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Employment
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January 15, 2025
Boston Lawyers Accused Of Bungling Exec's Bias Claim
A former executive at roofing manufacturer GAF Materials is accusing her former lawyers of mishandling a potential age and gender discrimination case by failing to meet a key procedural deadline, according to a lawsuit filed in Massachusetts state court.
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January 15, 2025
High Court Says FLSA Doesn't Get Higher Evidence Standards
The Fair Labor Standards Act's exemptions do not call for heightened evidence standards, the U.S. Supreme Court ruled Wednesday in a case that highlighted the make-or-break importance of burdens of proof.
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January 15, 2025
Trump Chooses Former DOL Official As Its Deputy Secretary
President-elect Donald Trump said late Tuesday he plans to nominate former EEOC Commissioner and Department of Labor official Keith Sonderling for deputy labor secretary, the second-in-command at the DOL.
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January 14, 2025
Wells Fargo Fights To Drop Officers From Investors' Bias Suit
Wells Fargo & Co. urged a California federal judge Tuesday to free three executives from a derivative lawsuit filed by shareholders claiming the bank's leadership failed to address the company's discriminatory lending and hiring practices, saying there are no allegations that explain why a presuit demand to the board would have been futile.
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January 14, 2025
'Not Afraid Of Question Presented,' Atty Tells Irked Justices
As the U.S. Supreme Court on Tuesday analyzed judicial powers to reopen dismissed cases, a Halliburton attorney sought to steer oral arguments toward questions the high court hadn't agreed to address, testing some justices' patience and eventually prompting the attorney to insist he wasn't "afraid of the question presented."
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January 14, 2025
Wash. Co. Says Titan Sub Implosion Claims Should Be Tossed
A Washington state-based company that allegedly helped construct the Titan submersible that imploded en route to the Titanic wreck in 2023 has said certain maritime claims lodged by the family of one of the victims are invalid because he wasn't an employee of the company.
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January 14, 2025
Regal Cinemas, 'Vague Laws' Slowed BIPA Case, Judge Says
An Illinois federal magistrate judge blasted Regal Cinemas for discovery disputes in litigation alleging the movie theater chain violated a worker's rights under Illinois' biometric privacy law by collecting fingerprint scans without informed consent, saying "most if not all" of Regal's objections to her information requests "are completely out of place."
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January 14, 2025
GOP Objects To FTC Move To Protect Unionizing Gig Workers
The Democratic-led Federal Trade Commission held its final meeting before President-elect Donald Trump takes office next week, moving to protect unionizing gig workers and examine investor holdings in the single-family-housing market, while the Republican waiting to take the helm said the body should stop announcing new plans.
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January 14, 2025
Mastercard Agrees To $26M Deal In Hiring Bias Suit
Mastercard Inc. has agreed to shell out $26 million and change its hiring practices to put to rest a proposed class and collective action alleging sex, gender, race and ethnicity-based employment discrimination, according to a motion filed Tuesday, the same day the workers sued in New York federal court.
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January 14, 2025
NCAA, Big Ten Argue Ex-Players' $50M NIL Suit Too Late
The NCAA and Big Ten Network have asked a Michigan federal judge to toss a proposed class action from football players who are seeking more than $50 million in compensation for their names, images and likenesses, arguing their claims are untimely.
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January 14, 2025
Combs Wants Full Access To Sex Tapes As Trial Nears
Sean "Diddy" Combs said Tuesday that New York federal prosecutors are trampling on his trial preparation rights by limiting access to exculpatory video evidence that supposedly depicts "clearly consensual sex among willing adults" rather than sex-trafficking.
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January 14, 2025
New Probe Opened Into UAW Misconduct Claims, Report Says
A court-appointed monitor overseeing the United Auto Workers as part of a corruption case settlement said he launched a new investigation into misconduct claims against union officials, while noting the union has handed over requested documents.
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January 14, 2025
SEC Sues Elon Musk Over Late Twitter Buy-Up Disclosure
Elon Musk violated securities laws by failing to timely disclose his initial buy-up of Twitter stock ahead of his $44 billion acquisition of the company, allowing him to purchase shares at artificially low prices, the U.S. Securities and Exchange Commission alleged in a D.C. federal lawsuit filed Tuesday.
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January 14, 2025
8th Circ. Says Arb. Board Must Decide Worker Vacation Issue
A Missouri federal judge should have let an arbitration board decide whether a wrongfully fired railroad conductor qualified for paid vacation time after his reinstatement, the Eighth Circuit said Tuesday, reversing the judge's decision that the worker qualified and remanding the issue to the arbitration board.
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January 14, 2025
NAACP Says Ala. Law Banning DEI Is Unconstitutional
An Alabama law banning diversity, equity and inclusion from state schools and college campuses is unconstitutional, according to a Tuesday suit brought by a group of professors, students and the Alabama NAACP against the state's governor and its university system.
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January 14, 2025
John Deere Retailer Shirked OT Pay To Sales Staff, Suit Says
Ag-Pro, the self-described largest retailer of John Deere equipment in North America, was hit with a proposed collective action Monday by a sales employee who alleged the company willfully violated federal law by denying overtime pay to its salespeople.
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January 14, 2025
DOL Backs Uber Drivers' Bid To Revive Employment Case
The Department of Labor threw its support behind Philadelphia Uber Black drivers in their employment classification case, telling the Third Circuit that the lower court misapplied agency guidance in its dismissal of the long-running lawsuit against the ride-sharing company.
