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Employment
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October 29, 2025
Ohio Justices Revisiting Governor's Pandemic Aid Withdrawal
Ohio's participation in temporarily enhanced unemployment benefits during the early days of the COVID-19 pandemic will again go before the Ohio Supreme Court after the governor petitioned for review, arguing that state law doesn't force him to seek certain federal funds.
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October 29, 2025
Gov't Can't Nab Win Over Ophthalmologist's Equal Pay Suit
There is still an open question as to whether the government owes liquidated damages, benefits and some back pay to a Department of Veterans Affairs ophthalmologist who claimed she was paid less than male colleagues, a U.S. Court of Federal Claims judge found.
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October 29, 2025
Tesla Urges Del. Justices To Cut $176M Atty Fee In Options Suit
Warning of a "shaking of public confidence," a Tesla Inc. attorney on Wednesday asked Delaware's Supreme Court to cut a $176.2 million class attorney fee award to $40 million in a case that saw Delaware's chancellor cancel $730 million in the electric car company's director stock options.
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October 29, 2025
Energy Co. Asks 3rd Circ. To Undo Union Arbitration Ruling
A nuclear power plant operator told a Third Circuit panel Wednesday that a healthcare plan dispute with union workers should not be considered arbitrable because it stemmed from an old agreement that fell outside the collective bargaining agreement's arbitration provision.
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October 29, 2025
Netflix Settles Former India Legal Director's Gender Bias Suit
Netflix has settled a wrongful termination and gender discrimination suit filed by the company's former director of business and legal affairs in India, according to a Los Angeles County Superior Court filing.
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October 29, 2025
Ex-Morgan Stanley Workers Say DOL Pay Plan Opinion Flawed
U.S. Department of Labor guidance that said a Morgan Stanley deferred compensation plan wasn't protected by federal benefits law ignored court rulings and gives the banking giant an unfair advantage in arbitration proceedings, a trio of ex-employees said in New York federal court.
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October 29, 2025
Trial Evidence Backs Tossed Claims, Ex-Housing Worker Says
A former coordinator for the public housing authority in Charlotte, North Carolina, who won a $2.34 million verdict against her one-time employer for negligently retaining a supervisor who created a hostile work environment is looking to revive a host of claims that a federal judge threw out before the trial.
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October 29, 2025
'Smart Drugs' Amphetamine Suit Moves Forward Minus Execs
A Washington federal judge declined to trim claims from a former army nurse's suit alleging that Thesis "smart drugs" contained amphetamines without warning consumers, while dismissing her claims against two executives for the company.
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October 29, 2025
Groups Drop Challenge To Minn. Misclassification Law
Trade groups that challenged a Minnesota independent contractor classification law have dropped their lawsuit in federal court after an Eighth Circuit panel had turned down their arguments that the law was unconstitutionally vague.
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October 29, 2025
Capital One Cuts Deal To End OT Misclassification Suit
Capital One will pay $20,000 to end a former learning associate's suit accusing the bank of misclassifying her as overtime-exempt, with a Virginia federal judge signing off on the deal.
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October 29, 2025
DHS Ends Automatic Work Permit Extensions
The U.S. Department of Homeland Security on Wednesday unveiled an interim final rule to end automatic extensions for expiring work permits for which renewal applications have been filed.
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October 28, 2025
9th Circ. Upholds NLRB Ruling On Wage Talk Firing
The Ninth Circuit on Tuesday backed the National Labor Relations Board's order finding that a Phoenix apartment complex manager illegally terminated an employee for discussing his wages with colleagues, which qualifies as protected activity, rejecting the manager's argument the employee was fired because of the quality of his work.
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October 28, 2025
Off-Label Prescribing Was Common, Novo Nordisk Tells Jury
A whistleblower suing drugmaker Novo Nordisk for allegedly defrauding Washington state's Medicaid system acknowledged from the witness stand Tuesday that she previously prescribed hemophilia drugs for off-label use in her own practice — despite concerns she raised in her lawsuit about other doctors' off-label prescription of Novo Nordisk's drug NovoSeven.
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October 28, 2025
Trump Admin Ordered To Halt Some Shutdown-Linked Layoffs
A California federal judge on Tuesday granted a preliminary injunction to eight unions for federal workers who lost their jobs during the government shutdown, saying they were likely to succeed on their claims that the Trump administration's actions were "political retribution" and unlawful.
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October 28, 2025
Bias Claims From Worker Who Failed Drug Test Can Proceed
A Pennsylvania federal judge narrowed, but didn't throw out, a disability bias suit from a hospital worker who said he was fired after failing a drug test because he took cannabidiol gummies for a spinal condition, saying a reasonable jury might conclude his disability earned him harsher treatment.
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October 28, 2025
Justices Told 9th Circ. Erred In ERISA Claim Release Fight
A microchip company urged the U.S. Supreme Court to review a Ninth Circuit decision reversing the company's win in a dispute from ex-workers alleging they were cheated out of severance benefits following a merger, arguing the appellate court's decision finding claim releases were unenforceable had deepened a circuit split.
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October 28, 2025
Atlanta Co. Dodges OT Pay With 'Affiliate' Scheme, Suit Says
One of the largest event management companies in Atlanta has been hit with a proposed class action in federal court for allegedly refusing to pay its employees any overtime on the basis that it is a seasonal business providing "amusement or recreational services."
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October 28, 2025
Engineer Must Give Shipbuilders No-Poach Witness Names
A Virginia federal magistrate judge ordered a naval engineer to name all the witnesses her attorneys spoke to, and all the information about those interviews, as the nation's largest military shipbuilders seek to argue she's too late to accuse them of agreeing not to poach each other's workers.
