• December 08, 2023

    Circuit-By-Circuit Guide To 2023's Most Memorable Moments

    A former BigLaw partner in his 30s made history by joining a preeminent circuit court, a former BigLaw partner in his 50s made waves by leaving the largest circuit, and a former chemist in her 90s made enemies by resisting a probe on the most specialized circuit. That's a small sample of the intrigue that flourished in 2023 throughout the federal appellate system, where diversity bloomed and controversy abounded.

  • December 08, 2023

    Disney Must Face Class Of 9K Women Alleging Pay Disparity

    A California state judge on Friday certified a class of at least 8,900 women who say The Walt Disney Co. paid them less than their male colleagues, rejecting Disney's argument that the women failed to adequately identify "substantially similar" jobs performed by the men and women.

  • December 08, 2023

    EU Policymakers Clear Way For Passing Of Landmark AI Act

    European Union policymakers on Friday reached an agreement on rules that would put guardrails on businesses' use of artificial intelligence, removing the final major barrier to the bloc enacting the world's first comprehensive law to tackle the potential risks posed by AI systems.

  • December 08, 2023

    Terrence Howard Accuses CAA Of Fraud In Salary Suit

    Actor Terrence Howard sued Creative Artists Agency in California state court on Friday, alleging the talent agency's conflicting interests led him to accept a salary below industry standards for his role on the hit television show "Empire."

  • December 08, 2023

    Producer Wasn't Fired For Politics, Fox News Says

    Fox News has urged a D.C. federal judge to toss a wrongful termination suit by a former producer who says he was axed over his political affiliation stemming from his opposition to former President Donald Trump, saying his claims only outline a disagreement over news coverage priorities.

  • December 08, 2023

    How Immigration Can Fill Labor Gaps — A Series

    In Case You Missed It: In this three-part series, Law360 delves into how immigration restrictions are exacerbating labor shortages in the healthcare, hospitality and technology industries, and what changes are needed to overcome the gaps.

  • December 08, 2023

    9th Circ. Skeptical Of Wash. Vet Clinic Monopoly Claims

    Ninth Circuit judges hearing antitrust claims against an eastern Washington veterinary clinic on Friday kept getting hung up on how two of its vets could've been harmed by noncompete terms in an agreement they never signed and a merger proposal that never came to fruition.

  • December 08, 2023

    Siemens Says OT Suit Wrongly Booted From Fed Court

    An attorney for Siemens Industry Inc. told the Ninth Circuit on Friday that a district judge erred in tossing a proposed overtime class action from federal court, allowing current and former employees to pursue their claims against the industrial manufacturing giant in state court.

  • December 08, 2023

    Justices Take Up Case Over Fed. Employee Appeal Deadline

    The U.S. Supreme Court agreed Friday to mull whether a deadline to challenge the Merit Systems Protection Board's decisions can have any wiggle room, taking up a U.S. Department of Defense worker's challenge to a Federal Circuit decision deeming his appeal untimely.

  • December 08, 2023

    Lawmakers Float Back Pay For Held-Up Military Nominees

    U.S. Sens. Mike Rounds, R-S.D., and Joe Manchin, D-W.Va., introduced a bill on Friday that would provide back pay to military officers whose promotions were delayed due to a months-long blockade made in protest of a Pentagon abortion policy.

  • December 08, 2023

    OCC Pressed For Details On Ex-Fintech Official's Hiring, Work

    House Republicans are calling on the Office of the Comptroller of the Currency to explain more about how it hired a now-former fintech official whose resume was apparently falsified and say what role, if any, he might have had in shaping recent policymaking at the agency.

  • December 08, 2023

    Auto Supplier's Failed Poaching Suit Not Frivolous

    An automotive supply company had legitimate reasons to believe a former employee breached a separation agreement by potentially stealing trade secrets and recruiting other workers to leave for a competitor, a Michigan appellate panel said in finding the company's unsuccessful suit was not frivolous.

  • December 08, 2023

    Damages Trial Delayed For Surgeon After Sex Bias Verdict

    The damages phase of a surgeon's gender discrimination case against Thomas Jefferson University Hospital has been extended to Monday after the hospital claimed the doctor produced a surprise punitive damages claim at the same time its lead counsel had to abruptly seek medical care Friday morning.

