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Employment
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April 09, 2025
Oracle Inks $15.5M Deal In Sales Representatives' PAGA Suit
Oracle America will pay $15.5 million to over 5,000 current and former sales representatives who filed a Private Attorneys General Act case in California state court alleging Oracle delayed commission payments, bringing the decade-long wage fight closer to its end, according to a settlement agreement announced Wednesday.
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April 09, 2025
9th Circ. Judge Says New AB 5 Args 'More Nails In The Coffin'
A Ninth Circuit judge appeared skeptical Wednesday of a renewed challenge to California's A.B. 5 independent contractor test bought by a trucking association, telling an attorney his client's previous arguments were "better before" and the new ones may just be "more nails in the coffin."
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April 09, 2025
Split 11th Circ. Denies Rehearing In Ga. Tech Title IX Case
A sharply divided Eleventh Circuit refused Tuesday to grant a full-court rehearing of a panel decision ending a sex discrimination suit from Georgia Tech's longtime women's basketball coach, prompting a rebuke from the court's Democratic-appointed judges who said the court has "just failed to learn the lesson" that educators deserve a right of action under Title IX.
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April 09, 2025
Hollywood Filmmaker Receives $1.7B Sex Assault Verdict In NY
A New York state jury held Wednesday that Oscar-nominated screenwriter and director James Toback must pay $1.68 billion to 40 women he sexually assaulted over the course of four decades, according to an announcement from the victims' lawyers.
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April 09, 2025
Justice Explores 'Reasonableness' In Worker Contract Case
Michigan's Supreme Court on Wednesday weighed the possibility of reintroducing a judicial test — abolished 20 years ago — to consider whether employment contracts that shorten the time frame within which a worker can sue are reasonable as an employee urged a finding that such contract terms weaken workers' civil rights protections.
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April 09, 2025
Furniture Co. Will Pay $1.5M Over PPP Loan Fraud Charge
A North Carolina leather furniture supplier has agreed to a nearly $1.5 million deal ending government claims that it used manipulated payroll numbers to meet requirements for loan forgiveness under the COVID-era federal Payment Protection Program.
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April 09, 2025
Revived Burger King No-Poach Case Survives Dismissal
A Florida federal judge Wednesday denied Burger King's bid to toss proposed class action claims over the fast-food chain's past use of no-poach provisions in its franchise agreements, finding the workers' antitrust and fraud claims could proceed.
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April 09, 2025
AIG Unit Seeks $3.7M Clawback In Whistleblower Murder Row
A tree service company, subsidiary and certain former employees can't be covered in two civil suits alleging an employee was murdered for reporting the company's use of undocumented labor, an AIG unit told an Ohio federal court, seeking nearly $3.7 million in coverage reimbursement.
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April 09, 2025
Mass. Justices Asked To Raise Bar For Pension, Benefit Loss
Massachusetts' highest court was asked on Wednesday to adopt a more expansive interpretation of what constitutes cruel or unusual punishment or an excessive fine in the case of a former state trooper whose $1 million public pension and healthcare benefits were forfeited after his conviction in an overtime fraud case.
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April 09, 2025
Apple Agrees To Revise Some Worker Policies In NLRB Deal
Apple will revise some parts of its confidentiality agreement and other worker policies as part of an unfair labor practice settlement at the National Labor Relations Board, according to the deal, which requires the tech giant to put up a post indefinitely on a public-facing website.
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April 09, 2025
Tire Co. In Talks With EEOC To Resolve Harassment Case
The owner of a Massachusetts scrap tire facility and the U.S. Equal Opportunity Employment Commission are in the process of drafting an agreement to resolve allegations that Hispanic workers faced harassment and threats on the job, then were fired in retaliation for striking, according to a Wednesday filing.
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April 09, 2025
LA DA Demoted Prosecutors Over Menendez Work, Suits Say
The Los Angeles County District Attorney's Office has been sued by two former top prosecutors who say they were demoted in retaliation for advocating to have Erik and Lyle Menendez released from prison after serving more than 35 years for murder.
