied to termination, but also highlights the need for fairness and diligence in internal investigations and communications, say attorneys at Kaufman Dolowich.