'Not So': Trump Says Wilcox Firing Case Won't Ax Humphrey's

By Emily Brill

A D.C. federal judge should reject former National Labor Relations Board member Gwynne Wilcox's claim that the Trump administration is trying to ax landmark U.S. Supreme Court precedent, President Donald Trump and board Chairman Marvin Kaplan argued Friday, saying they only want the decision properly applied.

1 document attached | Read full article » | Save to favorites »

WH Appeals After Watchdog Chief Is Permanently Reinstalled

By Ali Sullivan

A D.C. federal judge ruled Saturday that President Donald Trump's firing of the head of the Office of Special Counsel was illegal, finding that the federal employment watchdog can only be ousted for cause.

4 documents attached | Read full article » | Save to favorites »

Analysis

5 Argument Sessions Benefits Attys Should Watch In March

By Kellie Mejdrich

The Ninth Circuit will mull Express Scripts and OptumRx's bid to force a public nuisance suit brought by the state of California into federal court, and the Second Circuit will hear from pensioners who say that IBM's use of outdated mortality tables shrank their benefits payouts. Here, Law360 looks at these and other appellate arguments happening in March that should be on benefits lawyers' radar.

Read full article » | Save to favorites »

Mich. Atty Says Ex-Firm Foiling Cases Over Retaliation Suit

By Danielle Ferguson

A lawyer urged a Michigan federal judge to pause matters in several state court cases as she alleged her former law firm, Olsman MacKenzie Peacock PC, is using the proceedings to retaliate against her for filing a sexual harassment and hostile workplace suit against it and another firm run by a well-known mediator.

Motion attached | Read full article » | Save to favorites »

2nd Circ. Revives Electrical Worker's Union Pension Fight

By Emily Brill

An electrical worker can try again to argue that two trustees of his union pension fund violated the Employee Retirement Income Security Act by paying themselves over $1 million in compensation from the fund's assets, with the Second Circuit ruling Friday that the worker has standing to sue.

1 document attached | Read full article » | Save to favorites »

7th Circ. Says It's Too Early To Mull Fired ISU Coach's Suit

By Celeste Bott

A Seventh Circuit panel says it lacks the jurisdiction to consider if a lower court rightly denied dismissal of a lawsuit brought by an ex-Illinois State University football coach who claims he was unlawfully fired for posting an "All Lives Matter" sign on his office door, because the district judge postponed a decision on the school officials' qualified immunity argument.

Opinion attached | Read full article » | Save to favorites »

CFPB Endgame Is Just 'Five Men And A Phone,' Filings Allege

By Jon Hill

Current and former Consumer Financial Protection Bureau employees alleged in D.C. federal court filings that the Trump administration is much more aggressively trying to gut the agency than it has let on, warning it has already damaged vital functions.

17 documents attached | Read full article » | Save to favorites »

8th Circ. Backs Auto Co. Exec's Win In $5M Benefits Suit

By Emmy Freedman

The Eighth Circuit declined Friday to overturn a former chief operating officer's win in his lawsuit accusing an automotive company of reneging on the terms of his deferred compensation plan when he left the firm, saying the company can't rely on nonexistent documents to deny his claim to the funds.

Opinion attached | Read full article » | Save to favorites »

OPM Tells Agencies To Give On-The-Clock Union Task Info

By Beverly Banks

The U.S. Office of Personnel Management's acting director instructed federal agency heads to submit information about the official time unionized workers spent negotiating, handling grievances and engaging in labor-management relations, issuing the memorandum to carry out President Donald Trump's aim of restoring "efficiency and accountability" in the government.

Memorandum attached | Read full article » | Save to favorites »

Roundup

Employment Authority: High Court Majority-Bias Case Effects

Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with how a possible U.S. Supreme Court decision easing the path for plaintiffs belonging to majority groups could create the "perfect storm" for litigation, a look at the cases challenging U.S. Department of Labor rules that are currently on hold after the new Trump administration took office, and how the striking energy is set to continue. 

Read full article » | Save to favorites »

CVS, Catholic Nurse Settle Bias Suit Over Contraceptive Care

By Patrick Hoff

CVS Health Corp. agreed to settle a former nurse's lawsuit alleging the company unlawfully tried to force her to provide contraceptive care to patients in violation of her Catholic beliefs, according to filings in Florida federal court.

