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Employment
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August 26, 2025
BofA, Merrill Want Deferred Compensation Fight Moved To NC
Two former Merrill Lynch financial advisers who claim they were deprived of their deferred compensation must litigate their case in North Carolina, the wealth management company told a New Jersey federal judge, citing a forum selection clause in their compensation agreements.
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August 26, 2025
Cert. In Pepperidge BIPA Action Sunk Over Counsel Conflict
An Illinois appellate panel on Monday reversed a trial court's order certifying a class of Pepperidge Farm workers bringing biometric privacy claims, saying it improperly allowed the law firm of the lead plaintiff's daughter to remain as class counsel.
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August 26, 2025
Credit Union Wants Ex-CEO's Latest Wage Claims Trimmed
Sound Federal Credit Union wants a Connecticut Superior Court judge to trim its former CEO's recently revamped employment lawsuit, saying defamation and failure to pay wages claims should be removed from his complaint before his breach of contract claim advances.
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August 26, 2025
NY Judge In NFL Case May Hold No-Show Atty In Contempt
The Manhattan federal judge presiding over a high-profile racial discrimination lawsuit against the NFL said Tuesday she will initiate a contempt proceeding against a California lawyer who failed to appear to further explain an erroneous filing that stated he could practice in New York.
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August 26, 2025
Netflix Flight Attendant Says Harassment Report Led To Firing
A former flight attendant for Netflix's private air fleet accused the streaming company of withholding her raise and eventually firing her after she reported several instances of sexual harassment, including one involving a pilot's sexually explicit Christmas cards.
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August 26, 2025
Willig Williams Atty Named Philly Leader Of Labor Group
An attorney at Willig Williams & Davidson's Philadelphia office with more than 15 years of experience representing workers has been tapped to lead the city's branch of the Labor and Employment Relations Association through next spring.
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August 26, 2025
NLRB Defends Injunction Order Against Hospital At 6th Circ.
The National Labor Relations Board asked the Sixth Circuit to uphold a district court injunction requiring a Michigan hospital to recognize a Service Employees International Union affiliate, telling the appeals court that evidence shows the hospital's withdrawal of recognition led to a drop in union support.
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August 26, 2025
3rd Circ. Affirms Toss Of NJ-Pa. Transit Line Death Suit
The Third Circuit on Tuesday refused to revive an estate's wrongful death suit against Port Authority Transit Corp. and Delaware River Port Authority, saying the trial court rightly found that the line on which the decedent was killed is not a railroad subject to the Federal Employers' Liability Act.
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August 26, 2025
Fed's Lisa Cook Preps Lawsuit Over Trump Firing
Federal Reserve Gov. Lisa Cook is preparing to file a lawsuit over President Donald Trump's announcement that she has been terminated from her position, allegedly for committing mortgage fraud, her lawyer said Tuesday.
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August 26, 2025
Littler Adds Former NLRB Atty, Corporate Counsel In Seattle
Littler Mendelson PC has brought on a former National Labor Relations Board attorney and corporate labor counsel as a shareholder in its Seattle office, the firm announced.
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August 26, 2025
Shipbuilders Push To Escape Revived No-Poach Claims
A Fourth Circuit decision that revived a proposed class action accusing some of the country's biggest warship makers and naval engineering consultants of participating in an illegal no-poach conspiracy to suppress wages leaves a Virginia federal judge free to dismiss the case, according to the companies.
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August 26, 2025
Wells Fargo, Worker Settle Overtime, FMLA Suit
A former Wells Fargo employee reached a settlement with the bank to end his suit claiming he was not compensated for off-the-clock work and that he was retaliated against after taking leave under the Family and Medical Leave Act, according to filings in Georgia federal court.
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August 26, 2025
MLB Players, DraftKings Eyeing IP Suit Settlement
An MLB players association and sports betting company DraftKings Inc. are engaged in settlement talks to resolve claims that the athletes' images are being used without permission to promote the gambling platform, according to a recent court filing.
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August 26, 2025
Crocs Miscalculated Employees' Overtime, Worker Claims
Shoe company Crocs miscalculated employees' overtime by leaving shift differentials and bonuses out of employees' regular rate of pay, a former equipment operator alleged in a proposed collective action that he said could include thousands of workers.
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August 25, 2025
UTSA Prof Claims School Conducted Biased Probe
A Black professor at University of Texas at San Antonio told a Texas federal judge that the university discriminated against him by running a slipshod investigation into a case of alleged sexual harassment, saying Monday the school targeted him because of his race.
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August 25, 2025
Ill. Panel Won't Revive Race Bias Suit Against AT&T Unit
An Illinois appeals court has dashed the hopes of a Black former telecom employee who says he was singled out for layoffs because of his race, ruling that he failed to prove that non-Black Illinois Bell Telephone Co. employees were treated better than him.
