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Employment
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September 19, 2025
BofI Directors Beat Investor Suit Over Whistleblower Probe
A California federal judge has permanently dismissed a shareholder derivative suit against the top brass of BofI Holding Inc. accusing them of misconduct that led to a costly internal investigation into a whistleblower's allegations, finding the plaintiff failed to demonstrate that a pre-suit demand upon the board would have been futile.
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September 19, 2025
Judge Rules NCAA Rules Are Commercial, Grants Injunction
A University of Las Vegas defensive lineman won his bid to play another season when a Nevada federal judge ruled that the NCAA's eligibility rules are subject to antitrust scrutiny because the ability of athletes to get paid for their performance makes the restrictions commercial in nature.
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September 19, 2025
NJ Claims Of Union Job Referral Bias Preempted, Judge Hears
The state of New Jersey's discrimination lawsuit against a local union should be dismissed because it is preempted by federal labor law and was filed after the two-year statute of limitations expired, a state court judge heard Friday during a hearing.
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September 19, 2025
Employment Authority: Inside Calif's New Bid To Regulate AI
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on what's inside California legislation that aims to regulate the use of artificial intelligence, how the Ninth Circuit's decision to revive a case accusing Trader Joe's United of trademark infringement may impact union merch, and a review of the most important wage and hour cases hoping to catch U.S. Supreme Court's review.Â
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September 19, 2025
Court Unseals Deals Ending Worker Row With Car Tech Maker
A North Carolina federal judge who plans to unseal a settlement to a wage and hour suit against an automotive technology manufacturer on Monday unsealed a portion of the deal on Friday, revealing the company paid $175,000 to settle one plaintiff's non-wage claims.
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September 19, 2025
Beneficiaries Dispute Aviation Exclusion In Fatal Crash Row
Two beneficiaries under separate Prudential life insurance policies issued for an aviation company's pilots told a Washington federal court that they were wrongly denied benefits after their partners died in a plane crash, arguing an "aviation exclusion" either doesn't apply or should be stricken altogether.
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September 19, 2025
Feds Say Court Can't Stop Voice Of America Layoffs
The U.S. government agency that runs broadcaster Voice of America urged a D.C. federal judge not to hold that an order to fulfill its mandate as a news source blocks it from carrying out imminent layoffs, opposing an enforcement bid by unions and employees including VOA's director.
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September 19, 2025
Wash. Biz Owner Sexually Harassed Bikini Baristas, AG Says
The owner of several Seattle-area "bikini barista" espresso stands has been hit with a sweeping employment discrimination suit claiming he made women strip naked in front of him during job interviews, provide sexual favors to keep their hours and get paid, and perform similar nude "shows" for customers. Â Â
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September 19, 2025
Pot Cos. Not Covered In Death Suit, Berkshire Hathaway Says
A Berkshire Hathaway unit has no duty to defend a group of cannabis companies in an underlying suit over a worker's death, the insurer told a Florida federal court Friday, arguing that the suit does not allege that the companies were the employers of the worker as required to trigger coverage.
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September 19, 2025
ÃÛÌÒÊÓÆµ Union Drops Suit Over DOGE Access To Worker Data
The National Treasury Employees Union on Friday dropped a lawsuit seeking to block Department of Government Efficiency access to personnel data at the Consumer Financial Protection Bureau, a move that comes as the union assesses next steps in its other, higher-profile challenge to the consumer agency's downsizing.
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September 19, 2025
WorldQuant Predictive CEO Loses $691K Attorney Fee Appeal
A Connecticut appeals court on Friday refused to uproot an arbiter's $691,000 attorney fee award in favor of WorldQuant Predictive Technologies LLC and against its ousted CEO, agreeing the arbiter neither exceeded the scope of the questions presented to him nor manifestly disregarded the law.
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September 19, 2025
Mass. Trash Hauler, Union End 82-Day Strike With 5-Year Deal
The International Brotherhood of Teamsters Local 25 and trash hauler Republic Services announced Friday that they have agreed to a new five-year contract, ending an 82-day strike that sparked multiple lawsuits and left more than a dozen greater Boston communities as well as commercial customers with limited or no trash collection for most of the summer.
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September 19, 2025
NFL Warns Arb. Ruling Could Disrupt Sports Dispute Process
The NFL has asked the Second Circuit for a rehearing on its finding that the league provides arbitration "in name only" because its process lacks neutrality, arguing that the decision will disrupt long-standing procedures across professional sports and undermine a league's authority to resolve disputes.
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September 19, 2025
Fed Workers Can Telework For Religious Reasons, DOJ Says
Federal employees should be allowed to telework occasionally for religious reasons, even after President Donald Trump's January executive order requiring in-person attendance for government workers, the U.S. Department of Justice said.
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September 19, 2025
Air Charter Co. Says Rival Bribed Ex-Worker For Insider Info
Air charter broker XO Global sued its competitor Jet365 in Miami, claiming the rival bribed a onetime XO sales employee to steal confidential business information that allowed Jet365 to redirect millions of dollars' worth of charter flights to itself.
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September 19, 2025
Texas Judge Sends Another Buzbee, Jay-Z Suit To State Court
A federal judge in Texas has remanded back to state court a lawsuit accusing Quinn Emanuel Urquhart & Sullivan LLP of trying to destroy well-known attorney Tony Buzbee's reputation in retaliation for a lawsuit in which Buzbee's client accused rapper Jay-Z of child rape.
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September 19, 2025
Union's $3.5M OT Pension Suit Win Overturned At 3rd Circ.