  • December 08, 2023

    Biomedical Cos. Score $62M Award In Trade Secrets Trial

    A California federal judge entered judgment Thursday ordering a former Skye Orthobiologics employee to pay more than $62 million to Skye and Human Regenerative Technologies after a jury found the defendant breached his fiduciary duties and loyalty when he started a competing business using the plaintiffs' proprietary information.

  • December 08, 2023

    GOP Chair Urges DOL Not To Create Joint Employer Rule

    The House Education and the Workforce Committee's chairwoman urged the U.S. Department of Labor to commit that it will not issue its own version of a rule mulling joint employment like the National Labor Relations Board recently did.

  • December 08, 2023

    GOP Sens Demand FDIC Chair Quit After Workplace Reports

    The top Republican on the Senate banking committee and four other Republicans are calling on the chair of the Federal Deposit Insurance Corp. to resign following news reports about a toxic culture at the agency.

  • December 08, 2023

    Ark. Youths Urge 8th Circ. To Uphold Access To Trans Care

    Four Arkansas youths with gender dysphoria and their parents have urged the Eighth Circuit to affirm their access to gender-affirming medical care, arguing that the lower court correctly found Arkansas' new law banning the treatment for transgender youth to be unconstitutional.

  • December 08, 2023

    Us Weekly Publisher Bias Suit Goes Out With Whimper

    A New York federal judge tossed out a suit Friday that alleged the publisher behind Us Weekly subjected a former commerce writer to sexist treatment and fired her for raising complaints that her attention-deficit/hyperactivity disorder wasn't being accommodated, agreeing with a magistrate judge's finding that she abandoned her suit.

  • December 08, 2023

    Ex-Worker Says Western & Southern Robbed Her Of $1M

    Western & Southern Financial Group Inc. allegedly fired a 73-year-old insurance sales representative based on trumped-up misconduct allegations in order to get out of paying her the more than $1 million she had earned from a company retention incentive program upon her retirement, a new suit says.

  • December 08, 2023

    Employment Authority: A Look Into UAW's Organizing Drive

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with experts' take on how UAW is leveraging momentum from its strikes and new labor contracts to organize at nonunion automakers, the lasting legacy of late Supreme Court Justice Sandra Day O'Connor on sex harassment law and a preview of the continued passage of legislation to boost worker protections in 2024.

  • December 08, 2023

    Pilots Can't Toss Settlement Releases In Wage Suit

    A proposed class of pilots can't invalidate 57 settlement releases in its wage and hour lawsuit against an airline, a California federal judge has ruled, saying that while the airline could have done a better job of communicating with proposed class members, the pilots are sophisticated enough to advocate for themselves.

  • December 08, 2023

    Ga. School District Skimps On OT, Bus Driver Tells Court

    A bus driver alleged a Savannah school district has been neglecting to pay drivers their full overtime wages owed by failing to factor performance bonuses into overtime premium calculations, according to a proposed collective action filed in Georgia federal court.

  • December 08, 2023

    Jury Backs White Ex-Ill. City Worker In Race Bias Suit

    An Illinois federal jury said Springfield, Illinois, should pay a white former budget employee $100,000 for promoting a Black worker over her and then disciplining her when she complained, just over a year after the Seventh Circuit revived the suit because of the city's conflicting explanations.

  • December 08, 2023

    Worker, Union Urge 9th Circ. To Expedite Migrant Wage Ruling

    The Ninth Circuit can decide immediately whether the U.S. Department of Labor should have required employers to pay foreign harvest workers at a higher rate available, a union and a worker said, arguing the issue at stake is straightforward.

  • December 08, 2023

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen Tesla drive patent proceedings against technology company InterDigital, Genesis band members say That's (not) All in a breach of contract claim against Virgin Records, and betting giant Entain play its hand in a claim over its acquisition of BetCity last year. Here, Law360 looks at these and other new claims in the U.K.

Expert Analysis

  • Ill. Temp Labor Rules: No Clear Road Map For Compliance

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    While the delay of a particularly thorny provision of the Illinois temporary worker law will provide some short-term relief, staffing agencies and their clients will still need to scramble to plan compliance with the myriad vague requirements imposed by the other amendments to the act, say Alexis Dominguez and Alissa Griffin at Neal Gerber.