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January 14, 2025
CSX Fired Railway Safety Whistleblower, Suit Says
A former maintenance manager with CSX Transportation hit the company with a lawsuit in Georgia federal court alleging his complaints about lapses in railway safety were met with "screaming, cussing, and hollering" before his eventual firing last year while he was out on medical leave.
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January 14, 2025
Detroit Tigers Age Bias Suit Paused, Will Wait On NY Case
A Michigan federal judge paused a suit from two former Detroit Tigers scouts who said they were fired as part of a systemic push to get rid of older employees, saying she did so due to a similar case that is pending in New York.
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January 14, 2025
Insurer Says It Owes No Coverage In Pot Co. Death Suit
Trisura Specialty Insurance Co. has told a Florida federal court exceptions to Trulieve Inc.'s insurance policy relieve it from having to defend the cannabis company from a wrongful death suit.
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January 14, 2025
10th Circ. Rolls Back University's Win In Race, Sex Bias Suit
The Tenth Circuit revived a race and sex bias suit Tuesday from a Native American worker who said a university fired her after she faced discrimination and complained about it, stating she did enough to cast doubt on the institution's rationale that poor performance caused her termination.
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January 14, 2025
NJ State Court Exec Alleges Retaliatory Probe, Firing
A former assistant finance manager for Essex County Superior Court in New Jersey has sued the vicinage and its trial court administrator, alleging that in retaliation for reporting a colleague's racist remark she was subjected to a discriminatory investigation and ultimately terminated.
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January 14, 2025
Attys Say Conn. Firm's Vexatious Litigation Claims Can't Stand
A pair of attorneys have urged a Connecticut state judge to reject claims that they filed a frivolous unfair trade practices lawsuit against Hayber McKenna & Dinsmore LLC, arguing that the firm failed to show the case had been terminated in its favor.
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January 14, 2025
Police Commissioners Must Face Bulk Of Officers' OT Suit
A Pennsylvania federal judge refused to throw out the majority of a proposed class action from ranking officers accusing the Philadelphia Police Department of failing to alert them of their overtime eligibility, but determined that municipal policies providing for certain overtime pay do not constitute a contract.
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January 14, 2025
Allred Seeks To Ax 'Absurd' Defamation Suit Over Diddy Case
High-profile women's rights litigator Gloria Allred and her client have fired back at Sean "Diddy" Combs' former head of security, calling his defamation claims arising from the rape suit they filed against him and the embattled music mogul "absurd" and worthy of sanctions.
Expert Analysis
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What 2024's Noncompete Turmoil Means For Banks In 2025
A look back at the most significant legal challenges to the enforceability of various restrictive covenants like noncompete and nonsolicitation agreements in 2024 can help financial institutions address the use of these critical tools this year, say attorneys at Maynard Nexsen.
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Lessons Learned From 2024's Top FMLA Decisions
Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.
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New Year, New Risks: 8 Top Cyber Issues For Finance In 2025
As financial institutions forge ahead in 2025, they must strike a delicate balance between embracing technological innovation and guarding against its darker threats, which this year could include everything from supply chain vulnerabilities to deepfakes, say attorneys at Baker Donelson.
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Lessons Learned From 2024's Top ADA Decisions
Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Lessons From The SEC's 2024 Crackdown On AI Washing
AI washing was the subject of increased scrutiny from the U.S. Securities and Exchange Commission in 2024 following a surge in the commercial adoption of generative artificial intelligence technologies in 2023, highlighting the importance of transparency, accuracy and accountability when communicating about AI, say attorneys at Perkins Coie.
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Identifying Deepfakes During Evidence Collection, Discovery
Excerpt from Practical Guidance
Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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5 Proactive Immigration Best Practices For Employers In 2025
Businesses that depend on foreign talent should take specific steps in anticipation of changes to federal immigration policies that could affect the H-1B visa and other programs, and likely require changes in organizational operations and compliance strategy, says Dustin O'Quinn at Ballard Spahr.
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Top 10 Employer Resolutions For 2025
While companies must monitor for policy shifts under the new administration in 2025, it will also be a year to play it safe and remember the basics, such as the importance of documenting retention policies and conducting swift investigations into workplace complaints, say attorneys at Lawrence & Bundy.
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NLRB Likely To Fill Vacuum After NMB Jurisdiction Ruling
The National Mediation Board's recent ruling in Swissport Cargo Services LP abandoned decades of precedent by concluding the Railway Labor Act doesn’t apply to airline service providers, likely leading the National Labor Relations Board to assert its jurisdiction instead and potentially causing more operational disruptions and labor strife, say attorneys at Morgan Lewis.
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What To Expect From EEOC Next Year After An Active 2024
While highlights this year for the U.S. Equal Employment Opportunity Commission include its first-ever Pregnant Workers Fairness Act cases and comprehensive workplace harassment guidance, the question for 2025 is whether the commission will sustain its momentum or shift its focus in a new direction, says Shannon Kelly at GrayRobinson.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024 Has Been A Momentous Year For ESG
Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.
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Opinion
A New Tax On Employers Could Help Curb Illegal Immigration
To better enforce the law against hiring immigrants unauthorized to work in the U.S., Congress should enact a punitive excise tax on compensation paid to such immigrants and amend the False Claims Act to allow qui tam actions against employers for failure to pay such tax, says Ajay Gupta at Moore Tax Law Group.