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Employment
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February 05, 2025
Cuts To Medicaid Will Devastate Tribal Healthcare, Experts Say
As talks of big funding slashes to Medicaid loom among federal lawmakers, Indigenous communities say they will face devastating losses if any anticipated legislation passes, leading to cuts in Indian Country's healthcare workforce, a large gap in services for children and a rise in preventable illnesses.
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February 05, 2025
Blake Lively Sued By PR Rep Over 'It Ends With Us' Claims
Another front has opened in the messy legal drama over the movie "It Ends With Us," as an Austin-based public relations consultant filed a defamation suit in Texas federal court alleging Blake Lively falsely roped him into her headline-making sexual harassment and retaliation claims.
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February 05, 2025
Ex-Atlanta Private School Teacher Drops Race Bias Suit
A Georgia educator and the affluent Atlanta private school she sued over alleged racial discrimination by administrators agreed Tuesday to end their litigation after a federal magistrate judge previously recommended that her claims be tossed.
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February 05, 2025
College Baseball Player Seeks Pause Of NCAA Eligibility Rule
A college baseball player on Wednesday asked a Massachusetts federal court to temporarily pause the NCAA's five-year rule that the organization cited in denying him one more year of eligibility, in yet another lawsuit challenging the regulation.
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February 05, 2025
2nd Circ. Says Xerox Must Arbitrate Union's Benefits Dispute
The Second Circuit upended on Wednesday an order in favor of Xerox in a union's challenge to the company's decision to terminate health benefits for more than 2,000 retirees, saying the parties can arbitrate the dispute despite the collective bargaining agreement, or CBA, between them having expired.
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February 05, 2025
NJ Supreme Court Will Review Immigrant's Wage Case
The New Jersey Supreme Court said it will review rulings that denied a bid for unpaid wages by an immigrant living in the country without legal permission, which stemmed from an arrangement that had him performing tasks for a property management company in exchange for an apartment.
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February 05, 2025
Va. Law Firm Ends Ex-Worker's Harassment, Retaliation Suit
A Virginia law firm has agreed to resolve a former accounts payable specialist's lawsuit claiming she was fired for repeatedly complaining that a male contractor followed her to the restroom and acted threateningly toward her, according to a Wednesday federal court filing.
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February 05, 2025
Goldstein, Saying He's Mired In Debt, Asks To Redo Bail Terms
Prominent U.S. Supreme Court attorney and SCOTUSblog publisher Tom Goldstein has a negative net worth of more than $3.3 million and is mired in debt to his attorneys, he said in a filing Wednesday seeking to modify the conditions of his release ahead of a trial on federal criminal tax evasion charges.
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February 05, 2025
Justices' Ruling Nixes Md. Court's FLSA Order, 4th Circ. Told
A Maryland federal court's decision imposing a stricter standard for an employer to claim an overtime exemption is no longer valid after the U.S. Supreme Court said the heightened evidence standard isn't necessary, an international food distributor told the Fourth Circuit.
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February 05, 2025
Feds Must Face Air Marshal Union's Harassment Claims
Three government agencies must face claims they engaged in union-busting tactics when dealing with federal air marshals in Philadelphia, with a Pennsylvania federal judge preserving most of a union's lawsuit against the U.S. Department of Homeland Security, the Transportation Security Administration and the Federal Air Marshal Service.
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February 05, 2025
Ex-CBD Co. Franchisee Says Magistrate Can't Rule On DQ Bid
A former franchisee for CBD company American Shaman Franchise System LLC on Wednesday objected to an order from a magistrate judge rejecting his bid to disqualify her, saying that a magistrate judge has no authority to decide on a posttrial motion.
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February 05, 2025
Wagner Law Scoops Up Benefits Expert From Paul Hastings
The Wagner Law Group has added a benefits and executive compensation attorney from Paul Hastings LLP to its ranks in Washington, D.C., picking up a lawyer who can draw on almost three decades of experience to assist the boutique firm's clients.