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • How EU Sustainability Directive Will Improve Co. Reporting

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    The need for organizations to make nonfinancial disclosures under the recently adopted EU Sustainability Reporting Standards will significantly change workforce and human rights reporting, and with the objective of fostering transparency, should bring about an increased focus on risks, policies and action plans, say Philip Spyropoulos and Thomas Player at Eversheds Sutherland.

  • Aviation Watch: Pilots Face Mental Health Catch-22

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    The recent case of an Alaska Airlines pilot who attempted to crash an airliner in flight highlights the dilemma facing federally licensed cockpit personnel who need psychological help, yet could lose their jobs if they seek it — but a long-running program may provide a solution, says Alan Hoffman, a retired attorney and aviation expert.

  • How 'As Such' Changes LPs' Self-Employment Tax Exposure

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    In light of the U.S. Tax Court’s recent Soroban Capital Partners decision hinging on "as such" to define the statutory limited partners exemption, state law limited partnerships should consider partners' roles and responsibilities before determining whether they are obligated to pay self-employment income tax, say attorneys at Morgan Lewis.

  • Tips For Defeating Claims Of Willful FLSA Violations

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    As employers increasingly encounter wage and hour complaints under the Fair Labor Standards Act, more companies could face enhanced penalties for violations deemed willful, but defense counsel can use several discovery and trial strategies to instead demonstrate the employer’s commitment to compliance, say Michael Mueller and Evangeline Paschal at Hunton.

  • 5th Circ. Ruling Sets Bostock, Faith Exemption Up For Review

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    The Fifth Circuit's Braidwood v. Equal Employment Opportunity Commission decision could tee up U.S. Supreme Court review of whether employing an individual to whose protected class the employer objects infringes on the employer's religious beliefs, potentially narrowing LGBTQ worker protections from the high court's 2020 Bostock v. Clayton County decision, says Adam Grogan at Bell Law.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • A Gov't Contractor's Guide To Davis-Bacon Prevailing Wages

    Excerpt from Practical Guidance
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    In light of shifting federal infrastructure priorities and recent updates to U.S. Department of Labor regulations, employers should take the time to revisit the basics of prevailing wage requirements for federal contractors under the Davis-Bacon Act and similar laws, says Timothy Taylor at Holland & Knight.

  • How New Expert Rules Are Already Changing Court Decisions

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    Though not formally effective until last week, some courts have been relying for several years on amended federal rules clarifying judges’ gatekeeping role, so counsel should be prepared to justify their expert witnesses’ methodologies and expect additional motion practice on expert testimony admissibility, say Colleen Kenney and Daniel Kelly at Sidley.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Business Takeaways From Biden's Global Labor Rights Memo

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    President Joe Biden's recent memorandum on protecting worker rights is one of the most expansive statements the administration has made regarding international labor rights policy, and reflects several points of which businesses should take note, including the government’s interest in working with the private sector on these issues and a notable focus on the transition to clean energy, say Tom Plotkin and Pegah Nabili at Covington.

  • 1st Circ. Ruling Helps Clarify Test For FLSA Admin Exemption

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    The First Circuit’s recent decision in Marcus v. American Contract Bridge League will help employers navigate the Fair Labor Standards Act's "general business operations" exemption and make the crucial and often confusing decision of whether white collar employees are overtime-exempt administrators or nonexempt frontline producers of products and services, says Mark Tabakman at Fox Rothschild.

  • Legal Lessons From Past World Cups To Keep In Mind For '26

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    The 2022 World Cup in Qatar and the 2023 Women's World Cup in Australia and New Zealand set new standards for sustainability, human rights and sponsorship — and with those new standards come new challenges for those involved in the planning of the 2026 World Cup in North America, say attorneys at Morgan Lewis.

  • 2nd Circ. Defamation Ruling May Chill NY Title IX Reports

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    The Second Circuit’s recent decision, holding accusers in Connecticut Title IX sexual misconduct cases are not immune to defamation claims, means that New York higher education institutions should reassess whether their disciplinary hearing procedures both protect due process and encourage victim and witness participation, says Nicole Donatich at Cullen and Dykman.

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