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Employment
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September 11, 2025
Industrial Tech Co. Sanctioned For Deleted Texts In Title VII Suit
A New York federal judge has sanctioned ultrasonic testing company Sonotec after two of its staff members were found to have deleted text messages about a former employee who is pursuing sexual harassment retaliation claims against the company, finding they should have known litigation was imminent at the time they erased the correspondence.
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September 11, 2025
7th Circ. Backs $183M FCA Award Over Eli Lilly Drug Rebates
The Seventh Circuit refused on Thursday to unwind a whistleblower's $183 million trial win against Eli Lilly in a false claims case targeting more than a decade of drug rebate miscalculations, saying a jury reasonably found that the company knowingly "hid the truth" about how much it charged for Medicaid-covered drugs.
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September 11, 2025
McDonald's Loses Bid To Force Insurer To Cover Legal Fees
An Illinois federal judge ruled Wednesday that Homeland Insurance Co. of New York doesn't have to cover the costs McDonald's incurred defending a former employee's violent workplace claims, saying the psychological harm that worker suffered doesn't amount to a physical, bodily injury that would have triggered coverage under the policy.
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September 11, 2025
Philly Police Seek Class Cert. In Emergency OT Pay Suit
A group of "ranking officers" in the Philadelphia Police Department on Thursday asked a federal judge to certify a class of approximately 230 current and former officers for their lawsuit alleging they weren't informed of their eligibility for overtime pay.
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September 11, 2025
UPS Avoids Fired Worker's Age, Gender Bias Suit
A North Carolina federal judge tossed an ex-UPS worker's suit claiming the delivery company fired him out of age and gender bias and because his retirement benefits were about to vest, ruling he failed to discredit his ex-employer's position that he was terminated for sexually harassing a trainee.
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September 11, 2025
23 States Back High Court Stay Of FTC Dem's Reinstatement
Florida and 22 other states have urged the U.S. Supreme Court to grant the Trump administration's request to block a Democratic member of the Federal Trade Commission from serving on the commission while she challenges her firing.
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September 11, 2025
Capital One Unit Can't Nix OT Misclassification Case
A Virginia federal judge ruled that a former Capital One employee can concurrently pursue claims under federal and state overtime laws, adding that the bank made some premature arguments when it tried to toss a suit accusing it of misclassifying learning associates as overtime-exempt.
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September 11, 2025
AI Co. Employee Says Complaining Of Sex Bias Got Her Fired
An artificial intelligence software developer fired a data scientist after she complained that colleagues had minimized her contributions, held her to different standards than male co-workers and subjected her to unwanted sexual advances, according to a lawsuit filed in New York federal court.
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September 11, 2025
Zeiss Secures $785K In X-Ray Patent Trial Against Sigray
Sigray Inc. is on the hook for $785,000 in damages after a finding in California federal court this week that it infringed X-ray imaging patents owned by Carl Zeiss X-Ray Microscopy Inc., but the jury also found that Sigray's infringement was not willful and refused to award any lost profits.聽
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September 11, 2025
4th Circ. Seems Wary Of Backing Freeze On Trump DEI Orders
A Fourth Circuit panel appeared reluctant Thursday to uphold an injunction blocking parts of President Donald Trump's executive orders that aimed to cut grants and rein in diversity programs among federal contractors, posing tough questions to the groups who claim the orders are unconstitutional.
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September 11, 2025
NYC Council Overrides Mayor's Vetoes On Workers' Pay
The New York City Council overrode Mayor Eric Adams' veto of two bills that establish a minimum pay for grocery delivery drivers and roll out protections for delivery drivers, putting the legislation back on track.
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September 11, 2025
Connecticut City HR Chief Loses Pay Cut Case
A Connecticut federal judge has dismissed constitutional claims against the city of Derby and declined to hear a state-level breach of contract claim from the human resources director who said her pay was cut improperly, finding that she is not owed the salary she demanded.
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September 11, 2025
Hyundai, Parts Co. Must Face DOL Child Labor Suit
Hyundai and a manufacturing company cannot avoid a U.S. Department of Labor suit accusing them of violating federal child labor law, an Alabama federal judge ruled while letting a now-defunct staffing company off the hook, saying an injunction against it would be futile.
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September 10, 2025
Class Action Atty Sanctioned For 'Egregious' Bogus Citations
A California federal judge has sanctioned a California class action attorney for filing a motion riddled with "egregious" erroneous citations, finding that the citations "bear the hallmarks" of cases hallucinated by artificial intelligence despite the lawyer's insistence that she'd never even heard of AI until opposing counsel made the accusation.
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September 10, 2025
En Banc 11th Circ. Ruling Hints At Broad Reach For Skrmetti
The Eleventh Circuit invoking a U.S. Supreme Court ruling that backed a Tennessee ban on gender-affirming care for minors to rule against a transgender Georgia sheriff's deputy who challenged her health plan's coverage exclusions invites lower courts to import the justices' rationale into workplace discrimination cases, experts say. 聽
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September 10, 2025
NJ Comptroller Targets Firm Linked To Exonerated Mogul
A New Jersey insurance brokerage founded by Democratic power broker George E. Norcross III violated public contracting laws and failed to disclose conflicts of interest to state regulators, according to a report by the state's Office of the State Comptroller.
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September 10, 2025
'Frustrated' Atty Accuses Judge Of Bias In Conn. Wage Suit
An exasperated attorney representing a class of Connecticut steakhouse servers accused a state court judge of improperly restricting the damages, calling her incompetent to preside over the case and putting on a display of courtroom conduct Wednesday that the judge said she had never witnessed before.