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April 09, 2025
Home Health Co. Fails To Pay Aides' Travel Time, Worker Says
A home healthcare company requires aides to travel to various patients' homes throughout their workdays but fails to compensate them for this time spent traveling, a proposed class and collective action filed Wednesday in Ohio federal court said.
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April 09, 2025
Twitter Seeks To Strike Arbitrations In Severance Fight
Fifteen individual arbitration awards don't add anything to workers' claims seeking additional severance payments from X, the social media platform argued, urging a Delaware federal court to strike them from the docket.
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April 09, 2025
Judge Lets NIL Fraud Suit Against UF Boosters Move Forward
A Florida federal judge on Tuesday declined to dismiss the lawsuit of college quarterback Jaden Rashada, who accused University of Florida boosters of luring him with fraudulent promises that cost him a deal with another school, saying his claims of fraud and negligence are detailed enough to proceed.
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April 09, 2025
Seattle Hospital Agrees To Pay $16M To End Meal Break Suit
Seattle Children's Hospital has agreed to pay $16 million to settle a proposed class action brought by hospital workers who say they were denied required meal breaks in violation of Washington wage and hour laws.
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April 09, 2025
Trial Court Too Tough On Laundromat Bias Suit, 2nd Circ. Says
The Second Circuit reinstated a Black laundromat worker's suit claiming she was fired for complaining that her supervisor made racist comments and for requesting working adjustments due to a broken thumb, ruling Wednesday a lower court improperly tanked the case based on her "self-serving" testimony.
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April 09, 2025
Ga. Beverage Co. Worker Says Pregnancy Got Her Fired
A former operations manager for a Georgia commercial beverage service company sued the company for pregnancy discrimination Tuesday, making good on an alleged invitation by her boss to "file a claim" if she had a problem with her abrupt firing last year.
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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.
Expert Analysis
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TikTok Bias Suit Ruling Reflects New Landscape Under EFAA
In Puris v. Tiktok, a New York federal court found an arbitration agreement unenforceable in a former executive's bias suit, underscoring an evolving trend of broad, but inconsistent, interpretation of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, say attorneys at Williams & Connolly.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Key Takeaways From The 2025 Spring Antitrust Meeting
Leadership changes, shifting priorities and evolving enforcement tools dominated the conversation at the recent American Bar Association Spring Antitrust Meeting, as panelists explored competition policy under a second Trump administration, agency discretion under the 2023 merger guidelines and new frontiers in conduct enforcement, say attorneys at Freshfields.
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Running A Compliant DEI Program After EEOC, DOJ Guidance
Following recent guidance from the U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice that operationalized the Trump administration's focus on ending so-called illegal DEI, employers don't need to eliminate DEI programs, but they must ensure that protected characteristics are not considered in employment decisions, say attorneys at Holland & Knight.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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NWSL's $5M Player Abuse Deal Shifts Standard For Employers
The National Women's Soccer League's recent $5 million settlement addressing players' abuse allegations sends a powerful message to leagues, entertainment entities and employers everywhere that employee safety, accountability and transparency are no longer optional, say attorneys at Michelman & Robinson.
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Mass. AG Emerges As Key Player In Consumer Protection
Through enforcement actions and collaborations with other states — including joining a recent amicus brief decrying the defunding of the Consumer Financial Protection Bureau — Massachusetts Attorney General Andrea Campbell has established herself as a thought leader for consumer protection and corporate accountability, say attorneys at Troutman Pepper.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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What To Know About Restrictions On Former Federal Workers
Excerpt from Practical Guidance
Amid reductions to the federal workforce, agency counsel should be mindful that workers who are leaving government employment will still be covered by federal ethics restrictions upon their departure, including recusal requirements and temporary and permanent bans, says Rex Iacurci at LexisNexis.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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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.