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Employment
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February 27, 2025
Conn. Firm Windup Fight Belongs In Arbitration, Court Told
Connecticut attorney Ryan McKeen asked a judge Thursday to pause a derivative lawsuit his onetime 50-50 law partner Andrew Garza brought against him over the dissolution and windup of their firm, arguing that the claims should be heard in arbitration proceedings that were already cleared in a related suit.
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February 27, 2025
Ga. Plant Denies Alleged Atty Bribe, Claims Letter Was Fake
The finance director of a now-shuttered Georgia manufacturing plant did not pen a letter offering to bribe counsel representing a brother and sister in a federal discrimination lawsuit, according to a Thursday response to a sanctions bid that points the finger for the allegedly fraudulent missive at unidentified disgruntled former employees.
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February 27, 2025
DOL Pick Faces Scrutiny About DOGE From Senate Dems
President Donald Trump's nominee for deputy labor secretary faced intense questioning about "the sheer incompetence" of the administration's actions in what otherwise might have been expected to be a less controversial U.S. Senate confirmation hearing Thursday.
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February 27, 2025
Whistleblowers Fired By Paxton Propose $6.75M Settlement
Four of Texas Attorney General Ken Paxton's former top deputies-turned-whistleblowers are asking for more than $6.75 million from his office to settle claims they were unlawfully fired for reporting Paxton's possible abuses of office to the FBI in 2020.
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February 27, 2025
5th Circ. Backs Texas Medical Center's Race Bias Suit Win
The Fifth Circuit refused to revive a Black researcher's suit claiming a University of Texas medical center fired him because he complained that a supervisor made offensive comments and impeded his work, finding he'd failed to identify a non-Black employee who was treated better.
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February 27, 2025
Carolinas Law Firm Hit With Suit Over 2024 Data Breach
Riley Pope & Laney LLC, a law firm with offices in North and South Carolina, was hit with a proposed class action in South Carolina federal court alleging that consumers' personally identifiable information was exposed in a 2024 data breach.
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February 27, 2025
Relator Fights Discovery Ruling In FCA Suit Against AECOM
A whistleblower accusing AECOM of falsely billing the U.S. Army on a $1.9 billion contract urged a New York federal judge to rethink a decision to deny discovery requests, arguing the company improperly withheld information it's now asserting in a summary judgment bid.
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February 27, 2025
Farmworker Union Sues Over Calif. Border Patrol Raid
A farmworker union and Kern County, California, residents accused U.S. Border Patrol agents of carrying out an unlawful, nearly weeklong immigration enforcement sweep to arrest people of color who appeared to be farmworkers regardless of their immigration status.
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February 27, 2025
Calif. Panel Won't Send Class Wage Suit To Arbitration
A California appeals court refused to overturn an order declining to send to arbitration a sanitation worker's wage and hour suit against his former employer, saying his Private Attorneys General Act claims were brought only on behalf of a class and therefore the case can stay in court.
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February 27, 2025
Former Seyfarth Partner To Chair DOL's Review Board
The U.S. Department of Labor tapped a former Seyfarth Shaw LLP partner with more than 25 years of experience on employment and immigration law to be chair of the Administrative Review Board.
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February 27, 2025
Judge Gives CIA Green Light To Fire Intelligence Officers
A Virginia federal judge knocked down a request Thursday from a group of CIA officers for a temporary restraining order that would have blocked their firings, following President Donald Trump's executive order directing federal agencies to terminate diversity, equity and inclusion officers.
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February 27, 2025
US Senate Panel Advances Trump's Labor Secretary Pick
A U.S. Senate committee voted Thursday to move forward the nomination of former Rep. Lori Chavez-DeRemer to lead the U.S. Department of Labor.
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February 26, 2025
High Court Halts Trump's Wed. Night Deadline To Restore Aid
The U.S. Supreme Court late Wednesday paused a Washington, D.C., federal judge's late-night deadline ordering the Trump administration to restore nearly $2 billion in foreign assistance funding.
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February 26, 2025
DOJ Drops Suits Over Police, Firefighter Discriminatory Hiring
The U.S. Department of Justice said Wednesday it was dropping lawsuits across the country over allegedly discriminatory practices for hiring police officers and firefighters, saying the litigation "unjustly targeted fire and police departments for using standard aptitude tests."
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February 26, 2025
Trump Orders Fed Agencies To Plan For Large Layoffs
The White House is telling federal agencies to submit plans for "large-scale" layoffs by mid-March, accusing them of siphoning funding for "unproductive and unnecessary programs" and "not producing results for the American public."
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February 26, 2025
Judge Sends Fox Sports Harassment Suit Back To State Court
A U.S. district judge has sent a lawsuit accusing Fox Sports and its on-air talent of sexual harassment back to California state court after the plaintiff dropped allegations related to overtime, removing the suit's only federal claim.
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February 26, 2025
Calif. AG's Hiring Of Lieff Cabraser In Climate Suit Challenged
California Attorney General Rob Bonta improperly hired Lieff Cabraser Heimann & Bernstein LLP to assist with the state's climate deception suit against fossil fuel companies when attorneys in his office were capable of handling the litigation, the union representing the public lawyers contended in a newly filed state court complaint.
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February 26, 2025
NLRB Asks 3rd Circ. To Save Post-Gazette Union's Power
The National Labor Relations Board told the Third Circuit Wednesday that an injunction is needed to save what is left of the union representing newsroom employees at the Pittsburgh Post-Gazette, though members of the panel questioned if the NewsGuild's alleged loss of bargaining power was due to the publisher's actions or a two-year-long strike.
