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Employment
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November 12, 2025
2nd Circ. Revives Atty Fees Bid In Worker's Retaliation Suit
A Vermont federal court correctly imposed a reduction in attorney fees in a retaliation case based on billed hours but should not have further reduced the fees based on the worker's overall success, the Second Circuit has ruled.
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November 10, 2025
Law360 MVP Awards Go To Top Attorneys From 76 Firms
The attorneys chosen as Law360's 2025 MVPs have distinguished themselves from their peers by securing significant achievements in high-stakes litigation, complex global matters and record-breaking deals.
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November 10, 2025
Justices Doubt GEO's Immunity Claim In Forced Labor Suit
The U.S. Supreme Court on Monday appeared reluctant to adopt GEO Group's interpretation of an 85-year-old ruling as extending immunity to contractors facing lawsuits, as the private prison operator stands accused of forcing immigrant detainees to clean a detention facility.Â
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November 10, 2025
Ulta Beauty's Guidance Doesn't Prevent 2nd Jobs, Co. Says
Ulta Beauty says a Washington federal court should throw out a proposed class action accusing the cosmetics retailer of illegally preventing its low-wage workers from taking additional jobs, arguing that the company's "nonbinding guidance" for employees is within legal limits on moonlighting.
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November 10, 2025
NJ Panel Revives Compensation Case In $95M Real Estate Deal
A New Jersey appellate panel revived a dispute Monday over whether a Manhattan real estate executive was fully compensated for his work on a $95 million redevelopment project, ruling that a trial judge wrongly granted summary judgment despite ambiguities in the parties' complex profit-sharing agreement.
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November 10, 2025
Fired Cancer Center Worker's ADA Suit Kicked To Pa. Court
A New Jersey federal judge ruled Monday that a disability bias suit brought by a former worker for the Philadelphia-based Fox Chase Cancer Center belongs in Pennsylvania federal court because her New Jersey-based remote work arrangement wasn't enough to tether the case to the Garden State.Â
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November 10, 2025
Delta Air Lines Applicant Says Pay Range Suit Not Fed. Matter
A job applicant accusing Delta of violating a Washington state law that requires employers to include pay information on job postings is seeking to return his suit to state court, claiming the dispute isn't eligible to be heard by a federal judge because the applicant never alleged he was harmed.
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November 10, 2025
Ex-Oura CEO Claims He Was Stiffed On Promised Stock
The former CEO of Oura Health has sued the smart ring maker in California federal court, claiming that despite working "tirelessly" and growing the health technology company into a multibillion-dollar success, he was ousted and the company's board reneged on promises to give him millions in stock options.
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November 10, 2025
Copyright Chief Urges Justices Not To Stay Reinstatement
The fired leader of the U.S. Copyright Office on Monday urged the U.S. Supreme Court to ignore the Trump administration's request to stay a D.C. Circuit ruling that reinstated her while she challenges her removal, saying the government's case is not strong and attempts to weaken the role of Congress.
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November 10, 2025
High Court Won't Hear Ore. Workers' Union Dues Policy Case
The U.S. Supreme Court won't resurrect a challenge to an Oregon prison worker union's dues policy that was tossed by the Ninth Circuit earlier this year, according to an order list the justices filed Monday.
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November 10, 2025
11th Circ. Revives Suit Over Deadly Navy Base Shooting
The Eleventh Circuit on Monday revived a lawsuit against Saudi Arabia alleging its responsibility for a deadly shooting attack at a Florida Navy base, saying the country must face claims over gross negligent hiring practices.
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November 10, 2025
Southwest Only Pays For In-Flight Time, Suit Claims
Southwest Airlines' policy of compensating flight attendants based only on their actual flight time systematically deprived them of overtime pay, a former employee says in a proposed class action in Illinois federal court.
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November 10, 2025
FTC Dem Tells Justices Case Law Supports Her Reinstatement
Fired Federal Trade Commissioner Rebecca Slaughter has argued that in taking up her appeal over President Donald Trump's decision to remove her before her term was up, the U.S. Supreme Court is really mulling whether it has "gotten it wrong for the last 90 years."