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February 05, 2025
11th Circ. Backs Navy Win In IT Worker's Promotion Bias Suit
The Eleventh Circuit upheld the U.S. Navy's defeat of a civilian tech employee's suit claiming he was passed over for several promotions because he was Hispanic and in his 50s, saying he failed to show that supervisors considered his age or race when making decisions.
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February 05, 2025
Women's Soccer League Will Pay $5M To Abused Players
The National Women's Soccer League on Wednesday agreed to a $5 million settlement with a trio of attorneys general that had been investigating the league's widespread mistreatment of its players.
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February 05, 2025
Fired NLRB Member Sues In Test Of President's Power
Fired NLRB member Gwynne Wilcox challenged her removal in federal court Wednesday, arguing in a test of 90-year-old Supreme Court precedent that the National Labor Relations Act blocked her ouster.
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February 04, 2025
Wheeling & Appealing: The Latest Must-Know Appellate Action
February is off to a rip-roaring start in several circuits, and there's plenty more action ahead, including a moment of truth for judiciary policymaking that has managed to anger both the defense and plaintiffs bars. We'll explore all that in this edition of Wheeling & Appealing, which also includes an appellate quiz pegged to recent presidential news.
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February 04, 2025
Federal Unions Challenge Trump's 'Fork' Resignation Program
Unions representing federal employees slammed the Trump administration's "deferred resignation" offer in a federal lawsuit filed Tuesday in Massachusetts, saying the "Fork in the Road" directive is an unlawful pretext for replacing government workers based on their ideology.
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February 04, 2025
Amazon Wants Drivers Locked Out Of Collective Wage Suit
Amazon is asking a Washington federal judge to oust nearly a dozen plaintiffs from a collective action accusing the e-commerce giant of misclassifying Amazon Flex delivery drivers as independent contractors, claiming the individuals failed to comply with a court-ordered discovery deadline last month.
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February 04, 2025
Baltimore, Advocacy Groups Sue Trump Over Anti-DEI Orders
The city of Baltimore and a coalition of academic and restaurant advocacy groups hit the Trump administration with a suit Monday in Maryland federal court over the president's push to curtail diversity, equity and inclusion programs, saying his executive orders are unlawfully vague and block Congress' constitutional power of the purse.
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February 04, 2025
FCC Drops 5th Circ. Defense Of Nonbinary Gender Category
The Federal Communications Commission will no longer defend a nonbinary gender category on its employment diversity forms amid challenges brought by religious broadcasters in the Fifth Circuit, where judges grilled the FCC on Tuesday about its authority to collect and publish industry data on employee diversity.
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February 04, 2025
Ex-Philly Union Head's Nephew Avoids Jail In Extortion Case
The nephew of a now-imprisoned former leader of the International Brotherhood of Electrical Workers Local 98 received a nonincarceratory sentence in Philadelphia federal court Tuesday after admitting that he tried to violently extort a casino contractor out of undeserved pay.
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February 04, 2025
Ill. Panel Upholds Barge Worker's $3.3M Jury Award
An Illinois state appeals court on Tuesday affirmed a $3.31 million jury award and a directed verdict in favor of a man who was severely injured while working on a barge crew, saying it was an appropriate sanction for the defendant's attorney revealing the substance of trial testimony to a witness.
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February 04, 2025
Swimmers Again Seek Cert., With 9th Circ's Reversal In Hand
Professional swimmers have again asked a California federal judge to certify hundreds of competitors accusing swimming's international governing body of organizing a group boycott against an upstart league, now armed with a Ninth Circuit decision that both revived their case and said class certification was improperly denied.
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February 04, 2025
Trump Trans Care Order Usurps Congress' Power, Suit Says
The Trump administration overstepped when it issued an executive order cutting off gender-affirming care for people under 19, a group of transgender adolescents, young adults and their families told a Maryland federal court Tuesday, arguing the president is trying to usurp Congressional authority by forcing federally funded hospitals to discriminate.
