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Employment
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May 16, 2025
DC Circ. Judges Skeptical Of Blockade On ÃÛÌÒÊÓÆµ Mass Layoffs
A D.C. Circuit panel majority Friday sounded inclined to lift lower court restrictions on what the Trump administration contends is its lawful push to "radically downsize" the Consumer Financial Protection Bureau, potentially clearing the way for mass layoffs of its staff.
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May 16, 2025
ASPCA Ex-CFO Links Firing To His Whistleblower Complaints
The former chief financial officer of the American Society for the Prevention of Cruelty to Animals has alleged that he was fired in retaliation for raising questions about the nonprofit's expenditure of donor funds and misuse of animal transport vehicles, in violation of New York's whistleblower law and New Jersey's Conscientious Employee Protection Act.
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May 16, 2025
Workday Hiring Bias Suit Wins Collective Status
A California federal judge on Friday agreed to certify a collective action of job applicants over 40 who claim they were illegally steered away from jobs by a Workday hiring tool, finding that whether Workday discriminated on the basis of age is a question that "cuts across" the collective.
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May 16, 2025
Zurich American Says Ex-Liability Head Poached Workers
Zurich American Insurance Co. has sued its former New York City-based head of management liability for allegedly poaching two employees by luring them to rival Everest Insurance when he took a new gig there, in violation of a one-year nonsolicitation agreement.
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May 16, 2025
NJ Transit Calls Unions' Refusal To Cross Picket Line Unlawful
NJ Transit has hit two unions with lawsuits in New Jersey federal court over a rail strike that began Friday, accusing a Teamsters unit and the American Train Dispatchers Association of violating the Railway Labor Act by refusing to cross another Teamsters unit's picket line.
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May 16, 2025
SEC's Atkins Previews Possible Changes To CEO Pay Rules
U.S. Securities and Exchange Commission Chair Paul Atkins announced Friday the agency plans to review rules requiring public companies to report the earnings of CEOs and other high-level executives, highlighting a possible area of regulatory change for the now Republican-led commission.
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May 16, 2025
Employment Authority: What Unions Face With Trump EOs
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with labor relations experts' take on tactics unions need as they face impacts from President Donald Trump's executive orders, a look at ongoing lawsuits from the legal strategist who pursued the U.S. Supreme Court case that ended affirmative action in college admissions and tips for handling the update to New York's frequency of pay law.
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May 16, 2025
Trump Calls On Justices To Stay Block Of Gov't Restructuring
President Donald Trump asked the U.S. Supreme Court on Friday to pause a California federal judge's order temporarily halting agencies from implementing an executive order to plan reorganizations and reductions in force, claiming the lower court's decision has caused confusion and wasted taxpayer dollars.
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May 16, 2025
NLRB Acting GC Narrows Remedy Asks In Settlement Talks
National Labor Relations Board acting general counsel William Cowen instructed regional officials on Friday to exercise more discretion over the remedies they pursue when seeking to settle cases, walking back instructions from his predecessor to seek maximum remedies in settlements.
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May 16, 2025
DC Circ. Probes Agency Power In Labor Firings Appeal
A D.C. Circuit panel grappled Friday with the extent of the president's power to fire federal officials with the U.S. Supreme Court's views in flux, with two judges straining to pin the government's attorney down on what divides agencies Congress can insulate and those it can't.
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May 16, 2025
Mich. Judge Gives Final OK To $55M Pandemic Aid Deal
A Michigan state judge has granted final approval to a $55 million settlement between the Michigan Unemployment Insurance Agency and people who allege their benefits were improperly clawed back without notice during the pandemic.
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May 16, 2025
Insurer Asks 7th Circ. To Revise BIPA Coverage Ruling
A Hanover Insurance unit urged the Seventh Circuit on Friday to revise a ruling that it must indemnify a condiment manufacturer in an underlying biometric privacy suit if notice was timely, saying the court improperly relied on a settlement that wasn't part of the trial record.
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May 16, 2025
Illumina Accuses Ex-Workers' Co. Of Infringing Gene Tech IP
Biotechnology giant Illumina Inc. filed a lawsuit Thursday against Element Biosciences in Delaware federal court, accusing the company founded by former Illumina employees of infringing five patents related to automated gene sequencing technology.
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May 16, 2025
Off The Bench: NIL Objectors, NFL's Bluesky Beef, Dick's Deal
In this week's Off The Bench, the NCAA's pending $2.78 billion name, image and likeness rights settlement faces another round of objections, the NFL shreds an antitrust suit accusing it of boycotting Bluesky and retail giant Dick's Sporting Goods makes a 10-figure splurge for Foot Locker.
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May 16, 2025
9th Circ. Upholds California's Employee Classification Test
California's worker-friendly employee classification test doesn't violate the dormant commerce and equal protection clauses of the U.S. Constitution, the Ninth Circuit ruled Friday, upholding the lower court denial of a preliminary injunction.
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May 16, 2025
Merchandising Co., Ex-Exec Drop Suit Over $47M Lowe's Deal
A merchandising company has dropped its lawsuit against a former executive it accused of exploiting trade secrets to sabotage a $47 million deal with home improvement giant Lowe's, according to a stipulation of dismissal filed Thursday.