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October 28, 2025
Ebix Wants Ex-CEO's Revenge Porn Blackmail Suit Tossed
Georgia-based software firm Ebix Inc. asked a federal judge to dismiss a lawsuit filed against it by its ousted former CEO, who alleged the company's director tried to blackmail him into dropping a suit over his severance pay by threatening to release "intimate images" of him and his wife.
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October 28, 2025
Va. Justices Urged To Restore Record $2B Trade Secrets Win
A software company fighting to regain a $2 billion trade secrets award urged the Virginia Supreme Court on Tuesday to affirm the verdict, arguing that an appellate court was wrong to disturb the conclusions from jurors and the trial judge.
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October 28, 2025
1st Circ. Rejects Ex-SSA Atty's Appeal Over Firing
A mistakenly issued decision by one administrative review panel does not reopen the door for a former Social Security Administration staff attorney to challenge another panel's confirmation of his firing, the First Circuit ruled.
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October 28, 2025
Curaleaf Asks For Quick Action On NJ Pot Shop Union Rule
Cannabis giant Curaleaf's ability to operate in New Jersey could be in jeopardy by the end of the week, it told a federal judge Tuesday when seeking an expedited hearing on its motion to block the state's cannabis regulator from requiring the company to adopt labor peace agreements with unions.
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October 28, 2025
Full 5th Circ. To Rehear West Texas A&M Drag Ban Case
The full Fifth Circuit has agreed to rehear an LGBTQ+ student organization's challenge to the West Texas A&M University's ban on campus drag shows, after a split panel in August tossed a decision allowing the university to continue its ban.
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October 28, 2025
Apple Says Fintiv IP, Racketeering Case Belongs In Texas
Apple Inc. is arguing that Texas, not Georgia, federal court is the right forum for Fintiv Inc.'s lawsuit accusing the technology giant of trade secret theft and racketeering, saying Fintiv is trying to repackage patent litigation from the Lone Star State, where Apple was partially cleared.
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October 28, 2025
Tax Software Co. Denies Poaching Rival's Workers
Tax preparation software company Avalara asked a Pennsylvania federal court to deny claims by a competitor that it illegally lured workers with generous job offers, saying it did not unfairly compete or interfere with the competitor's contracts as it claimed.
Expert Analysis
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Cos. Must Tailor Due Diligence As Trafficking Risks Increase
As legislators, prosecutors and plaintiffs attorneys increasingly focus on labor and sex trafficking throughout the U.S., companies must tailor their due diligence strategies to protect against forced labor trafficking risks in their supply chains, say attorneys at Steptoe.
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Series
Creating Botanical Art Makes Me A Better Lawyer
Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.
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What To Expect As Calif. Justices Weigh Arbitration Fee Law
If the California Supreme Court’s upcoming ruling in Hohenshelt v. Superior Court holds that the Federal Arbitration Act does not preempt the California Arbitration Act's strict fee deadlines, employers and businesses could lose the right to arbitrate over minor procedural delays, say attorneys at Bird Marella.
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New Federal Worker Religious Protections Test All Employers
A recent Trump administration memorandum expanding federal employees' religious protections raises tough questions for all employers and signals a larger trend toward significantly expanding religious rights in the workplace, say attorneys at Seyfarth.
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Compliance Is A New Competitive Edge For Mortgage Lenders
So far, 2025 has introduced state and federal regulatory turbulence that is pressuring mortgage lenders to reevaluate the balance between competitive and compliant employee and customer recruiting practices, necessitating a compliance recalibration that prioritizes five key strategies, say attorneys at Mitchell Sandler.
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Noncompete Forecast Shows Tough Weather For Employers
Several new state noncompete laws signal rough conditions for employers, particularly in the healthcare sector, so employers must account for employees' geographic circumstances as they cannot rely solely on choice-of-law clauses, say lawyers at McDermott.
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.
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Opinion
Calif. Must Amend Trade Secret Civil Procedure
A California procedural law that effectively shields trade secret defendants from having to return company materials until the plaintiff can craft detailed requests must be amended to recognize that property recovery and trade secret analysis are distinct issues, says Matthew Miller at Hanson Bridgett.
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.
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Navigating Administrative Exhaustion In EEOC Charges
Excerpt from
Before responding to a U.S. Equal Employment Opportunity Commission charge, employers should understand the process of exhausting administrative remedies and when it applies, and consider several best practices, such as preserving records and crafting effective position statements, says Matthew Gagnon at Ogletree.
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Opinion
Section 1983 Has Promise After End Of Nationwide Injunctions
After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.
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Corp. Human Rights Regulatory Landscape Is Fragmented
Given the complexity of compliance with nations' overlapping human rights laws, multinational companies need to be cognizant of the evolving approaches to modern slavery transparency, and proposals that could reduce mandatory due diligence and reporting requirements, say attorneys at Simpson Thacher.
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Justices' Decision Axing Retiree's ADA Claim Offers Clarity
The U.S. Supreme Court's holding in Stanley v. City of Sanford that protections under Title I of the Americans with Disabilities Act don't extend to retirees potentially limits liability by giving employers additional support to challenge complaints, and highlights the need for proactive policy management to mitigate risk, say attorneys at Jackson Lewis.
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What To Know About NCAA Deal's Arbitration Provisions
Kathryn Hester at Jones Walker discusses the key dispute resolution provisions of the NCAA's recently approved class action settlement that allows for complex revenue sharing with college athletes, breaking down the arbitration stipulations and explaining how the Northern District of California will handle certain enforcement, administration, implementation and interpretation disputes.
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Texas Med Spas Must Prepare For 2 New State Laws
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.