Motion attached | Read full article » | Save to favorites »

Adobe Hit With Age Bias Claim By Former Sales Manager

By Julie Manganis

A former Adobe sales manager was sidelined and then fired after reporting a supervisor's comments on his age to human resources, according to a lawsuit filed in Massachusetts state court.

Complaint attached | Read full article » | Save to favorites »

Kraft Heinz Beats Ex-R&D Worker's Vaccine Bias Claims

By Lauraann Wood

A former Kraft Heinz research and development manager cannot go to trial over claims the company discriminated against her religious beliefs by rejecting her COVID-19 exemption request, with an Illinois federal judge saying on Friday her concerns were not religious in nature.

Order attached | Read full article » | Save to favorites »

Analysis

Trump Admin's NIL Guidance Isn't Law, But Is A Title IX Threat

By David Steele

When President Donald Trump's U.S. Department of Education recently rescinded late Biden-era guidance instructing that upcoming revenue distribution to college athletes should follow Title IX laws protecting equal opportunity for women, legal experts told Law360 it came as little surprise — but also carried very little legitimate legal force.

Read full article » | Save to favorites »

Colo. Corrections Dept. Says No Pay Needed For On-Call Time

By Emmy Freedman

A collective action accusing the Colorado Department of Corrections of failing to pay criminal investigators for time they spent on call should be thrown out, the department told a federal court, saying the workers weren't barred from doing personal activities during this time and thus aren't owed any extra wages.

Memorandum attached | Read full article » | Save to favorites »

Steakhouse Workers Score Collective Cert. In Tips Row

By Irene Spezzamonte

Servers and bartenders claiming that a steakhouse known for its 72-ounce steak challenge cheated them out of tips and didn't reimburse them for their uniforms can move forward as a collective, a Texas federal judge ruled, while saying the limitation period clock will start ticking later.

Order attached | Read full article » | Save to favorites »

Analysis

Trump Admin Cuts Raise Trade Secret Security Concerns

By Ivan Moreno

As the Trump administration reduces the size of the federal government, intellectual property attorneys are expressing concerns about the continued safeguarding of trade secrets that companies are required to disclose to certain agencies.

Read full article » | Save to favorites »

Software Engineer Faces Prison For Sharing Info With China

By Elaine Briseño

A Southern California man has pled guilty to downloading sensitive technology from a former employer and using it to market his own competing business to a company in China, according to a statement from the U.S. Department of Justice.

Read full article » | Save to favorites »

New Jersey AG Office Tells Court It Wasn't Whistleblowers' Boss

By Carla Baranauckas

The New Jersey Attorney General's Office told a state judge Friday that it should be removed from a lawsuit accusing the Warren County prosecutor's office of retaliating against two detectives for their part in uncovering an alleged fraud scheme, because the attorney general was never their employer.

Read full article » | Save to favorites »

SuperValu Complains About Falsity Question In FCA Case

By Cara Salvatore

Whistleblowers claiming SuperValu overcharged the government by $123 million for prescriptions can ask witnesses a single question alluding to a bitterly contested legal finding in the False Claims Act case in Illinois federal court, the grocer revealed in a motion objecting to the judge allowing that question.

Motion attached | Read full article » | Save to favorites »

Calif. Justices Revive Yacht Club Worker's Injury Suit

By Y. Peter Kang

The California Supreme Court has revived a suit brought by a yacht club maintenance worker seeking to hold his employer liable for his workplace injuries under federal maritime law, saying the law preempts California's workers' compensation statute.

Opinion attached | Read full article » | Save to favorites »

What Axed Title IX Gender Identity Rule Means For Higher Ed

Following a Kentucky federal court's recent decision in State of Tennessee v. Cardona to strike down a Biden-era rule that expanded the definition of Title IX to prohibit discrimination on the basis of gender identity, institutions of higher education should prepare to reimplement policies that comply with the reinstated 2020 rule, say attorneys at Venable.

Decision attached | Read full article » | Save to favorites »

A Path Forward For Cos. Amid Trump's Anti-DEIA Efforts

Given the Trump administration’s recent efforts targeting corporate diversity, equity, inclusion and accessibility programs — including threatening possible criminal prosecution — companies should carefully tailor their DEIA initiatives to comply with both the letter and the spirit of antidiscrimination law, say attorneys at Pillsbury.