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May 16, 2025
9th Circ. Won't Reopen Ex-Police Officer's Religious Bias Suit
The Ninth Circuit refused to revive a former police officer's lawsuit claiming an Arizona town fired him because it believed he was a member of the Fundamentalist Church of Jesus Christ of Latter-Day Saints, saying his allegations weren't detailed enough to stay in court.
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May 16, 2025
Stris & Maher Taps DOL Appellate Chief For ERISA Litigation
Trial and appellate litigation boutique Stris & Maher LLP has expanded its Employee Retirement Income Security Act litigation practice with the addition of a veteran U.S. Department of Labor attorney.
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May 16, 2025
Trucking Co. Worker Says Tobacco Surcharge Violates ERISA
An employee of Marten Transport Ltd. is suing the trucking company in Wisconsin federal court, alleging that a tobacco surcharge in its health plan violates federal antidiscrimination law.
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May 16, 2025
EEOC's Take On Trans Rights Conflicts With Law, Judge Says
The U.S. Equal Employment Opportunity Commission exceeded its authority when it laid out its worker-friendly take on the U.S. Supreme Court's Bostock opinion, a Texas federal judge found, striking down parts of agency anti-harassment guidance that interpreted the landmark ruling's implications for gay and transgender workers.
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May 15, 2025
7th Circ. Weighs AbbVie Whistleblower's Drug Marketing Suit
A Seventh Circuit judge questioned whether a former AbbVie employee has plausibly alleged whistleblower retaliation in a false claims case and whether the drugmaker was holding his complaint to too high a standard Thursday as he explored whether a lower court's dismissal ruling should stand.
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May 15, 2025
Harvard Alum Drops Antisemitism Suit Over Campus Incidents
A former Harvard University student has voluntarily dismissed his suit over the Ivy League school's handling of antisemitic incidents on campus, according to a stipulation of dismissal filed Thursday in Massachusetts federal court.
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May 15, 2025
'It Ends With Us' Producers Must Hand Over Net Worth Docs
Justin Baldoni and other producers of "It Ends With Us" must turn over to Blake Lively financial records showing their net worth in the legal battle between the film's stars, a New York federal judge has ruled, saying the information is fair game since Baldoni's side claims to have lost $400 million due to Lively's alleged smear campaign.
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May 15, 2025
NC Judge Warns Of Airing 'Dirty Laundry' In Doctors' Pay Clash
A North Carolina business court judge on Thursday told a group of anesthesiologists and their business partners to seriously consider mediating a dispute over compensation, cautioning that if they choose to litigate, they should "be prepared for their dirty laundry to be aired for everyone to see."
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May 15, 2025
SEC Cuts $512K Deal To End Atty's Racial Bias Suit
The U.S. Securities and Exchange Commission has agreed to pay $512,500 to end a former commission lawyer's discrimination claims alleging she was denied a promotion due to her race and age, according to court documents filed in Pennsylvania federal court on Thursday.
Expert Analysis
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Perspectives
The Benefits Of Aligning States On Legal Paraprofessionals
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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11 Tips For Contractors Dealing With DOD Staff Reductions
Defense contractors should prepare for a wide range of disruptions related to procurement and contract administration that are likely amid federal workforce reductions, say attorneys at Covington.
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GC Nominee Likely Has Employer-Friendly NLRB Priorities
President Donald Trump’s nomination of Crystal Carey as general counsel of the National Labor Relations Board indicates the administration's intent to revive precedents favorable to employers, including expansion of permissible employer speech and reinstatement of procedural steps needed for employees to achieve unionization, say attorneys at Vorys.
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A Close Look At The Rescinded Biden-Era NLRB Memos
National Labor Relations Board acting general counsel William Cowen's recent decision to rescind several guidance memoranda from his predecessor signals that he aims to move the board away from expanding organizing rights and to provide more room for employers to protect their operations and workforce, say attorneys at Holland & Knight.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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6 Criteria Can Help Assess Executive Branch Actions
With new executive policy changes announced seemingly every day, several questions can help courts, policymakers and businesses determine whether such actions are proper, effective and in keeping with our democratic norms, say Marc Levin and Khalil Cumberbatch at the Council on Criminal Justice.
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5 Key Issues For Multinational Cos. Mulling Return To Office
As companies increasingly revisit return-to-office mandates, multinational employers may face challenges in enforcing uniform RTO practices globally, but several key considerations and practical solutions can help avoid roadblocks, say attorneys at Baker McKenzie.
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End May Be In Sight For Small Biz Set-Aside Programs
A Jan. 21 executive order largely disarming the Office of Federal Contract Compliance Programs, along with recent court rulings, suggests that the administration may soon attempt to eliminate set-asides intended to level the award playing field for small business contractors that qualify under socioeconomic programs, say attorneys at Alston & Bird.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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What The Minimum Wage Shift Means For Gov't Contractors
While President Donald Trump's recent executive order rescinding a 2021 increase to the federal contractor minimum wage is welcome relief to some federal contractors and settles continued disagreement about its legality, there remains significant uncertainty and pitfalls over contractor wage obligations, say attorneys at Polsinelli.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Defense Strategies After Justices' Personal Injury RICO Ruling
In Medical Marijuana v. Horn, the U.S. Supreme Court recently held that the Racketeer Influenced and Corrupt Organizations Act can be invoked by some plaintiffs with claims arising from personal injuries — but defense counsel can use the limitations on civil RICO claims to seek early dismissal in such cases, say attorneys at Debevoise.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.