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Employment

  • September 03, 2025

    More K&L Gates Attys Jump To Arnold & Porter In LA, Seattle

    Arnold & Porter Kaye Scholer LLP continues to grow its West Coast team, announcing Wednesday two more longtime K&L Gates LLP attorneys have joined as partners — a labor and employment expert in Seattle and a business litigation pro in Los Angeles.

  • September 02, 2025

    Fed Gov. Cook Doubles Down On Removal TRO Bid

    Federal Reserve Board Gov. Lisa Cook on Tuesday doubled down in her bid to have a D.C. federal court block President Donald Trump's attempt to strip her of her position, saying the federal government was trying to expand the limits of a "for cause" removal.

  • September 02, 2025

    DC Circ. Refuses To Block Fired FTC Dem's Reinstatement

    A split D.C. Circuit panel Tuesday refused to stay a lower court's order reinstating a Democratic member of the Federal Trade Commission, finding that the government has "no likelihood of success" fighting her reinstatement because President Donald Trump broke the law when he fired her without cause.

  • September 02, 2025

    Ex-XAI Engineer Who Joined OpenAI Must Hand Over Devices

    A California federal judge on Tuesday ordered a former engineer at xAI, Elon Musk's artificial intelligence company, to temporarily hand over personal devices for a forensic examination in litigation accusing him of stealing trade secrets and confidential information before going to work for competitor OpenAI.

  • September 02, 2025

    9th Circ. Rejects Unvaxxed Firefighters' Discrimination Appeal

    A Ninth Circuit panel declined on Tuesday to revive a group of Washington firefighters' suit against their employer for refusing them religious exemptions from a state COVID-19 vaccination mandate, concluding the fire agency would've faced "substantial costs" had it allowed them to continue working without the shot in 2021.

  • September 02, 2025

    Cannabis Co. Seeks To Toss Ex-COO's Fla. Whistleblower Suit

    A Canadian cannabis company urged a Florida federal court to toss a whistleblower lawsuit brought by its former chief operating officer alleging he was wrongly terminated for attempting to bring facilities into compliance with safety standards, saying the complaint fails to state a plausible claim. 

  • September 02, 2025

    Financial Firm Can't Pierce Atty-Client Privilege, Judge Rules

    Wealth Enhancement Group LLC cannot override privilege laws to view communications between a former financial adviser's new employer and its lawyers at Spencer Fane LLP, according to a Connecticut judge who viewed the contested documents privately.

  • September 02, 2025

    Two Unions Fight Trump Order Ending Labor Rights

    Unions representing thousands of employees of the U.S. Patent and Trademark Office and the National Weather Service challenged in a lawsuit Tuesday in D.C. federal court an executive order by President Donald Trump ending their collective bargaining agreements. 

  • September 02, 2025

    Ex-Executive Slaps Novo Nordisk Unit With Sex, Age Bias Suit

    A former finance director for a Novo Nordisk unit hit the company with a sex and age bias lawsuit last week, saying in a North Carolina federal court complaint that her career was cut short after she complained about workplace safety and discrimination.

  • September 02, 2025

    Littler Report: Wage Rule Limbo, DEI Reversal, NLRB Shakeup

    Federal government efforts to end diversity, equity and inclusion programs; states’ industry-specific wage hikes that have reached new heights and a National Labor Relations Board that is stuck without a quorum are employment law trends to watch, Littler Mendelson PC’s Workplace Policy Institute said in an annual report. Here, Law360 explores the report’s findings.

  • September 02, 2025

    Ex-Education Exec's Pension Cut After Theft Conviction

    The former director of East Haven, Connecticut's before-and-after-school program will see a $500 monthly reduction in her pension for almost nine years after a state court judge docked the payments due to her 2021 conviction for stealing from the town's board of education.

  • September 02, 2025

    Mass. Top Cannabis Regulator Wins Job Back

    A Massachusetts state court judge reinstated the state's chief cannabis regulator Tuesday, finding that while her behavior may have been "abrasive, boorish, inconsiderate, ill-tempered, imprudent and/or otherwise unreasonable," it did not rise to the level of a firable offense.