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February 26, 2025
5th Circ. Mulls Whether PPP Ineligibility Precludes Forgiveness
A Fifth Circuit panel seemed wary Wednesday of buying a truck dealer's argument that the U.S. Small Business Administration should forgive its PPP loan, pondering whether doing so could have far-reaching consequences for litigation surrounding CARES Act loans.
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February 26, 2025
Chicago Nonprofit Sues Trump Over Anti-DEI Orders
A Chicago-based women's trade group sued the Trump administration in Illinois federal court Wednesday, claiming his recent executive orders restricting federal diversity, equity and inclusion programs are unconstitutional and unlawfully chill the organization's free speech.
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February 26, 2025
US Chamber Urges 6th Circ. To Back FedEx Pension Suit Toss
The U.S. Chamber of Commerce urged the Sixth Circuit on Wednesday to affirm dismissal of FedEx retirees' suit alleging their pensions were undervalued due to outdated mortality data used in conversions, warning that a reversal in favor of the proposed class could set off a wave of new benefits litigation.
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February 26, 2025
MSPB Pauses Firing Of 6 Probationary Fed Employees
The Merit Systems Protection Board paused the Trump administration's attempt to fire six federal workers on probationary status, saying the U.S. Office of Special Counsel showed it was likely the firings violated civil service laws that require the government to undertake reductions in force based on merit.
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February 26, 2025
Top Dem Urges Trump To Leave Independent Agencies Alone
The top Democrat on the House Administration Committee urged President Donald Trump on Wednesday to rescind his executive order seeking to assert more control over independent agencies, which the congressman says is an "unprecedented violation" of law.
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February 26, 2025
Conn. Judge Tosses False Origin Claims In Atty's Firing Suit
A Connecticut federal judge has dismissed an attorney's lawsuit against his former firm and a litigation finance group described as its biggest client, nixing false designation and false origin claims surrounding the firm's alleged use of his name to lure clients after firing him.
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February 26, 2025
Ill. Department Owes Teamsters Local $4.5M In Wage Deal
The operational head of Illinois' state departments will pay $4.5 million to 500 workers for failing to pay them their wages negotiated in a collective bargaining agreement, a Teamsters local said in a news release Wednesday.
Expert Analysis
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Key Plaintiff Litigation Strategies For Silicosis Lawsuits
A California stone worker's recent $52 million jury award highlights the growing silicosis crisis among employees in the stone fabrication industry — and points to the importance of a strategic approach to litigating silicosis cases against employers and manufacturers, says David Matthews at Matthews & Associates.
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Presidential Campaign Errors Provide Lessons For Trial Attys
Vice President Kamala Harris’ presidential campaign employed numerous strategies that evidently didn’t land, and trial attorneys should take note, because voters and jurors are both decision-makers who are listening for how one’s case presentation would affect them personally, says Reuben Guttman at Guttman Buschner.
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Expect More State-Level Scrutiny Of Noncompetes Ahead
Despite the nationwide injunction against the Federal Trade Commission’s noncompete ban, and the incoming Republican administration, employers should anticipate that state legislatures will continue to focus on laws that limit or ban noncompetes, including those that target certain salary thresholds or industries, says Benjamin Fryer at FordHarrison.
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A Look At The Hefty Demands In Calif. Employer AI Draft Regs
California's draft regulations on artificial intelligence use in employment decisions show that the California Privacy Protection Agency is positioning itself as a de facto AI regulator for the state, which isn't waiting around for federal legislation, says Lily Li at Metaverse Law.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Cos. Should Inventory Issues To Prep For New Congress
As the legislative and oversight agendas of the 119th Congress come into sharper focus, corporate counsel should assess and plan for areas of potential oversight risk — from tax policy changes to supply chain integrity — even as much uncertainty remains, say attorneys at WilmerHale.
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Navigating DOJ's Patchwork Whistleblower Regime
In the past few months, the U.S. Department of Justice and several individual U.S. attorney’s offices have issued different pilot programs aimed at incentivizing individuals to blow the whistle on misconduct, but this piecemeal approach may create confusion and suboptimal outcomes, say attorneys at BakerHostetler.
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What To Expect From State AGs As Federal Control Changes
Under the next Trump administration, Democratic attorneys general are poised to strengthen enforcement in certain areas as Republican attorneys general continue their efforts with stronger federal support — resulting in a confusing patchwork of policies that create unintended liabilities for businesses operating in multiple jurisdictions, say attorneys at Morgan Lewis.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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When Arbitration Is Effective For Employment And IP Cases
Widespread adoption of arbitration has revolutionized conflict resolution in employment law, and the benefits of speed, expertise and confidentiality make it an increasingly attractive alternative for resolving patent conflicts — but arbitration is not a silver bullet, say Brandon Miller at Fisher Phillips and Camilla Bykhovsky at Turner Boyd.
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Class Actions At The Circuit Courts: November Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six federal court decisions that touch on Rule 23 of the Federal Rules of Civil Procedure, and when individual inquiries are needed to prove economic loss.
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Loper Bright Offers New Materiality Defense To FCA Liability
The U.S. Supreme Court's decision in Loper Bight Enterprises v. Raimondo, ending Chevron deference, may have created a new defense to False Claims Act liability by providing the opportunity to argue that a given regulation is not material to the government's payment decision, says Tanner Cook at Husch Blackwell.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Opinion
Preserving The FCA Is Crucial In Trump's 2nd Term
While the Trump administration may pursue weaker False Claims Act enforcement, it remains an essential tool in safeguarding public funds and maintaining corporate accountability, so now is not the time to undermine ethical behavior, or reduce protections and incentives for whistleblowers, says Adam Pollock at Pollock Cohen.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.