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August 25, 2025
California Tribe Looks To Undo Casino Union Arbitration Order
A California federal judge should nix an arbitrator's finding that a labor agreement, rather than tribal law, governs unionization at a Native American casino, the Wilton Rancheria tribe argued in a new lawsuit.
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August 25, 2025
Unions Urge 9th Circ. To Uphold Order Halting Bargaining EO
The American Federation of Government Employees and other unions defended a lower court injunction halting several federal agencies from enforcing an executive order focused on eliminating labor contracts covering agencies that have "national security" aims, arguing the president's directive was retaliatory.
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August 25, 2025
Title Insurer Beats Ex-Board Member's Fiduciary Duty Claims
Connecticut title insurer CATIC, its Delaware and Florida corporate arms, and 12 of its senior leaders have escaped fiduciary duty claims from a lawyer who challenged his purported ejection from two boards of directors after an audit allegedly revealed accounting problems at his Hartford law firm.
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August 25, 2025
Trump Fires Fed's Lisa Cook Over Mortgage Fraud Allegation
President Donald Trump on Monday evening fired Federal Reserve Gov. Lisa Cook over his administration's allegation that she committed mortgage fraud, thrusting the White House into uncharted territory in its campaign to exert control over the central bank.Â
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August 25, 2025
Right-To-Work Dooms Worker's THC Firing Suit, 8th Circ. Says
A Peco Foods' employee who claims he was wrongfully fired when he tested positive for marijuana after using a CBD oil for back pain cannot get his job back, the Eighth Circuit ruled Monday, finding he was an at-will employee at the Arkansas company and made an untimely retaliation argument.
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August 25, 2025
Construction Co. Can't Narrow Discovery In OT Dispute
A Michigan federal court on Monday refused to reconsider its decision allowing a worker to conduct classwide discovery in his overtime suit against a construction company, saying that the company could have pointed to a ruling in a similar case earlier.
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August 25, 2025
Wash. Judge Clears Feds In Navy Vet's VA Negligence Suit
A Washington federal judge said Monday that the federal government is not liable for medical malpractice in a U.S. Navy veteran's case blaming a U.S. Department of Veterans Affairs psychiatrist for her December 2011 psychotic episode that turned violent, finding the doctor made no missteps when treating her in the weeks before the incident.
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August 25, 2025
Pa. Worker Who Quit After Public Insults Can Get Benefits
A Pennsylvania township supervisor's verbal abuse of an employee and her husband at an open meeting was harsh enough that the employee's resignation did not disqualify her from getting state unemployment benefits, a split Pennsylvania Commonwealth Court panel has ruled.
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August 25, 2025
DOJ Wants $10.5M From Convicted Nursing Exec For Fraud
U.S. Department of Justice prosecutors asked a Nevada federal judge Friday for a $10.5 million preliminary forfeiture order against a nurse staffing executive convicted of wage-fixing, an amount that matches what he was paid for his staffing company after deceiving the buyer into thinking there was no criminal antitrust investigation.
Expert Analysis
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Key Takeaways From The 2025 Spring Antitrust Meeting
Leadership changes, shifting priorities and evolving enforcement tools dominated the conversation at the recent American Bar Association Spring Antitrust Meeting, as panelists explored competition policy under a second Trump administration, agency discretion under the 2023 merger guidelines and new frontiers in conduct enforcement, say attorneys at Freshfields.
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Running A Compliant DEI Program After EEOC, DOJ Guidance
Following recent guidance from the U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice that operationalized the Trump administration's focus on ending so-called illegal DEI, employers don't need to eliminate DEI programs, but they must ensure that protected characteristics are not considered in employment decisions, say attorneys at Holland & Knight.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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NWSL's $5M Player Abuse Deal Shifts Standard For Employers
The National Women's Soccer League's recent $5 million settlement addressing players' abuse allegations sends a powerful message to leagues, entertainment entities and employers everywhere that employee safety, accountability and transparency are no longer optional, say attorneys at Michelman & Robinson.
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Mass. AG Emerges As Key Player In Consumer Protection
Through enforcement actions and collaborations with other states — including joining a recent amicus brief decrying the defunding of the Consumer Financial Protection Bureau — Massachusetts Attorney General Andrea Campbell has established herself as a thought leader for consumer protection and corporate accountability, say attorneys at Troutman Pepper.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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What To Know About Restrictions On Former Federal Workers
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Amid reductions to the federal workforce, agency counsel should be mindful that workers who are leaving government employment will still be covered by federal ethics restrictions upon their departure, including recusal requirements and temporary and permanent bans, says Rex Iacurci at LexisNexis.
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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
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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.