• May 15, 2024

    Securities Firm Cuts Deal To End Age Bias Suit

    A securities firm struck a deal with a former sales representative in his 60s who accused the company of firing him despite his laudable performance and replacing him with two younger, less-experienced workers, a filing in Colorado federal court said.

  • May 14, 2024

    In Hot Seat, FDIC's Gruenberg Pledges 'Fundamental Change'

    Federal Deposit Insurance Corp. Chairman Martin Gruenberg will tell House lawmakers Wednesday that he is taking "full responsibility" for his agency's workplace misconduct scandal and eyeing "fundamental" structural reforms, striking a humbled but determined tone as he faces the first of two hearings that could be make-or-break for his job.

  • May 14, 2024

    Venable Opens Colo. Office With 8 Sherman & Howard Attys

    Venable LLP is growing its presence by opening its first office in Colorado, with eight commercial and employment attorneys from Sherman & Howard LLP opening its Denver location, which will be headed by partner-in-charge James "Jim" Sawtelle, the firm announced Tuesday.

  • May 14, 2024

    Seattle Public Defender's $7M Employment Win Wiped Out

    The Washington Court of Appeals on Tuesday ruled a former King County public defender could not bring a hostile work environment claim over a client's harassing behavior that persisted after she stopped representing him, erasing her $7 million jury win.

  • May 14, 2024

    Conn. Retaliation Suit Advances After Justices' Title VII Ruling

    With a recent U.S. Supreme Court opinion said to be illuminating the path forward, a federal judge in Connecticut has declined to dismiss a case by a self-described former "high-level" employee of a private equity firm who alleges she was fired after raising concerns about her employer's treatment of women.

  • May 14, 2024

    5th Circ. Expresses Doubt On Nasdaq Board Diversity Rules

    Lawyers for the U.S. Securities and Exchange Commission and Nasdaq Stock Market LLC faced a barrage of questions from the full Fifth Circuit on Tuesday, with judges wondering whether rules requiring corporations to disclose board diversity information would open the door to investor questions on religious practices, political beliefs or Taylor Swift fandom.

  • May 14, 2024

    NC State Fights Cancer Patient's Presuit Building Access

    North Carolina State University is pressing the state appeals court to find it is insulated from an "unusual" order allowing a former graduate student worker diagnosed with cancer to inspect a campus building that tested high for levels of carcinogens.

  • May 14, 2024

    Ind. Panel Agrees Hospital Can't Be Liable If Doctors Aren't

    An Indiana appeals court has refused to reinstate a woman's vicarious liability claim against Indiana University Health North Hospital Inc. in a suit alleging its staff failed to properly diagnose her sepsis, holding the hospital can't be held liable for the conduct of agents who have already been released from liability.

  • May 14, 2024

    Colo. Org Lacks Standing In Access Law Row, Judge Says

    The Colorado Livestock Association doesn't have standing to challenge a state law that requires agricultural employers to give workers access to service providers, a state judge ruled, finding individual members of the group must take part in the proceeding.

  • May 14, 2024

    Revised $2.25M Walmart OT Deal Fails For Lack Of Changes

    A California federal judge again refused to approve a $2.25 million deal between Walmart and 1,700 workers that would resolve an unpaid overtime lawsuit, finding that the modified agreement did not fix deficiencies the court had previously identified in the settlement's distribution method.

  • May 14, 2024

    Northwestern Settles Tax Law Prof's Age Bias Suit

    Northwestern University agreed to settle a law school professor's age bias suit filed in Illinois federal court claiming he was given smaller raises year-over-year in comparison with his younger colleagues after he cast aside the institution's push for him to retire early.

  • May 14, 2024

    Trial Averted In Boston Health Agency Harassment Case

    A former Boston health department employee on Tuesday reported that she had settled her claims against the city and a former boss who she says sexually harassed her, scuttling a trial that would have featured several high-profile witnesses, including a federal judge.

  • May 14, 2024

    Kraft Heinz Seeks To Ax Teamsters' Retiree Benefit Grievance

    Kraft Heinz asked a Delaware federal judge Tuesday to step in and stop a Teamsters unit's healthcare grievance from going to arbitration, saying the union must use the dispute resolution process outlined in the company healthcare plan, not the grievance and arbitration process outlined in the union contract.