The Third Circuit overturned Friday a pipe fitters and plumbers union local's $3.5 million win in a dispute with a commercial real estate company over pension contributions related to overtime hours, holding that the parties' collective bargaining agreements didn't obligate the employer to pay additional benefits.
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September 19, 2025
Law Firm Seeks To Ax Suit From Ex-OneTaste Staffer
Kohn Swift & Graf PC is urging a Pennsylvania federal court to toss a former client's legal malpractice suit alleging the firm was negligent when it represented her in connection with a federal subpoena related to an investigation into sexual wellness company OneTaste, saying her negligence claims are "exceptionally vague."
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September 19, 2025
Off The Bench: Briefings On Trans Ban, New Kalshi Conflicts
In this week's Off The Bench, the U.S. Supreme Court receives initial briefs from West Virginia and Idaho regarding their bans on gender identity-based participation in school sports, Kalshi is taken to court by another state over its event contract offerings, and Washington, D.C.'s National Football League team takes a major step toward returning to its namesake city.
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September 19, 2025
NJ DOL Snags $19M From Lyft After Misclassification Audit
Lyft shelled out more than $19 million after an audit by the New Jersey Department of Labor and Workforce Development found that the ride-hailing company misclassified more than 100,000 drivers as independent contractors, the agency announced this week.
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September 19, 2025
Former Immigration Judge's Bias Suit Gets Trimmed In Fla.
A Florida federal judge has trimmed multiple counts from a former immigration judge's discrimination lawsuit, finding that she failed to back up her bias claims.
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September 19, 2025
Truck Dealer's Union Rebukes Were Illegal, NLRB Judge Says
Linked businesses that service and sell trucks at an Illinois dealership violated federal labor law by twice rebuking their workers' union, the first time by carving certain workers out of a combined unit and the second by ceasing recognition altogether, a National Labor Relations Board judge said this week.
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September 19, 2025
Fired Public Housing CEO Sues NC City, Alleging Racial Bias
The former CEO of a North Carolina city's public housing authority has hit the city and authority board with a race discrimination and breach of contract suit, alleging in North Carolina federal court that the defendants violated her work contract because she's an African American woman.
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September 19, 2025
Google Must Face Suit Over Mideast Protest Firings
Google managed to narrow, but couldn't knock out, a proposed class action challenging the firings of employees who protested the company's connections to the Israeli military, as a California federal court said it's too soon to decide if the in-office dissent lost the protection of federal anti-retaliation law.
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September 19, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen brokerage firm ADS Securities file a fresh claim against German entrepreneur Lars Windhorst, AmTrust and Endurance Worldwide Insurance tackle an ongoing £50 million ($67 million) dispute over a failed litigation and insurance scheme, and Howard Kennedy LLP sue the son of a diamond tycoon over a £3.1 million legal bill.Â
Expert Analysis
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DOJ's New Initiative Puts Title IX Compliance In Spotlight
Following the federal government's recent guidance regarding enhanced enforcement of discrimination on the basis of sex, organizations should evaluate whether they fall under the aegis of Title IX's scope, which is broader than many realize, and assess discrimination prevention opportunities, say attorneys at Foley & Lardner.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.
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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.
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RI Menopause Law Brings New Considerations For Employers
Rhode Island becoming the first state to provide express antidiscrimination and accommodation protections for employees' menopause-related conditions may be a bellwether for similar protections in other jurisdictions, so employers should consider that while such benefits may improve recruitment and retention, complications may arise from voluntarily adding them, say attorneys at Proskauer.
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Evaluating The SEC's Rising Whistleblower Denial Rate
The rising trend of U.S. Securities and Exchange Commission whistleblower award claim denials represents a departure from the SEC's previous track record and may reflect a more conservative approach to whistleblower award determinations under the current administration, say attorneys at Troutman Pepper.
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7th Circ. FLSA Notice Test Adds Flexibility, Raises Questions
In Richards v. Eli Lilly, the Seventh Circuit created a new approach for district courts to determine whether to issue notice to opt-in plaintiffs in Fair Labor Standards Act collective actions, but its road map leaves many unanswered questions, says Rebecca Ojserkis at Cohen Milstein.
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Trump NLRB Picks May Usher In Employer-Friendly Precedent
If President Donald Trump's National Labor Relations Board nominees are confirmed, the board would regain a quorum with a Republican majority and would likely reverse several union-friendly decisions, but each nominee will bring a unique perspective as to how the board should operate, say attorneys at BakerHostetler.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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DOJ Memo Shifts Interpretation Of Discrimination Laws
While the recent memorandum targeting federal funding recipients' unlawful discrimination reiterates some long-standing interpretations of antidiscrimination law, it takes stronger positions on facially neutral practices and race-conscious recruiting that federal courts and prior administrations have not treated as unlawful, say attorneys at Pillsbury.
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5 Key Steps To Prepare For Oral Arguments
Whether presenting oral arguments before the U.S. Supreme Court or a local county judge, effective preparation includes the same essential ingredients, from organizing arguments in blocks to maximizing the potential of mock exercises, says Allison Rocker at Baker McKenzie.
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Navigating Conflicts Of Interest In H-1B Worker Terminations
Given a current uptick in removal proceedings and shortened lawful grace periods for terminated H-1B workers, immigration attorneys should take specific steps in order to effectively manage dual representation and safeguard the interests of both employers and employees, says Cyrus Mehta at Cyrus D. Mehta & Partners.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Union Interference Lessons From 5th Circ. Apple Ruling
The Fifth Circuit's recent holding that Apple did not violate the National Labor Relations Act during a store's union organizing drive provides guidance on what constitutes coercive interrogation and clarifies how consistently enforced workplace policies may be applied to union literature, say attorneys at Proskauer.