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Employment
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April 07, 2025
Grocers Say Colo. AG Can't Fish For More 'No-Poach' Claims
Kroger and Albertsons have accused Colorado's attorney general of going on a "fishing expedition" as they wait for a ruling on a claim that the grocers brokered an illegal "no-poach" agreement during a 2022 grocery store strike, in a motion asking a Colorado state court to quash document requests into a February strike.
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April 07, 2025
DraftKings Eyes 3rd Circ. Review Of MLB Players' Suit Claims
DraftKings has asked a Pennsylvania federal court to allow the Third Circuit to weigh in on key unsettled legal issues in a lawsuit that accuses the organization of using the photos of MLB players without permission, saying a decision in its favor could end the case.
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April 07, 2025
9th Circ. Says Teamsters Didn't Taint UPS Election
Teamsters representatives didn't taint the results of a UPS union representation election by chatting with workers in a warehouse parking lot while the vote went on inside, a Ninth Circuit panel ruled Monday, saying the representatives' "brief conversations with three voters … did not constitute objectionable electioneering or voter intimidation."
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April 07, 2025
Ex-Seton Hall Prez Must Maintain Confidential Info In Leak Suit
A New Jersey state judge ordered Seton Hall University's former president to preserve any proprietary materials he allegedly obtained amid allegations he leaked a confidential internal document that found his successor had failed to report allegations of sexual abuse when the new president headed a Catholic seminary.
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April 07, 2025
Mass. Firm Prevails Over Ex-Attys In Stolen Client Files Saga
A Massachusetts appeals panel has found that a law firm may recoup damages from its former attorneys who are accused of smuggling out client files to start a new shop while still employed, the latest ruling in a yearslong legal battle that has played out across the state's trial, appellate and supreme courts.
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April 07, 2025
Litigation Firms Back Perkins Coie In Suit Over Trump Order
A slew of midsize and small litigation firms took up Perkins Coie LLP's cause in its legal battle against an executive order from President Donald Trump targeting the BigLaw firm, arguing Monday in an amicus brief that the order is "anathema" to the justice system.
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April 07, 2025
Morgan Lewis Employment Pro Joins Ogletree's DC Office
Ogletree Deakins Nash Smoak & Stewart PC has grown its offerings in Washington, D.C., with the addition of a former National Labor Relations Board attorney who joins from Morgan Lewis & Bockius LLP.
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April 07, 2025
Drivers Say Amazon Attys Covertly Contacted Class Members
Amazon's attorneys should be sanctioned for coercing potential collective members in a wage and hour case to provide testimony without properly filling them in on the litigation, delivery drivers told a Washington federal court.
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April 07, 2025
Whole Foods To Settle Bonus Manipulation Suit
Whole Foods has agreed to resolve a lawsuit claiming the grocery chain rigged an employee bonus program to reduce payouts to workers, according to a filing in D.C. federal court.
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April 07, 2025
Littler Wants Out Of Fired Tech Exec's Bias Suit
Littler Mendelson has asked to be cut loose from a former tech company executive's suit claiming the firm and the business worked together to retaliate against her for complaining that her boss made bigoted comments, arguing to a New York federal court that it can't be held liable for the legal advice it provided.
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April 07, 2025
3 Plead To Construction Scheme That Skirted $26M In Taxes
Three Floridians have pled guilty to a fraud scheme that prosecutors said caused more than $26 million in tax losses, bilked insurance companies and helped employ people unauthorized to work in the United States, according to court filings.
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April 07, 2025
NC Doctors Say Fee-Sharing Row Resulted In Pay Cuts
A group of North Carolina anesthesiologists accused their business partners of slashing their monthly compensation in half in retaliation against them for questioning a proposed fee-sharing arrangement, saying the cut allegedly violated the doctors' contracts and breached the partners' fiduciary duty.
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April 07, 2025
Pierson Ferdinand Grows In Ariz. With Fennemore Craig Atty
Pierson Ferdinand LLP announced Monday that it has formally entered the Arizona market by adding a former Fennemore Craig PC director to its roster of Phoenix-based partners.
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April 07, 2025
Woody Allen Resolves Private Chef's Military Leave Suit
Woody Allen struck a deal with his former private chef to resolve his suit accusing the filmmaker of abruptly firing him after he took time off to participate in military exercises as a member of the U.S. Army Reserve, a filing in New York federal court said.
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April 07, 2025
Texas County Settles Atty's Disability Suit On Eve Of Trial
A Texas federal court tossed an attorney's suit accusing Harris County, Texas, of failing to accommodate his leave requests and instead punishing him with a negative performance review after the parties said they reached a deal ahead of trial.
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April 07, 2025
Full DC Circ. Lifts Pause On NLRB, MSPB Reinstatements
The full D.C. Circuit on Monday lifted a March panel decision pausing the reinstatement of National Labor Relations Board and Merit Systems Protection Board members that President Donald Trump fired, saying U.S. Supreme Court precedent blessing limitations on the president's ability to fire agency officials still stands.