  • May 14, 2024

    Ex-Tesla Worker Urges 9th Circ. To Revive Whistleblower Suit

    A former Tesla employee who says he was fired for reporting unlawful activity asked the Ninth Circuit on Tuesday to revive his Sarbanes-Oxley whistleblower claim, saying those claims aren't arbitrable, and a lower court erred when it dismissed them based on an arbitrator's findings regarding his other claims against Tesla.

  • May 14, 2024

    Insurer Says Miami Retaliation Scheme Not Covered

    An insurer for the City of Miami is seeking reimbursement of $5 million for expenses incurred in defending the city and one of its commissioners against underlying lawsuits alleging political retaliation, telling a Florida federal court that the allegations fall outside the scope of its policies.

  • May 14, 2024

    Law Firm Must Face Ex-HR Manager's Pregnancy Bias Suit

    A Florida federal judge refused Tuesday to allow a law firm to escape a former human resources manager's pregnancy discrimination suit, saying a jury should decide the dispute given the "peculiar" timing of her firing.

  • May 14, 2024

    States Accuse EEOC Of 'Smuggling' Abortion Into PWFA Rule

    Louisiana and Mississippi have sued the U.S. Equal Employment Opportunity Commission seeking to invalidate regulations implementing the Pregnant Workers Fairness Act, claiming the agency's stance that employers must provide workers accommodations if they get an abortion flouts U.S. Supreme Court precedent and the PWFA itself.

  • May 14, 2024

    7th Circ. Seems Wary Of Jurisdiction Over Union Fund Misuse

    Two Seventh Circuit judges on Tuesday pressed the U.S. Department of Labor to address how much authority individual employers had as part of an allegedly mismanaged multiemployer benefit fund, saying the question is crucial to determine whether the agency properly won a federal court injunction.

  • May 14, 2024

    Christian Org. Staves Off Same-Sex Bias Trial With $120K Deal

    A Christian nonprofit has agreed to pay a Washington job candidate $120,000 to avoid a damages trial on claims it refused to hire her because she was in a same-sex marriage, though it said it would appeal the liability finding against it.

  • May 14, 2024

    Energy Cos. Don't Have To Clarify Financier Takeover Claims

    The founders of several Houston energy companies don't have to clarify a state court complaint in which they accuse an equity shareholder and several companies he manages of a scheme to take over their companies and steal millions in their membership interests, a Texas state judge has ruled.

  • May 14, 2024

    Calif. Grower Fights State's Farmworker Unionization Law

    Wonderful Nurseries LLC is challenging a California state statute that simplified the process for farmworkers like the agricultural company's own to unionize, arguing in a new lawsuit that it's unconstitutional to allow a union to represent workers without a secret-ballot election as long as a majority sign union cards.

  • May 14, 2024

    Workday's Liability Defense In AI Bias Battle Troubles Judge

    A California federal judge handling a job candidate's discrimination case over Workday's artificial intelligence-powered hiring tools seemed ready Tuesday to let the legal battle move ahead, as she expressed skepticism about the software developer's assertion that federal employment laws can't reach it.

  • May 14, 2024

    Mass. Pot Shop Ordered To Recognize Union, Rehire Workers

    A Massachusetts cannabis retailer found to have engaged in union busting must recognize and bargain with a United Food and Commercial Workers local and offer to rehire two fired union supporters, a federal judge ordered Tuesday.

  • May 14, 2024

    Delays Justified Dismissing Malpractice Suit, Firms Tell NJ Panel

    Two New Jersey law firms said a lower court got it right when it threw out malpractice claims against them due to the plaintiffs' failure to comply with discovery demands, arguing on Tuesday to a New Jersey state appeals court that the plaintiffs' delay in producing discovery and filing amended complaints was prejudicial.

  • May 14, 2024

    Mexican Mine Labor Row Ruled Outside Trade Pact's Scope

    An international tribunal formed under the U.S.-Mexico-Canada Agreement declined to examine if workers at a Mexican mine were denied collective bargaining rights, finding that much of the 17-year dispute had already been decided under now-defunct labor laws.

