A Texas-based energy company told a Galveston federal judge Tuesday that parties are afforded "certain rights not to face trial," pushing the court to halt an upcoming National Labor Relations Board administrative proceeding against the company on the basis that the board's process is unconstitutionally structured.
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WEDNESDAY, JULY 17, 2024 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

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Energy Co. Says 'Abstract Harm' Of NLRB Process Merits Halt

By Catherine Marfin

A Texas-based energy company told a Galveston federal judge Tuesday that parties are afforded "certain rights not to face trial," pushing the court to halt an upcoming National Labor Relations Board administrative proceeding against the company on the basis that the board's process is unconstitutionally structured.

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Delta's $16M Pay Stub Deal Scores Initial OK

By Irene Spezzamonte

A California federal judge signed off on a $16 million deal Tuesday settling a suit accusing Delta Air Lines of wage statement violations under the California Labor Code and Private Attorneys General Act, finding the deal fair and reasonable.

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NYC To Pay $6.2M To End Rikers Officers' OT Suit

By Elliot Weld

New York City will pay $6.2 million to settle a proposed collective action brought by a group of Rikers Island employees who alleged the city was late in paying their overtime wages and that about $1 million in overtime money was not paid.

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Ex-County Exec Wants Firm Kicked Off NJ Discrimination Suit

By George Woolston

A former New Jersey county health director who claims his termination was retaliatory wants the firm representing the county disqualified, arguing Testa Heck Testa & White PA is conflicted due to interactions he had with two of the firm's attorneys before and during his termination meeting.

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7th Circ. Backs Manufacturer Win In Worker's Retaliation Suit

By Emmy Freedman

The Seventh Circuit declined Tuesday to reinstate a lawsuit from a Black worker accusing a manufacturing company of firing him in retaliation for complaining about race discrimination with his union, saying there's no error in the lower court's decision despite it relying on his former plant manager's flubbed testimony.

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DIVERSITY SNAPSHOT

The 2024 Diversity Snapshot: What You Need To Know

By Xiumei Dong

Law firms' ongoing initiatives to address diversity challenges have driven another year of progress, with the representation of minority attorneys continuing to improve across the board, albeit at a slower pace than in previous years. Here's our data dive into minority representation at law firms in 2023.

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These Firms Have The Most Diverse Equity Partnerships

By Gerald Schifman

Law360’s law firm survey shows that firms' efforts to diversify their equity partner ranks are lagging. But some have embraced a broader talent pool at the equity partner level. Here are the ones that stood out.

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DISCRIMINATION

Ex-NBA Ref Must Show Psychologist Comms In COVID-19 Suit

By Elaine Briseño

A former NBA referee must turn over records between his psychologist and his counsel to demonstrate whether the league's COVID-19 vaccination policies had the debilitating effect on his psyche that he claims in a lawsuit, a New York federal judge has ruled.

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Marathon Beats Ex-Worker's Gender Discrimination Case

By Thy Vo

A Colorado federal judge has dismissed a lawsuit brought by a former Marathon Petroleum human resources supervisor who claimed she was forced out for inappropriate behavior while male coworkers got a free pass, finding that the supervisor's conduct was worse than the male colleague who she claimed received preferential treatment.

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WAGE & HOUR

JB Hunt To Pay $4.2M To End Wash. Pay Range Suit

By Abby Wargo

J.B. Hunt Transport will fork over $4.2 million to a class of 2,200 job applicants to settle a lawsuit accusing the freight company of failing to include salary ranges in job postings and violating Washington state law, according to a court order tentatively approving the deal.

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BENEFITS

Union Fund Trustees Say Elevance Usurped Fiduciary Power

By Patrick Hoff

The trustees of two union health plans said Elevance Health Inc. and its subsidiaries violated federal benefits law when they overpaid themselves for administrative services and medical providers for patient care, arguing the insurer had significant control over the management of the plans and their assets.

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EXECUTIVE COMPENSATION

Ex-CBD Cos. GC Says Owner Hasn't Paid What Deal Promised

By Adrian Cruz

The former general counsel of several CBD companies has told a Pennsylvania federal judge that their owner failed to keep up her end of a settlement agreement that ended his suit to obtain over $600,000 in back pay and benefits he and his wife felt they were owed.

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PEOPLE

Fisher Phillips Adds Employment Ace In Dallas From Ogletree

By Lynn LaRowe

Fisher Phillips announced Tuesday that it has upped the headcount at its new Dallas location with a partner who came aboard from Ogletree Deakins Nash Smoak & Stewart PC.