  • September 02, 2025

    3M Beats Fired COVID-19 Vax Refuser's Religious Bias Suit

    A Pennsylvania federal judge tossed a suit Tuesday from a Christian worker who claimed 3M fired her out of religious bias when she refused its COVID-19 vaccine mandate, ruling her termination was fair game because letting her remain unvaccinated would have made the company less competitive.

  • September 02, 2025

    Court Denies UFC's Attempt To Block Fighters' Class Cert.

    A Nevada federal judge has rejected Ultimate Fighting Championship's motion seeking to deny class certification for fighters suing it over alleged suppressed wages, saying the request is premature.

  • September 02, 2025

    NC Court Upholds Ruling Against Pay For Pre-Job Training

    A class of mental health workers seeking overtime compensation can't recover pay for training completed prior to the first day of work, as a North Carolina federal judge upheld a previous order finding that the time is not compensable under the federal Fair Labor Standards Act.

  • September 02, 2025

    Pot Cos. Say Berkshire Hathaway Unit Must Cover Death Suit

    A group of cannabis companies said a Berkshire Hathaway unit must cover their defense in an underlying suit over a worker's death, telling a Florida federal court that the allegations trigger either the policy's workers' compensation coverage or employers' liability coverage.

  • September 02, 2025

    4th Circ. Won't Stop Dance Teachers From Using 'Inspire' TM

    A charter school failed to convince the Fourth Circuit to block two former teachers from using the name "Inspire" for their dance company, with a panel finding Tuesday that the school's trademark infringement and false advertising claims didn't have enough juice.

  • September 02, 2025

    Ga. Atty Aims To Pause Arbitration In Wage Fight With Ex-Firm

    An Atlanta attorney suing her former law firm, John Foy & Associates, is seeking to put arbitration on hold while her claims for harassment and retaliation play out in Georgia federal court, saying that allowing the two matters to proceed simultaneously risks "duplicative proceedings, inconsistent findings and unnecessary expense."

  • September 02, 2025

    NCAA Fights Wisconsin Footballer's Renewed Eligibility Bid

    A University of Wisconsin football player's second bid for an injunction allowing him an extra year to play did not fix the problems that led to the first bid being overturned on appeal, the NCAA told a Wisconsin federal judge in its renewed defense of its eligibility rules.

  • September 02, 2025

    2nd Circ. Backs X In Arb. Fees In Severance Case

    Courts can't sort out who pays arbitration fees, and employers' refusal to pay such fees isn't a failure to arbitrate, the Second Circuit ruled Tuesday, siding with X in a case accusing the social media platform of owing workers severance.

  • August 29, 2025

    Employment Authority: Courts Back A Broad EEOC

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on a recent Second Circuit ruling that adds to a growing consensus among circuit courts that the U.S. Equal Employment Opportunity Commission should have a long leash, why it may have just gotten harder for California employers to defend against minimum wage suits, and a reflection on the exit of National Labor Relations Board Chairman Marvin Kaplan.

  • August 29, 2025

    DC Judge Says Fed. Reserve Gov. Can't Get TRO Just Yet

    Federal Reserve Board Governor Lisa Cook didn't walk away from her emergency hearing with the temporary restraining order she was looking for, but a D.C. federal judge said she was willing to expedite briefing over the president's attempt to strip Cook of her position.

  • August 29, 2025

    Logistics Cos. Can't Escape Worker Visa Misuse Class Action

    Two logistics companies have failed to escape a proposed class action accusing them of misusing a professional worker visa program to lure workers from Mexico, with a Georgia federal judge trimming out some discrimination and fair labor claims, but allowing several others to proceed.

  • August 29, 2025

    EEOC, Sam's Club Strike $60K Deal In ADA Suit

    The operators of warehouse club retail store Sam's Club will pay $60,000 to end a U.S. Equal Employment Opportunity Commission suit alleging a worker was refused accommodations and ultimately fired after attempting to return to work following an automobile accident.