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April 08, 2025
Justices Skip Fruit Art, Abandoned TM And Sentence Petitions
The U.S. Supreme Court on Monday declined petitions regarding the standard for considering whether unregistered trademarks are abandoned in a case involving T-Mobile, a copyright dispute over fruit taped to walls as part of an art installation, and sentencing guidelines in the theft of trade secrets belonging to General Electric.
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April 07, 2025
High Court Won't Hear Case On Employee Status Of Inmates
The U.S. Supreme Court declined on Monday to review a Fourth Circuit opinion finding that inmates working at a Baltimore County, Maryland, recycling facility might be covered by the Fair Labor Standards Act and entitled to minimum wages.
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April 05, 2025
Whistleblowers Fired By Paxton Get $6.68M
A Travis County judge on Friday awarded four of Texas Attorney General Ken Paxton's former deputies $6.68 million, ending their claims that they were fired in retaliation for reporting alleged abuses to the FBI.
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April 04, 2025
Defamation Litigation Roundup: Jay-Z, Blake Lively, Drake
In this month's review of ongoing defamation fights, Law360 looks back on an escalation in Jay-Z's case against personal injury lawyer Tony Buzbee, who he accuses of pursuing a "false" and "malicious" rape suit, as well as on the war of words between actors Justin Baldoni and Blake Lively.
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April 04, 2025
Employment Authority: Trump EO On Federal Union Contracts
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with an analysis of President Donald Trump's recent executive order aiming to halt collective bargaining between federal agencies and unions, coverage on guidance from the U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice on employers' using so-called diverse slates and a look at how Trump's solicitor of labor nominee assisted in writing policy recommendations for Project 2025.
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April 04, 2025
6th Circ. Says Fiat Chrysler Engineers' Claims Are Preempted
The Sixth Circuit said Friday that federal law bars Fiat Chrysler engineers from pursuing state-based claims alleging they lost wages and benefits after being transferred in connection to an illicit bribery scheme involving former United Auto Workers officials and company executives.
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April 04, 2025
Airport Staffing Co. Hit With Colo. Holiday Overtime Pay Suit
Two Colorado residents who worked at the Denver International Airport have sued the staffing company that employed them, accusing it in state court of shorting them on overtime by failing to factor in their holiday incentive pay.
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April 04, 2025
HHS Drops 11th Circ. Fight Over ACA Trans Rule Freeze
The U.S. Department of Health and Human Services agreed to drop its bid to overturn an order blocking it from enforcing regulations that extend the Affordable Care Act's anti-discrimination provisions to transgender individuals against Florida organizations, according to filings with the Eleventh Circuit.
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April 04, 2025
11th Circ. Told Worker Was Illegally Fired Over Anti-Gay Article
A former Miami-Dade County employee on Friday urged the Eleventh Circuit to reinstate his lawsuit alleging he was illegally fired for authoring a transphobic and anti-gay blog post on his own time, saying a policy prohibiting the publication of offensive statements is constitutionally overbroad and violates his First Amendment rights.
Expert Analysis
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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.
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Jurisdiction Argument In USAID Dissent Is Up For Debate
A dissent refuting the U.S. Supreme Court’s recent order directing the U.S. Agency for International Development to pay $2 billion in frozen foreign aid argued that claims relating to already-completed government contract work belong in the U.S. Court of Federal Claims – answering an important question, but with a debatable conclusion, says Steven Gordon at Holland & Knight.
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How Importers Can Minimize FCA Risks Of Tariff Mitigation
False Claims Act risks are inherent in many tariff mitigation strategies, making it important for importers to implement best practices to identify and report potential violations of import regulations before they escalate, says Samuel Finkelstein at LMD Trade Law.
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Explaining CFPB's Legal Duties Under The Dodd-Frank Act
While only Congress can actually eradicate the Consumer Financial Protection Bureau, the Trump administration has sought to significantly alter the agency's operations, so it's an apt time to review the minimum baseline of activities that Congress requires of the CFPB in Title X of the Dodd-Frank Act, say attorneys at Bradley Arant.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Employer Tips To Navigate Cultural Flashpoints Investigations
As companies are increasingly flooded with complaints of employees violating policies related to polarizing social, cultural or political issues, employers should beware the distinct concerns and increased risk in flashpoints investigations compared to routine workplace probes, say attorneys at Seyfarth.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Class Actions At The Circuit Courts: March Lessons
In this month's review of class actions appeals, Mitchell Engel at Shook Hardy discusses three federal appellate court decisions and identifies practice tips from cases involving antitrust allegations against coupon processing services, consumer fraud and class action settlements.
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A Path Forward For Employers, Regardless Of DEI Stance
Whether a company views the Trump administration's executive orders ending diversity, equity and inclusion programs as a win or a loss, the change rearranges the employment hazards companies face, but not the non-DEI and nondiscriminatory economic incentive to seek the best workers, says Daniel S. Levy at Advanced Analytical Consulting Group.