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February 04, 2025
Ex-Meta Marketing Director Alleges Sex Bias, Retaliation
A former Meta marketing director sued the tech giant in federal court Monday for sex discrimination and retaliation, saying despite her "distinguished" 15 years working to grow the company, she was treated differently than male peers, chastised for complaining about bias and discrimination, and booted after taking mental health leave.
Expert Analysis
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The Compliance Trends And Imperatives On Tap In 2025
The corporate ethics and compliance landscape is rapidly evolving, posing challenges from conflicting stakeholder expectations to technological disruptions, and businesses will need to explore human-centered, data-driven and evidence-based practices, says Hui Chen at CDE Advisors.
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How Trump Presidency May Influence NLRB's Next Phase
Attorneys at Paul Hastings discuss how last year’s key National Labor Relations Board developments may progress once President-elect Donald Trump takes office, including the wave of lawsuits challenging the board’s constitutionality and two landmark board decisions that upset decades of precedent.
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Top 10 Noncompete Developments Of 2024
Following an eventful year in noncompete law at both state and federal levels, employers can no longer rely on a court's willingness to blue-pencil overbroad agreements and are proceeding at their own peril if they do not thoughtfully review and carefully enforce such agreements, say attorneys at Faegre Drinker.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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Celebs' Suits Show Limits Of Calif. Anti-SLAPP Laws
Two recent cases including Amanda Ghost v. Rebel Wilson and Leviss v. Sandoval highlight the delicate balancing act courts must perform in weighing free speech against privacy and reputational harm under California's robust anti-strategic lawsuit against public participation laws, say attorneys at Nixon Peabody.
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2 Cases May Signal Where FTC Is Headed On Labor Issues
Two recent Federal Trade Commission challenges to no-hire clauses in agreements between building service firms and their customers include comments by future FTC Chair Andrew Ferguson that may offer insight into the direction the FTC is headed on labor issues, says Michael Wise at Squire Patton.
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How Decline Of Deference Will Affect Trump Policymaking
An administrative law regime without Chevron deference may limit the Trump administration’s ability to implement new policies in the short term, but ultimately help it in the long term, and all parties with an interest in regulatory changes will have to take a fresh approach to litigation, say attorneys at Covington.
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5 Evolving Concerns For Family Offices In 2025
Complex regulatory changes and emerging operational risks will force family offices to stay on their toes in 2025, with timely action particularly necessary to address several tax and reporting developments that may affect their investments and business operations, say attorneys at Morgan Lewis.
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New Law In NY Places Employee NIL Rights In Spotlight
New York recently became the first state to codify name, image and likeness rights for models, but as such protections seemingly expand for individual employees across industries, employers may want to brush up on related case law, and update their handbooks and policies accordingly, says Timothy Bechen at Woods Rogers.
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Expect A Big Shake Up At The EEOC Under 2nd Trump Admin
During President-elect Donald Trump’s second term, the U.S. Equal Employment Opportunity Commission is likely to significantly shift its focus and priorities, especially where workplace DEI initiatives, immigration enforcement, LGBTQ+ rights and pregnancy protections are concerned, say attorneys at Stoel Rives.
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Defense Strategies For Addressing Conspiracy-Minded Jurors
As conspiracy theories continue to proliferate and gain traction in the U.S., defense attorneys will need to consider ways to keep conspiracy-minded jurors from sitting on the jury, and to persuade them when this isn’t possible, say consultants at IMS Legal Strategies.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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4 Novel Issues From The Blake Lively, Justin Baldoni Suits
A series of lawsuits arising from actress Blake Lively's sexual harassment and retaliation complaint against her "It Ends With Us" co-star, Justin Baldoni, present novel legal issues that employment and defamation practitioners alike should follow as the litigation progresses, say attorneys at Dorsey & Whitney.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Religious Accommodation Lessons From $12.7M Vax Verdict
A Michigan federal jury’s recent $12.7 million verdict against Blue Cross Blue Shield of Michigan starkly reminds employers of the risks they face when assessing employees’ religious accommodation requests, highlighting pitfalls to avoid and raising the opportunity to consider best practices to follow, say attorneys at Williams & Connolly.