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November 10, 2025
Justices Give Feds Time To Argue In Machinists Pension Fight
The federal government can participate in oral arguments when it hears a bid by employers to overturn a D.C. Circuit finding that an International Association of Machinists pension plan could retroactively change how withdrawal payments are calculated, the U.S. Supreme Court said Monday.
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November 10, 2025
Panel Restores Pregnancy Bias Claim Against Conn. Town
A Connecticut appellate panel has revived a pregnancy discrimination claim against the town of Putnam, holding that a lower court was wrong to dispose of a lawsuit brought by a former assistant finance director who said the town changed her duties and cut her pay after she took maternity leave.
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November 10, 2025
11th Circ. Renews Ga. County Worker's Free Speech Claims
The Eleventh Circuit on Monday revived a retaliation suit from a former Georgia elections worker who said she was mistakenly fingered as the source of an anonymous complaint about a colleague, holding that she still enjoyed free speech protections without any involvement in the intraoffice spat.
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November 10, 2025
Ex-Philly Art Museum CEO Blames 'Corrupt Faction' For Ouster
Recently fired Philadelphia Museum of Art CEO Sasha Suda sued the museum in Pennsylvania state court on Monday, claiming she was unlawfully terminated from her position by "a small, corrupt" faction of the museum board seeking to undercut her attempts to make changes there.
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November 10, 2025
Mich. Contractor Loses New Trial Bid In Migrant Worker Suit
A Michigan federal judge said a farm labor contractor failed to identify any reasons for a new trial after a jury found it violated anti-trafficking and labor laws and breached employment contracts with farmworkers from Guatemala.
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November 10, 2025
4th Circ. Won't Undo Maryland Agency's Race Bias Suit Win
The Fourth Circuit backed the Maryland state police department's defeat of a Black deputy chief fire marshal's suit claiming his work was overly scrutinized because of his race, finding he was disciplined for constantly blowing past work deadlines, not because of bias.
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November 10, 2025
​​​​​​​Ex-CFO Says Steel Co. Broke Severance Deal After Sale
The former chief financial officer of a Pittsburgh-area steel company told a Pennsylvania state court he was promised severance pay when he was terminated as part of the company's sale, but has yet to get any of the $112,500 he signed up for.
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November 10, 2025
Ex-Ga. Police Officer Urges Judge To Preserve Anti-DEI Claims
A former metro Atlanta police officer who says he was fired for opposing his department's diversity hiring initiatives urged a federal judge Monday to buck a recommendation that his suit be spiked, arguing his complaints about the "hot issue" constituted protected speech on a matter of public interest.
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November 10, 2025
3rd Circ. Rules Post-Gazette Bargained In Bad Faith
The Third Circuit on Monday affirmed that the publisher of the Pittsburgh Post-Gazette had been bargaining with its unions in bad faith and should not have unilaterally imposed a new contract on newsroom employees more than five years ago.
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November 10, 2025
Philly PD Cops Can't Snag Class Certification In OT Case
Ranking police officers' claims that officials with the city of Philadelphia and its Police Department didn't tell them they were eligible for overtime for emergency work would require a one-on-one analysis, a Pennsylvania federal judge ruled, denying a bid for class certification.
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November 10, 2025
Penn State Can't End Vax Refuser's Religious Bias Suit
A Pennsylvania federal judge narrowed, but declined to dismiss, a fired worker's suit claiming Penn State failed to accommodate his objections to its COVID-19 vaccine mandate, ruling he adequately anchored his concerns about the policy to his evangelical beliefs.
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November 10, 2025
Justices Reject Ky. Clerk's Bid To Revisit Gay Marriage Ruling
The U.S. Supreme Court won't revisit its landmark marriage equality decision at the request of a former Kentucky county clerk who refused to issue marriage licenses to same-sex couples on religious grounds.Â
Expert Analysis
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AI Litigation Tools Can Enhance Case Assessment, Strategy
Civil litigators can use artificial intelligence tools to strengthen case assessment and aid in early strategy development, as long as they address the risks and ethical considerations that accompany these uses, say attorneys at Barnes & Thornburg.
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How Employers Should Reshape AI Use As Laws Evolve
As laws and regulations on the use of artificial intelligence in employment evolve, organizations can maximize the innovative benefits of workplace AI tools and mitigate their risks by following a few key strategies, including designing tools for auditability and piloting them in states with flexible rules, say attorneys at Cooley.
