When Royal Cornwall Hospital responded to a routine Freedom of Information request in 2023, they had no idea they were about to expose sensitive staff data to the public. The hospital recently apologized after discovering that a spreadsheet published on their website contained hidden sickness absence data for 8,100 current
Articles Discussing The Work Of Practicing Labor And Employment Law.
They Said What?!: Protect Your Internal Discussions from Disclosure in Litigation
Lessons From Appellate Practice: Inclusive Decision-making May Increase Litigation Risks
Discrimination claims turn on the motive for the employment decision at issue. Accordingly, cases often focus on the decision-maker. What comments has he made that might suggest prohibited bias? Whom else has she made decisions about under similar circumstances? What did she know and when did she know it? When
Third Circuit Greenlights FLSA Releases in Rule 23 Opt-Out Settlements
Third Circuit Greenlights FLSA Releases in Rule 23 Opt-Out Settlements
On October 16, 2025, in a matter of first impression, the U.S. Court of Appeals for the Third Circuit held in Lundeen v. 10 West Ferry Street Operations LLC d/b/a Logan Inn,1 that the Fair Labor Standards Act’s (FLSA) opt-in
Littler Lounge: Data Doesn’t Lie – Following the Digital Footprints in Workplace Lawsuits
Littler Lounge: Data Doesn’t Lie – Following the Digital Footprints in Workplace Lawsuits
Think your digital trail is just background noise? Think again. In this episode, discover how data – from social media to id badge swipes – can alter the trajectory of a workplace lawsuit. Hosts Claire Deason and
What Employers Need to Know About the Fate of Wider Relief After Trump v. CASA, Inc.
What Employers Need to Know About the Fate of Wider Relief After Trump v. CASA, Inc.
On June 27, 2025, in Trump v. CASA, Inc., the U.S. Supreme Court held that universal injunctions—injunctions that prohibit the federal government from enforcing a law, regulation, order, or policy to any person, not
Supreme Court Limits Nationwide Injunctions, but Does Not Decide on Birthright Citizenship Challenge
In a closely watched decision issued on June 27, 2025, the Supreme Court of the United States ruled in Trump v. CASA, Inc., No. 24A884, that federal district courts lacked authority to issue universal (nationwide) injunctions blocking enforcement of federal policies. While the decision did not resolve the underlying constitutional
Attorney-client Privilege: Common Pitfalls
The post Attorney-client Privilege: Common Pitfalls appeared first on Hirsch Roberts Weinstein LLP.
Supreme Court Ruling Eliminates Some Nationwide Injunctions, Opening the Door for Legal and Operational Uncertainty for Employers
In a consequential decision issued on June 27, 2025, the U.S. Supreme Court ruled that federal courts may not issue nationwide injunctions unless the relief is necessary to address the specific injuries of the named plaintiffs.
Supreme Court Rules Federal District Courts Likely Lack Authority for Universal Injunctions
On June 27, 2025, the Supreme Court of the United States held that federal district courts likely lack the authority to issue universal injunctions blocking presidential actions nationwide, a ruling that is likely to allow the Trump administration to continue enforcing executive orders (EO) or other policies despite legal challenges
Responding to a Subpoena for Employment Records
Employers often receive subpoenas demanding the records of a current or former employee, even if there is no pending litigation. The current or former employee may be involved in litigation, and one of the parties needs
‘Motive’ or ‘Animus’? Lessons From Appellate Practice
The term “animus” is often used interchangeably with “motive” by lawyers and courts, but the two words have different meanings and connotations, and confusion between them can become an unnecessary complication. None of us needs any extra complications. So, practitioners may want to choose their words carefully.
5 Issues for Every Trial Lawyer, From the Appellate Perspective
Trying to win cases is hard enough, but one thing to think about is that a case may not end at trial. There may be an appeal. And when there is an appeal, what happened at trial will be critical.
Three Key Considerations in Crafting Effective Multistate Separation Agreements
One of the main reasons for a separation agreement with an employee is to obtain an effective release of claims against the employer. However, ensuring release agreements are effective and enforceable is becoming increasingly challenging as more and more states have specific requirements and restrictions.
Supreme Court Finds SEC’s In-House Adjudicative Proceedings Violated Seventh Amendment Right to Jury Trial
On June 27, 2024, the Supreme Court of the United States held that defendants in securities fraud cases brought by the U.S. Securities and Exchange Commission (SEC) are entitled to a jury trial under the Seventh Amendment—a ruling that could call into question enforcement actions seeking civil penalties by the