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EXPERT ANALYSIS

The Show Must Go On: Noncompete Uncertainty In Film, TV

The Federal Trade Commission has taken action to ban noncompetes while the entertainment industry is in the midst of a massive shift away from traditional media, so it is important for studio heads and content owners alike to understand the fate of the rule and their options going forward, say Christopher Chatham and Douglas Smith at Manatt.

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'Outsourcing' Ruling, 5 Years On: A Warning, Not A Watershed

A New York federal court’s 2019 ruling in U.S. v. Connolly, holding that the government improperly outsourced an investigation to Deutsche Bank, has not undercut corporate cooperation incentives as feared — but companies should not completely ignore the lessons of the case, say Temidayo Aganga-Williams and Anna Nabutovsky at Selendy Gay.

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Big Business May Come To Rue The Post-Administrative State

Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.

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Series

Serving In The National Guard Makes Me A Better Lawyer

My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.

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LEGAL INDUSTRY

Analysis

3 Reasons Why 2nd Menendez Bribery Case Was The Charm

By Carla Baranauckas

Nearly seven years after the government's first bribery case against longtime U.S. Sen. Robert Menendez collapsed in a hung jury, prosecutors avenged that loss Tuesday by sealing a conviction on a new round of corruption charges.

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Menendez Guilty Of 'Shocking Corruption,' Urged To Resign

By Cara Salvatore, Pete Brush and Carla Baranauckas

A New York federal jury found U.S. Sen. Robert Menendez guilty on Tuesday of taking gold bars, cash and a Mercedes-Benz as bribes from three businessmen, handing a victory to the government on its second try to convict the embattled New Jersey Democrat on corruption charges and prompting calls for his resignation.

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Trump Special Prosecutor Ruling Could Find Favor On Appeal

By Carolina Bolado

When U.S. District Judge Aileen Cannon dismissed the criminal case against former President Donald Trump in Florida over what she said was an unconstitutional appointment of a special prosecutor, she staked out a position that few other jurists have taken, but that could find support among some appellate judges, experts said.

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Ex-Trump Counsel Has Advice For GOP On Judicial Noms

By Courtney Bublé

A former Trump White House official who worked on judicial nominations has advised a potential future Republican administration to be aggressive, proactive and not to compromise on circuit court picks.

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Smirnov Wants David Weiss DQ'd After Trump Docs Ruling

By Hailey Konnath

Former FBI informant Alexander Smirnov said Monday that a Florida federal judge's order disqualifying the special prosecutor in the Donald Trump classified documents case means special counsel David Weiss should also be disqualified from Smirnov's case, according to a motion filed in California federal court.

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Fed. Circ. OKs Judge Connolly's Fine Against IP Biz Owner

By Andrew Karpan

A precedential ruling from the Federal Circuit on Tuesday found that Delaware's top judge has the right to fine a Texas paralegal who is the sole owner of patent litigation outfit Backertop Licensing LLC $200 a day for refusing to show up in court as part of the judge's investigation into whether Backertop and others hid their connection to big-name intellectual property consulting firm IP Edge.

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Musk Says X, SpaceX Moving To Texas Over Calif. Gender Law

By Lauren Berg

Elon Musk took to X Tuesday to announce he will be moving the headquarters of the social media company and his astronautics company, SpaceX, out of California to Texas, after Golden State Gov. Gavin Newsom signed a bill that bars policies mandating that teachers notify parents about students' gender identity.

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$4.5M Davis Wright Deal In Ore. Fraud Suit Gets Final OK

By Sydney Price

An Oregon federal judge has fully adopted a magistrate judge's recommendation to sign off on a $4.5 million deal resolving investor claims against law firm Davis Wright Tremaine LLP for its work representing entities involved in an alleged real estate securities fraud scheme, while two banks were dismissed from the case.

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Tesla Swaps Cravath Out, WilmerHale In For Antitrust Defense

By Lauren Berg

WilmerHale has taken over from Cravath Swaine & Moore LLP as counsel for Tesla in a proposed class action in California federal court alleging the company runs an unlawful monopoly on parts for its electric vehicles.

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ACLU Legal Director Leaving For Expanded Georgetown Role

By Kevin Penton

The American Civil Liberties Union's national legal director plans to step down from a role he has held for eight years, the organization confirmed Tuesday.

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Groups Slam UC Berkeley's 'Misreading' Of Antisemitism Case

By Jake Maher

Jewish organizations suing the University of California, Berkeley, and its law school for allegedly tolerating an antisemitic culture on campus fought to keep their suit alive this week in the face of a motion to dismiss, maintaining their claims are ripe despite UC Berkeley's "bold misreading" of the case.