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Attys Beware: Generative AI Can Also Hallucinate Metadata
In addition to the well-known problem of AI-generated hallucinations in legal documents, AI tools can also hallucinate metadata — threatening the integrity of discovery, the reliability of evidence and the ability to definitively identify the provenance of electronic documents, say attorneys at Law & Forensics.
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When Atty Ethics Violations Give Rise To Causes Of Action
Though the Model Rules of Professional Conduct make clear that a violation of the rules does not automatically create a cause of action, attorneys should beware of a few scenarios in which they could face lawsuits for ethical lapses, says Brian Faughnan at Faughnan Law.
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H-1B Fee Guidance Is Helpful But Notable Uncertainty Persists
Recent guidance narrowing the scope of the $100,000 entry fee for H-1B visas will allow employers to plan for the hiring season, but a lack of detail about the mechanics of cross-agency payment verification, fee exemptions and other practical matters still need to be addressed, say attorneys at Klasko Immigration Law Partners.
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Indiana Law Sets New Standard For Wage Access Providers
The recent enactment of a law establishing a comprehensive regulatory framework for earned wage access positions Indiana as one of the leading states to allow EWA services, and establishes a standard that employers must familiarize themselves with before the Jan. 1 effective date, say attorneys at Faegre Drinker.
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Series
Practicing Stoicism Makes Me A Better Lawyer
Practicing Stoicism, by applying reason to ignore my emotions and govern my decisions, has enabled me to approach challenging situations in a structured way, ultimately providing advice singularly devoted to a client's interest, says John Baranello at Moses & Singer.
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How Courts Treat Nonservice Clauses For Financial Advisers
Financial advisers considering a job change should carefully consider recent cases that examine controlling state law for nonservice and nonacceptance provisions to prepare for potential legal challenges from former firms, says Andrew Shedlock at Kutak Rock.
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Series
The Biz Court Digest: Texas, One Year In
A year after the Texas Business Court's first decision, it's clear that Texas didn't just copy Delaware and instead built something uniquely its own, combining specialization with constitutional accountability and creating a model that looks forward without losing touch with the state's democratic and statutory roots, says Chris Bankler at Jackson Walker.
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AG Watch: Illinois A Key Player In State-Level Enforcement
Illinois Attorney General Kwame Raoul has systematically strengthened his office to fill federal enforcement gaps, oppose Trump administration mandates and advance state policy objectives, particularly by aggressively pursuing labor-related issues, say attorneys at Troutman.
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What's At Stake In High Court Pension Liability Case
The U.S. Supreme Court’s upcoming decision in M&K Employee Solutions v. Trustees of the IAM National Pension Fund will determine how an employer’s liability for withdrawing from a multiemployer retirement plan is calculated — a narrow but key issue for employer financial planning and collective bargaining, say attorneys at Thompson Hine.
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Series
Law School's Missed Lessons: Educating Your Community
Nearly two decades prosecuting scammers and elder fraud taught me that proactively educating the public about the risks they face and the rights they possess is essential to building trust within our communities, empowering otherwise vulnerable citizens and preventing wrongdoers from gaining a foothold, says Roger Handberg at GrayRobinson.
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Federal Grantees May Soon Face More Limitations On Speech
If courts accept the administration’s new interpretation of preexisting case law, which attempts to graft onto grant recipients the existing limitations on government contractors' free speech, a more deferential standard may soon apply in determining whether an agency’s refusal or termination of a grant was in violation of the First Amendment, say attorneys at Venable.
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7 Areas To Watch As FTC Ends Push For A Noncompete Ban
​​​​​​As the government ends its push for a nationwide noncompete ban, ​employers who do not want to be caught without protections for legitimate business interests should explore supplementing their noncompetes by deploying elements of seven practical, enforceable tools, including nondisclosure agreements and garden leave strategies, say attorneys at Seyfarth.
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5 Crisis Lawyering Skills For An Age Of Uncertainty
As attorneys increasingly face unprecedented and pervasive situations — from prosecutions of law enforcement officials to executive orders targeting law firms — they must develop several essential competencies of effective crisis lawyering, says Ray Brescia at Albany Law School.