  • August 29, 2025

    Former National Security Officials Say Union EO Went Too Far

    Although President Donald Trump said he was protecting national security when he opened the door for dozens of agencies to shred their union contracts, he was actually retaliating against the unions for speaking out against him, a coalition of former senior national security officials told the Ninth Circuit on Friday.

Expert Analysis

  • Texas Med Spas Must Prepare For 2 New State Laws

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    Two new laws in Texas — regulating elective intravenous therapy and reforming healthcare noncompetes — mark a pivotal shift in the regulatory framework for medical spas in the state, which must proactively adapt their operations and contractual practices, says Brad Cook at Munsch Hardt.

  • Challenges Law Firms Face In Recruiting Competitor Teams

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    Since the movement of lawyer teams from a competitor can bring legal considerations and commercial risks into play, both the target and recruiting firms should be familiar with the relevant limited liability partnership deed to protect their business, say lawyers at Fox & Partners.

  • Series

    Playing Soccer Makes Me A Better Lawyer

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    Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.

  • Forced Labor Bans Hold Steady Amid Shifts In Global Trade

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    As businesses try to navigate shifting regulatory trends affecting human rights and sustainability, forced labor import bans present a zone of relative stability, notwithstanding outstanding questions about the future of enforcement, say attorneys at Simpson Thacher.

  • Grappling With Workforce-Related Immigration Enforcement

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    To withstand the tightening of workforce-related immigration rules and the enforcement uptick we are seeing in the U.S. and elsewhere, companies must strike a balance between responding quickly to regulatory changes, and developing proactive strategies that minimize risk, say attorneys at Fragomen.

  • Series

    Law School's Missed Lessons: Learning From Failure

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    While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.

  • How Courts Are Addressing The Use Of AI In Discovery

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    In recent months, several courts have issued opinions on handling discovery issues involving artificial intelligence, which collectively offer useful insights on integrating AI into discovery and protecting work product in connection with AI prompts and outputs, says Philip Favro at Favro Law.

  • Trans Bias Suits Will Persist Despite EEOC's Shifting Priorities

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    In U.S. Equal Employment Opportunity Commission v. Sis-Bro, an Illinois federal court let a transgender worker intervene in a bias suit that the EEOC moved to dismiss, signaling that the agency's pending gender identity-related actions will carry on even as its priorities shift to align with the new administration, say attorneys at Venable.

  • Series

    Adapting To Private Practice: From ATF Director To BigLaw

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    As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.

  • Reverse Bias Rulings Offer Warning About DEI Quotas

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    Several recent holdings confirm that targeted or quota-based diversity programs can substantiate reverse discrimination claims, especially when coupled with an adverse action, so employers should exercise caution before implementing such policies in order to mitigate litigation risk, says Noah Bunzl at Tarter Krinsky.

  • 4 In-Flux Employment Law Issues Banks Should Note

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    Attorneys at Ogletree provide a midyear update on employment law changes that could significantly affect banks and other financial service institutions — including federal diversity equity and inclusion updates, and new and developing state and local artificial intelligence laws.

  • New DOJ Penalty Policy Could Spell Trouble For Cos.

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    In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.

  • Mulling Worker Reclassification In Light Of No Tax On OT

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    The One Big Beautiful Bill Act's no-tax-on-overtime provisions provide tax relief for employees who regularly work overtime and are nonexempt from the Fair Labor Standards Act, but reclassifying employees may lead to higher compliance costs and increased wage and hour litigation for employers, says Steve Bronars at Edgeworth Economics.

  • 7 Ways Employers Can Avoid Labor Friction Over AI

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    As artificial intelligence use in the workplace emerges as a key labor relations topic in the U.S. and Europe, employers looking to reduce reputational risk and prevent costly disputes should consider proactive strategies to engage with unions, say attorneys at Baker McKenzie.

  • Series

    Playing Baseball Makes Me A Better Lawyer

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    Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.

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