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LAW FIRMS IN TODAY'S NEWS

Ackermann & Tilajef

Akin Gump

Arnold & Porter

Atheria Law

Atkinson Andelson

Baker Botts

Baker Donelson

Berger Montague

Berry Appleman

Best Best & Krieger

Boies Schiller

Bookoff McAndrews

Buchalter APC

Buckley LLP

Cahill Gordon

Carlton Fields

Carmody Torrance

Chamberlain Hrdlicka

Chamblee Ryan

Cleary Gottlieb

Coburn & Greenbaum

Continental PLLC

Cooley LLP

Cravath Swaine

Crowell & Moring

Cuneo Gilbert

Davis & Wright

Davis Wright Tremaine LLP

Diaz Reus

Ellis George LLP

Esler Stephens

Farella Braun

Finger & Slanina

Finnegan

Fisher & Phillips

Fragomen Del Rey

Freed Kanner

Fullerton Beck

Gibbons PC

Gingras Cates & Wachs

Glancy Prongay

Gordon Rees

Gross Klein

Hogan Lovells

Holland & Knight

Hunton Andrews

Ionno & Higbee

Irell & Manella

Jackson Lewis PC

Jones Day

Kasowitz Benson

Keker Van Nest & Peters

Knobbe Martens

Kudman Trachten

Larkins Vacura

Littler Mendelson

Livingston Adler

Lozano Smith

Manatt Phelps

Manning & Kass

Morella & Associates

Morgan Lewis

Morrison Foerster

Munger Tolles

Nelson Mullins

Nichols Kaster

Nossaman LLP

Ogletree Deakins

Orrick Herrington

Paternoster Farnell

Paul Hastings

Pearson Warshaw

Perkins Coie

Riley Safer

Roig Lawyers

Saveri & Saveri

Schneider Wallace

Scopelitis Garvin

Seed IP

Selendy Gay

Shutts & Bowen

Sorrentino Burkert

Squire Patton

Sterne Kessler

Stoll Berne

Summit Law Group

Testa Heck

The Law Firm of Cesar de Castro

Tostrud Law Group

Waymaker LLP

White & Case

Willkie Farr

WilmerHale

Wilson Sonsini

Withersworldwide

Wong Fleming

Zuber Lawler

COMPANIES IN TODAY'S NEWS

American Civil Liberties Union

Axon Enterprise Inc.

Chevron Corp.

Community Financial Corp.

Cottrell Inc.

Delta Air Lines Inc.

Deutsche Bank AG

Elevance Health Inc.

Empire HealthChoice HMO Inc.

Energy Transfer LP

International Union of Bricklayers and Allied Craftworkers

J.B. Hunt Transport Services Inc.

LinkedIn Corp.

Marathon Petroleum Corp.

Mercedes-Benz USA LLC

National Basketball Association Inc.

National Rifle Association of America

Netflix Inc.

Pacific Premier Bancorp Inc.

Pluto TV

Regents of the University of California

Riverview Bancorp Inc.

Roadrunner Transportation Systems Inc.

Roku Inc.

Ryan LLC

Screen Actors Guild-American Federation of Television & Radio Artists

Space Exploration Technologies Corp.

Tesla Inc.

The Goldman Sachs Group Inc.

U.S. Chamber of Commerce

United Steelworkers

GOVERNMENT AGENCIES IN TODAY'S NEWS

California Supreme Court

City of New York

Commodity Futures Trading Commission

Consumer Financial Protection Bureau

Equal Employment Opportunity Commission

Federal Bureau of Investigation

Federal Communications Commission

Federal Reserve System

Federal Trade Commission

National Labor Relations Board

Office of the Comptroller of the Currency

Texas Workforce Commission

U.S. Attorney's Office for the Eastern District of New York

U.S. Attorney's Office for the Southern District of New York

U.S. Civilian Board of Contract Appeals

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Seventh Circuit

U.S. Department of Health and Human Services

U.S. Department of Justice

U.S. Department of Labor

U.S. Department of the Treasury

U.S. District Court for the Central District of California

U.S. District Court for the District of Connecticut

U.S. District Court for the District of Oregon

U.S. District Court for the Eastern District of New York

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Texas

U.S. District Court for the Southern District of Florida

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Pennsylvania

U.S. Environmental Protection Agency

U.S. Merit Systems Protection Board

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

United States District Court for the District of Colorado

United States District Court for the Eastern District of Wisconsin