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September 10, 2025
6th Circ. Splits In Racial Bias Suit Over Hearsay Evidence
A divided Sixth Circuit panel upheld an elevator manufacturer's defeat of a former employee's retaliation suit Wednesday, saying a human resources representative's secondhand statement about the reason for the employee's termination was correctly kept out of the case.
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September 10, 2025
State AGs Back Trans Worker In Liberty U.'s 4th Circ. Appeal
A group of 19 states and Washington, D.C., urged the Fourth Circuit to back a trial court's decision to keep a former Liberty University employee's transgender bias case in court, arguing the religious university's interpretation of the First Amendment would decimate anti-discrimination efforts.
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September 10, 2025
Calif. Gig Worker Union Bill Sent To Newsom's Desk
A plan to give gig drivers in California the right to unionize and negotiate certain job terms and conditions is headed to Gov. Gavin Newsom's desk less than two weeks after state leaders reached a deal with Uber and Lyft to facilitate its passage.
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September 10, 2025
FTC Warns Healthcare Employers About Noncompetes
The Federal Trade Commission has sent letters warning healthcare employers and staffing companies not to include overly broad noncompete restrictions in their employment contracts and urged them to conduct a review to ensure they comply with the law.
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September 10, 2025
Unions' Challenge To Fed. Layoffs, Reorganizations Proceeds
The Trump administration must continue facing a union-backed challenge to its federal worker layoffs and agency reorganizations, a California federal judge ruled, tossing the administration's argument that the U.S. Supreme Court cast enough doubt on the suit's legitimacy by pausing an injunction to justify dismissing the case.
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September 10, 2025
Emirates Wants To Land Laid-Off Workers' Class Cert. Bid
A group of former Emirates employees should not receive class certification in their suit claiming the airline discriminated against American employees during its 2020 layoffs that they said were made without proper notice, the airline told a New York federal court.
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September 10, 2025
Trump To Take Fed Gov. Cook's Removal Case To DC Circ.
President Donald Trump on Wednesday told a Washington, D.C., federal judge that the government will appeal the judge's decision granting a temporary win to Federal Reserve Gov. Lisa Cook in her challenge to the president's attempt to remove her from her position.
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September 10, 2025
$36M DOL Award Unjustified, Nursing Homes Tell 3rd Circ.
A group of bankrupt nursing homes told a Third Circuit panel Wednesday that a nearly $36 million judgment against it for not paying employees overtime should be thrown out because the judge who ordered it found sweeping Fair Labor Standards Act violations across the company without the support of the evidence.
Expert Analysis
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How To Balance AI Adoption With Employee Privacy Risks
Excerpt from
As artificial intelligence transforms the workplace, organizations must learn to leverage AI's capabilities while safeguarding against employee privacy risks and complying with a complex web of regulations, including by vetting vendors, mitigating employee misuse and establishing a governance framework, say attorneys at Jackson Lewis.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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High Court ACA Ruling May Harm Preventative Care
The U.S. Supreme Court's decision in Kennedy v. Braidwood last week, ruling that the U.S. Department of Health and Human Services secretary has authority over an Affordable Care Act preventive care task force, risks harming the credibility of the task force and could open the door to politicians dictating clinical recommendations, says Michael Kolber at Manatt.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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New Law May Reshape Fla. Employer Noncompete Strategy
With Florida's CHOICE Act taking effect this week, employers should consider the pros and cons of drafting new restrictive covenant agreements with longer noncompete or garden leave periods and enhanced enforcement mechanisms, say attorneys at Vedder Price.
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Justices' Review Of Fluor May Alter Gov't Contractor Liability
The U.S. Supreme Court's decision to review Hencely v. Fluor, a case involving a soldier鈥檚 personal injury claims against a government contractor, suggests the justices could reconsider a long-standing test for determining whether contractors are shielded from state-tort liability, says Lisa Himes at Rogers Joseph.
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How Ending OFCCP Will Affect Affirmative Action Obligations
As President Donald Trump's administration plans to eliminate the Office of Federal Contract Compliance Programs, which enforces federal contractor antidiscrimination compliance and affirmative action program obligations, contractors should consider the best compliance approaches available to them, especially given the False Claims Act implications, say attorneys at Ogletree.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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Employer Best Practices For Navigating Worker Separations
As job cuts hit several major industries, employers should take steps to minimize their exposure to discrimination claims, information leaks and enforcement challenges, such as maintaining sound documentation, strategic planning and legal coordination, says Mark Romance at Day Pitney.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Del. Ruling May Redefine Consideration In Noncompetes
The Delaware Court of Chancery's conclusion in North American Fire v. Doorly, that restrictive covenants tied to a forfeited equity award were unenforceable for lack of consideration, will surprise many employment practitioners, who should consider this new development when structuring equity-based agreements, say attorneys at Morrison Foerster.
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FLSA Interpretation Patterns Emerge 1 Year After Loper Bright
One year after the U.S. Supreme Court's monumental decision in Loper Bright Enterprises v. Raimondo, four distinct avenues of judicial decision-making have taken shape among lower courts that are responding to their newfound freedom in interpreting the Fair Labor Standards Act through U.S. Department of Labor regulations, say attorneys at Kutak Rock.
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Employer Tips For Responding To ICE In The Workplace
Increased immigration enforcement under President Donald Trump's administration has left employers struggling to balance their compliance obligations with their desire to provide a safe workplace, so creating a thorough response plan and training for U.S. Immigration and Customs Enforcement's presence at the workplace is crucial, say attorneys at Hanson Bridgett.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate鈥檚 latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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3 Juror Psychology Principles For Expert Witness Testimony
Expert witnesses can sometimes fall into traps when trying to teach juries complex topics by failing to consider the psychology of juror comprehension, but attorneys can help witnesses avoid these pitfalls with a deeper understanding of cognitive lag, chunking and learning styles, says Steve Wood at Courtroom Sciences.