Expert Analysis

  • Past CCPA Enforcement Sets Path For Compliance Efforts

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    The California Privacy Protection Agency and the California Attorney General's Office haven't skipped a beat in investigating potential noncompliance with the California Consumer Privacy Act, and six broad issues will continue to dominate the enforcement landscape and inform compliance strategy, say attorneys at Reed Smith.

  • Securing A Common Understanding Of Language Used At Trial

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    Witness examinations in the Georgia election interference case against former President Donald Trump illustrate the importance of building a common understanding of words and phrases and examples as a fact-finding tool at trial, says Reuben Guttman at Guttman Buschner.

  • Where 9th Circ. Lowe's Ruling Leaves PAGA Jurisprudence

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    Leah Kennedy and Carolyn Wheeler at Katz Banks discuss the legal landscape and controlling precedent around the Private Attorneys General Act that led to the Ninth Circuit's Johnson v. Lowe's decision last month on individual PAGA wage claims, and explore the open questions that it leaves.

  • What Texas Employers Should Know After PWFA Ruling

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    After a Texas federal judge recently enjoined federal agencies from enforcing the Pregnant Workers Fairness Act against the state of Texas, all employers must still remain sensitive to local, state and federal protections for pregnant workers, and proactive in their approach to pregnancy-related accommodations, says Maritza Sanchez at Phelps Dunbar.

  • 5 Issues To Consider When Liquidating Through An ABC

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    Assignments for the benefit of creditors continue to grow in popularity as a tool for an orderly wind-down, and companies should be considering a number of issues before effectuating the assignment, including in which state it should occur, obtaining tail coverage and preparing a board creditor mailing list, says Evelyn Meltzer at Troutman Pepper.

  • Opinion

    Judicial Independence Is Imperative This Election Year

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    As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.

  • AI In Performance Management: Mitigating Employer Risk

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    Companies are increasingly turning to artificial intelligence tools in performance management, exposing organizations to significant risks, which they can manage through employee training, bias assessments, and comprehensive policies and procedures related to the new technology, say Gregory Brown and Cindy Huang at Jackson Lewis.

  • Series

    Riding My Peloton Bike Makes Me A Better Lawyer

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    Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.

  • What To Watch As Justices Consider Appeal Deadline Case

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    Next week, in Harrow v. U.S. Department of Defense, the U.S. Supreme Court will consider for the first time whether a statutory deadline for appealing from a federal agency to an Article III court is jurisdictional, setting the stage for a decision that could dramatically reshape the landscape for challenging agency decisions, say attorneys at MoloLamken.

  • Class Actions At The Circuit Courts: March Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from consumer fraud to employment — and provides key takeaways for counsel on issues including coercive communications with putative class members and Article III standing at the class certification stage.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • What The NIL Negotiation Rules Injunction Means For NCAA

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    A Tennessee federal court's recent preliminary injunction reverses several prominent and well-established NCAA rules on negotiations with student-athletes over name, image and likeness compensation and shows that collegiate athletics is a profoundly unsettled legal environment, say attorneys at Pillsbury.

  • What 2 Years Of Ukraine-Russia Conflict Can Teach Cos.

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    A few key legal lessons for the global business community since Russia's invasion of Ukraine could help protect global commerce in times of future conflict, including how to respond to disparate trade restrictions and sanctions, navigate war-related contract disputes, and protect against heightened cybersecurity risks, say attorneys at Morgan Lewis.

  • EEOC Case Reminds That Men Can Also Claim Pay Bias

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    The Maryland State Highway Administration recently settled U.S. Equal Employment Opportunity Commission claims that a male employee was paid less than his female colleagues, highlighting why employers should not focus on a particular protected class when it comes to assessing pay bias risk, say Barbara Grandjean and Audrey Merkel at Husch Blackwell.

  • 3 Litigation Strategies To Combat 'Safetyism'

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    Amid the rise of safetyism — the idea that every person should be free from the risk of harm or discomfort — among jurors and even judges, defense counsel can mount several tactics from the very start of litigation to counteract these views and blunt the potential for jackpot damages, says Ann Marie Duffy at Hollingsworth.

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