Read full article » | Save to favorites »

Analysis

Presidents v. Courts: Lincoln, Trump & Judicial Power Limits

By Jeff Overley

Amid fears of President Donald Trump disobeying judges with impunity, debate has focused on famous instances of officials defying the U.S. Supreme Court. But some of the clearest insights into America's handling of White House disregard for courts exist in relatively obscure cases from the Civil War era, when unprecedented presidential actions provoked extraordinary responses from the judiciary — and underscored the limits of its powers.

Read full article » | Save to favorites »

NYC Bar Slams Trump's Order On Covington Attys

By Emily Sawicki

The New York City Bar Association has joined the chorus of legal groups decrying President Donald Trump's order suspending security clearances held by Covington & Burling LLP attorneys representing former special counsel Jack Smith, calling it an "improper use of government power."

Read full article » | Save to favorites »

Ex-Commerce Official To Chair Gibson Dunn Sanctions Group

By James Mills

Gibson Dunn & Crutcher LLP is creating a new sanctions and export enforcement practice group and bringing in a former U.S. Commerce Department official as a partner in its Washington, D.C. office to lead it.

Read full article » | Save to favorites »

Ex-White House Cyber Pro Joins Sidley As DC Privacy Partner

By Tracey Read

The former chief of staff at the White House Office of the National Cyber Director has returned to the private sector as a Sidley Austin LLP privacy and cybersecurity practice partner in Washington, the firm said Thursday.

Read full article » | Save to favorites »

Dems Claim DOJ Atty's 'Quid Pro Quo' Violated Ethics Rules

By Dorothy Atkins

Democratic Senate Judiciary Committee senior members lodged ethics complaints against acting Deputy Attorney General Emil Bove, accusing the recently appointed Bove of violating ethics rules by allegedly pushing prosecutors to drop criminal bribery charges against New York City Mayor Eric Adams in a "quid pro quo" deal with President Donald Trump.

2 documents attached | Read full article » | Save to favorites »

Group Blasts Judge's Call For Women In Contraception MDL

By Carolina Bolado

A judicial organization dedicated to fighting "leftist lawfare" filed a complaint Thursday against the Florida federal judge overseeing multidistrict litigation over the hormonal contraceptive drug Depo-Provera, claiming that her comments about women needing to be represented in the MDL leadership show an impermissible bias.

Complaint attached | Read full article » | Save to favorites »

Roc Nation Aims To Get Out Of Buzbee Conspiracy Suit

By Ryan Boysen

Shawn "Jay-Z" Carter's company Roc Nation has asked a Texas federal court to let it exit a lawsuit that claims Roc Nation conspired to "finance" malpractice suits against attorney Tony Buzbee in retaliation for an abortive lawsuit Buzbee filed accusing the rap star of rape.

2 documents attached | Read full article » | Save to favorites »

GOP Rep. Reintroduces The JUDGES Act

By Courtney Bublé

The chair of the House Judiciary Committee's courts panel has reintroduced a bill to create 66 new and temporary federal judgeships, which former President Joe Biden vetoed at the end of last year.

Bill attached | Read full article » | Save to favorites »

Up Next At High Court: Gun Violence Liability & Nuclear Waste

By Katie Buehler

The U.S. Supreme Court will return to the bench Monday to consider Mexico's attempt to hold gun manufacturers and distributors liable for cartel-related gun violence and a nuclear waste site dispute that could determine who can challenge future agency actions.

Read full article » | Save to favorites »

GC Cheat Sheet: The Hottest Corporate News Of The Week

By Sue Reisinger

While many companies are removing diversity language from their public websites, a new survey shows that about half of its respondents do not plan on changing their DEI programs. And the general counsel for the new Tiger Woods/Rory McIlroy golf league talked about his love of the sport and the legal work involved in the new venture.

Read full article » | Save to favorites »

UK Litigation Roundup: Here's What You Missed In London

By Max Austin

This past week in London has seen the billionaire Zakay brothers, founders of Topland Group, become embroiled in a legal dispute with each other, Unilever sue three major perfume companies over alleged illegal price-fixing, and the publisher of Vogue magazine file an intellectual property suit against Cornucopia Events. Here, Law360 looks at these and other new claims in the U.K.

Read full article » | Save to favorites »

Law360's Legal Lions Of The Week

By Kevin Penton

Holwell Shuster & Goldberg LLP and Kontnik Cohen LLC lead this week's edition of Law360 Legal Lions, after the U.S. Supreme Court held that cases dismissed voluntarily can later be eligible for special judicial relief and reopening, even if a statute of limitations would typically block the lawsuit.

Read full article » | Save to favorites »

In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

Read full article » | Save to favorites »