A newsletter by Reuters and Westlaw |
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By Diana Novak Jones, Mike Scarcella and Sara Merken |
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The National Labor Relations Board's enforcement powers are under scrutiny in the 5th Circuit today as the court considers lawsuits brought by Elon Musk's SpaceX and Amazon.com, reports our colleague Daniel Wiessner. Amazon, SpaceX and many other companies are going on the offensive by suing the NLRB in order to block it from pursuing cases accusing them of illegal labor practices, part of a broader onslaught by businesses and conservative groups on the "administrative state." Today's cases are among the first of more than two dozen similar lawsuits, which claim the NLRB's structure is unconstitutional, that have reached influential U.S. appeals courts. The NLRB, which is the agency that enforces private-sector employees' rights to advocate for better working conditions and to organize, could see its work brought to a standstill by court rulings invalidating the agency's in-house proceedings. Those rulings could also potentially tee up review by the U.S. Supreme Court, whose conservative majority has in recent years reined in the powers of federal agencies. |
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That's the salary below which employers must pay their workers overtime after a judge struck down a Biden administration rule that raised the salary bar and would have made about 4 million more salaried U.S. workers eligible for overtime pay. U.S. District Judge Sean Jordan in Sherman, Texas, said the U.S. Department of Labor rule that took effect in July, which increased the threshold to $44,000, improperly based eligibility for overtime pay on workers' wages rather than their job duties. |
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"We believe that they all conspired to assassinate Malcolm X."
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—Attorney Ben Crump, who filed a $100 million federal lawsuit on behalf of the family of Malcolm X, a militant civil rights leader assassinated almost 60 years ago, accusing the FBI, CIA and NYPD of allowing his murder to be carried out. |
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- Today, the 5th Circuit will hear arguments in a lawsuit brought by major U.S. airlines against the U.S. Transportation Department challenging a new rule requiring upfront disclosure of airline fees. Lobbying group Airlines for America, along with American Airlines, Delta Air Lines, United Airlines and others say the department's rule would confuse consumers and that its "attempt to regulate private business operations in a thriving marketplace is beyond its authority."
- On Tuesday, the Manhattan District Attorney's office faces a deadline to propose next steps for the criminal case against Donald Trump over his payments of hush money to porn star Stormy Daniels now that Trump has won the election. Trump's scheduled Nov. 26 sentencing is widely expected to be postponed.
- On Wednesday, the DOJ faces a deadline to file its proposed final judgment in its case accusing Google of illegally monopolizing online search. In August, U.S. District Judge Amit Mehta ruled that Google violated antitrust law, spending billions of dollars to create an illegal monopoly that made it the world's default search engine. The ruling paves the way for a second trial to determine potential fixes, possibly including a breakup of Google parent Alphabet.
- On Thursday, former Mozambique finance minister Manuel Chang is scheduled to be sentenced after his conviction in a U.S. trial for his involvement in a fraud involving $2 billion in loans to three state-owned companies. Prosecutors said shipbuilding firm Privinvest paid Chang $7 million in bribes in exchange for approving a Mozambique government guarantee for loans to three state companies to develop the African nation's fishing industry and improve maritime security.
- On Friday, rap mogul Sean "Diddy" Combs is expected in court for a hearing on his request for release from jail pending trial. Combs has proposed a $50 million bail package backed by his Florida mansion that he hopes will win his release from the Brooklyn jail where he has been held for eight weeks on criminal sex trafficking charges. Combs has been denied bail three times since his arrest, with multiple judges citing a risk that he might tamper with witnesses.
Court calendars are subject to last-minute docket changes.
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- Elon Musk expanded his lawsuit against ChatGPT maker OpenAI, adding federal antitrust and other claims and adding OpenAI's largest financial backer Microsoft as a defendant. Musk's amended lawsuit said Microsoft and OpenAI illegally sought to monopolize the market for generative artificial intelligence and sideline competitors.
- Consumers who sued Boar's Head after it recalled millions of pounds of deli meats over concerns of listeria contamination have agreed to settle their claims, their attorneys told a New York federal judge.
- Sterilization company Cosmed Group has filed for bankruptcy protection after being named in at least 300 lawsuits alleging that its airborne cleaning chemicals caused injuries including cancer.
- Pennsylvania has lost a court bid to block a private equity firm from closing a Pyrex glassware plant and transferring its assets to a facility more than 150 miles away in neighboring Ohio. In denying the state's request for a preliminary injunction, U.S. District Judge Nicholas Ranjan said Pennsylvania had not shown the asset merger would harm output or drive up prices.
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- Outgoing U.S. Patent and Trademark Office director Kathi Vidal will rejoin her former law firm Winston & Strawn on December 16 after leaving the agency. (Reuters)
- McDermott added partner Erin Turley in its employee benefits and executive compensation group. Turley, who is based in D.C., was previously the CEO of MAP Communications Holdings. (McDermott)
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The New York State Department of Financial Services has issued new guidance to financial services companies regarding cybersecurity risks arising from artificial intelligence and strategies to reduce those risks. Diana Eng and Susan Kuruvilla of Blank Rome explain what companies need to know about the new guidance. Read today's Attorney Analysis. |
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