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Employment
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April 02, 2025
CVS Asserts DOJ's Opioid Prescription Suit Lacks Facts
CVS Pharmacy Inc. has told a Rhode Island federal judge that most of the U.S. Department of Justice's claims that it knowingly filed invalid prescriptions for opioids should be tossed, saying the agency failed to adequately allege the company willfully put profits over safety.
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April 02, 2025
At AI Hearing, House Lawmakers Seek Regulatory Balance
Lawmakers on the House Judiciary Committee grappled with how antitrust regulators should approach the artificial intelligence industry Wednesday, with Republicans and industry advocates warning that heavy-handed enforcement could thwart America's lead in the industry and Democrats wondering what had changed from when AI leaders sought more governmental guardrails.
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April 02, 2025
Environmental Cleanup Co. Seeks Refund For Retention Credit
The Internal Revenue Service owes an Alabama company that does environmental cleanup work a $3.1 million tax refund, the company told a federal district court, arguing that one of its employee retention tax credit claims was wrongfully denied.
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April 02, 2025
Amazon Worker Can't File Amended Military Leave Suit
It's too late for a former Amazon employee to add a claim that the company put up barriers for workers requesting active duty leave in her suit accusing the commerce giant of failing to fully provide the paid leave for service member employees, a New York federal judge ruled.
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April 02, 2025
Amazon Delivery Partner Faces Wage, Breaks Suit In Calif.
An Amazon delivery service partner offering delivery and assembly of large items didn't pay employees for all hours worked, violated rest breaks law and paid just $5 per pay period to cover their cellphone expenses, according to a proposed class action in California state court.
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April 02, 2025
Fintech Execs Want $2M Award Confirmed For 'Nonperformer'
A trio of financial technology executives asked a Connecticut state judge to confirm a $2 million arbitration award in favor of another executive they say they pushed out for being a "chronic nonperformer" who failed to negotiate the terms of his exit in good faith.
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April 02, 2025
Ex-Bank VP's Defamation Claims Dismissed By NJ Panel
A former Pennsylvania bank vice president's claims of retaliation, defamation and trade libel were properly tossed by a New Jersey trial court that found the bank's statement that she had engaged in criminal behavior was substantially true even though she was never convicted of a crime, a state appellate panel said in a published opinion.
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April 02, 2025
Cal State Again Escapes Professor's Reimbursement Suit
California State University does not have to foot the bill for the computer a biology professor purchased at the onset of the COVID-19 pandemic, a state panel said, finding the state's Legislature intended for public entity employers to be exempt from laws mandating workers be reimbursed for business expenses.
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April 02, 2025
'Ashamed' COVID Fraudster Asks To Keep Firefighter Pension
A former West Haven, Connecticut, municipal employee testified Wednesday that he is "ashamed" of stealing tens of thousands of dollars of COVID-19 relief money from the city, but he is asking a state court judge to prevent the attorney general's office from docking or revoking the pension that he separately earned as a New Haven firefighter.
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April 02, 2025
Ex-Kirkland Atty To Drop Bias Suit, Appeal Atty Firing Ruling
A former Kirkland & Ellis LLP intellectual property associate is expected to drop her claims against the law firm and related defendants, while also appealing a ruling that precluded her from firing her attorney in the case, the parties told a California federal court Tuesday.
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April 02, 2025
Ogletree Opens Kentucky Office With Boutique Attys
Ogletree Deakins Nash Smoak & Stewart PC, a big law firm representing employers in labor and employment disputes, is opening a Lexington, Kentucky, office and has hired the two leaders of a Kentucky boutique law firm with experience in representing mining companies.
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April 02, 2025
Pipe Inspector's Pay Wasn't A Salary, 6th Circ. Rules
An employment agency didn't calculate a pipe inspector's pay on a salary basis but rather calculated his compensation daily, a split Sixth Circuit panel ruled, flipping a Tennessee federal court's decision deeming him overtime-exempt under the Fair Labor Standards Act.
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April 02, 2025
Insurer Gets Education Co.'s $2.2M Theft Coverage Bid Tossed
A Maryland federal court tossed an education management company's suit seeking excess coverage for over $2.2 million in employee embezzlement losses, saying the company failed to show its loss occurred during the relevant policy period.
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April 02, 2025
MLB Club Settles Deaf Job Seeker's Discrimination Suit
The Atlanta Braves agreed to settle a suit alleging they turned down an information technology director candidate because they believed his deafness would have caused issues for the organization, according to a filing in Georgia federal court.
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April 02, 2025
3rd Circ. Says CVS Sex Bias Arbitration Fight Needs 2nd Look
The Third Circuit on Wednesday rejected a former CVS worker's argument that a 2022 federal law shielded her sex harassment case from mandatory arbitration, but it revived her suit to give the trial court a chance to explore whether the arbitration pact at issue was valid.
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April 02, 2025
Justices Broaden RICO Reach To Personal Injuries
The U.S. Supreme Court on Wednesday expanded the type of civil actions that can be brought under a federal racketeering statute, asserting that claims stemming from personal injuries are redressable if they can be shown to have caused economic harm.
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April 01, 2025
Trump Admin Layoffs 'Probably Broke Laws,' Judge Says
A Maryland federal judge ruled Tuesday that the Trump administration "probably broke the laws that regulate en masse terminations of government employees," ordering the federal government to reinstate thousands of probationary employees who were abruptly fired from their jobs in 19 states and the District of Columbia.
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April 01, 2025
Ex-Microsoft Manager Says He Was Fired For Whistleblowing
A former project manager for Microsoft says he was fired after flagging compliance issues and misconduct, including being forced to leak sensitive data from client Freddie Mac's workforce platform and being asked to falsify a report to cover up fraud, according to a suit filed Monday in Texas federal court.
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April 01, 2025
9th Circ. Won't Revive Wash. Atty's Bias Firing Suit
An attorney can't revive his complaint alleging the Washington State Attorney General's Office fired him based on his PTSD diagnosis linked to being a closeted gay Mormon youth, after the Ninth Circuit said the case was time-barred and was an attempt to relitigate claims already tossed.
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April 01, 2025
AG Paxton Objects To Whistleblowers' $2.4M Fee Award
The Texas attorney general's office color-coded over 100 pages of billing records provided by attorneys for its former deputies, telling an Austin court that eight categories of their work should be subtracted from a proposed $2.4 million fee award.
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April 01, 2025
Nurse's Job Denial Dispute With Senior Home Stays In Court
A senior living home operator must face a federal lawsuit claiming it violated the New York City Human Rights Law by retracting a nurse's job offer because she refused to consent to a credit check, a New York federal judge ruled, denying the company's bid to compel arbitration.
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April 01, 2025
7th Circ. Revives Officer's Back Pay Bid In ADA Row
The Seventh Circuit reinstated Tuesday a former corrections officer's back pay request that was rejected by a lower court after a jury found the county sheriff he worked for violated disability bias law by subjecting him to an unnecessary medical exam, but didn't owe him any damages.
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April 01, 2025
Ex-Exec Accuses Deutsche Bank Of Audit Lies, Retaliation
A former high-ranking official with Deutsche Bank has sued the bank for whistleblower retaliation and libel over what he said was a false human resources complaint concocted to fire him for cause after he flagged the bank's alleged lies to federal regulators about operational control issues.
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April 01, 2025
Trump Admin Fights Wash.'s Bid To Expand Layoff Injunction
The Trump administration has urged a California federal judge to reject the state of Washington's request to expand an injunction blocking federal agencies from firing probationary employees, saying the bid to broaden the order to other agencies is unnecessary and based on unfounded speculation of harm.
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April 01, 2025
NBA Wants No Extra Shot At Vax Discrimination Claim For Ref
Former NBA referee Leroy Richardson lost in a "final and binding" arbitration of his religious discrimination claim against the league, and thus should not be awarded a win in his suit over his firing for refusing a COVID-19 vaccination, the NBA has told a New York federal court.
Expert Analysis
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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.
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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.