Weed Testing for Workers May Not Be Worth It Anymore
On The Merits
by Bloomberg Industry Group
2d ago
Marijuana is now legal in about half of the states, but still maintains its illegal status at the federal level. What does this mean for an employer who wants to, or has to, administer drug tests for its employees? We tackle that question on our podcast, On The Merits, with Sean Mack, a partner and co-chair of the cannabis and hemp law practice at the New Jersey firm Pashman Stein. Mack says testing employees for marijuana–or even firing them for testing positive–is now so fraught with employment law issues that it may no longer be worth the hassle. Mack also talks about a case out of Ohio, Fi ..read more
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DOJ Prosecutor Wants to Make Antitrust Relatable
On The Merits
by Bloomberg Industry Group
1w ago
Hetal Doshi, the top antitrust litigator at the Department of Justice, says she tries to make the cases her team pursues easy for the average person to understand. "If we are litigating cases inside an echo chamber, or like in a very narrow, technocratic way that only other lawyers can understand, then we're failing to do our jobs," Doshi says on this episode of our podcast, On The Merits. Doshi spoke to reporters Leah Nylen and Danielle Kaye about how this philosophy played into recent cases that blocked mergers in the airline and publishing industries. Doshi also talks about the idea that an ..read more
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Who's to Blame for Commerce Department Billing Mess?
On The Merits
by Bloomberg Industry Group
2w ago
The Commerce Department's disastrous rollout of a new payment system left some National Weather Service employees on the hook for their own business expenses, and even led utility companies to shut off power to some critical weather systems due to unpaid bills. Bloomberg Government reporter Jack Fitzpatrick found that even now, months after this system went online, the Department is still working through a backlog of unpaid invoices. And despite a report from its Inspector General, it's still not clear what exactly went wrong and who at the Department is to blame. On this episode of our podcas ..read more
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Why Lawsuits Against Campus Antisemitism May Succeed
On The Merits
by Bloomberg Industry Group
2w ago
Harvard, NYU, and several other elite universities have been hit with civil rights lawsuits from students who say the schools allow, or at least don't counter, campus antisemitism. Though these suits largely stem from an increase in antisemitic incidents since Oct. 7, attorneys say the groundwork for them was laid with an executive order back in 2019. That's when the Trump administration adopted a broad definition of antisemitism for civil rights claims under Title VI of the Civil Rights Act of 1964. On today's episode of On The Merits, Bloomberg News reporter David Voreacos talks about the li ..read more
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Russian Bankruptcy Sheds Light on Litigation Finance
On The Merits
by Bloomberg Industry Group
2w ago
It's becoming more common for investors to chip in money for a lawsuit in exchange for a share of any payout a party wins, a practice known as litigation finance. But, as a recent Bloomberg Law investigation found, the identities of these litigation funders is often shrouded in mystery—and can have national security implications. Bloomberg Law reporters Emily R. Siegel and John Holland learned about a Russian company with close ties to Vladimir Putin that financed the creditors in US and UK bankruptcy proceedings—even after several of its founders were sanctioned due to the Russian invasion of ..read more
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Why Lawsuits Against Campus Antisemitism May Succeed
On The Merits
by Bloomberg Industry Group
2w ago
Harvard, NYU, and several other elite universities have been hit with civil rights lawsuits from students who say the schools allow, or at least don't counter, a culture on campus of pervasive antisemitism. Though these suits largely stem from an increase in antisemitic incidents since Oct. 7 and the start of the Israel-Hamas conflict, attorneys say the groundwork for them was laid with an executive order back in 2019. That's when the Trump administration adopted a newer, more broad definition of antisemitism for civil rights claims under Title VI of the Civil Rights Act of 1964. On today's ep ..read more
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Russian Bankruptcy Sheds Light on Litigation Finance
On The Merits
by Bloomberg Industry Group
3w ago
It's becoming more common for investors to chip in money for a lawsuit in exchange for a share of any payout a party wins, a practice known as litigation finance. But, as a recent Bloomberg Law investigation found, the identities of these litigation funders is often shrouded in mystery—and can have national security implications. Bloomberg Law reporters John Holland and Emily R. Siegel learned about a Russian company with close ties to Vladimir Putin that financed the creditors in US and UK bankruptcy proceedings—even after several of its founders were sanctioned due to the Russian invasion of ..read more
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California Fights to Keep Insurers Despite Fire Risk
On The Merits
by Bloomberg Industry Group
1M ago
Insurance companies like The Allstate Corp. and State Farm have experienced one too many devastating wildfire seasons in California. Many are looking to exit the market in impacted communities, but a powerful state lawmaker is trying to keep them. Mike McGuire is a Democrat representing a Northern California district directly affected by wildfires, and he just became the top ranking member of the California State Senate. Many of his constituents say they've gotten non-renewal notices or steep rate hikes. He wants to require insurers to issue policies to property owners who take wildfire mitiga ..read more
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Why Are Lawyers Still Making Bad AI Mistakes?
On The Merits
by Bloomberg Industry Group
1M ago
Generative AI has the potential to transform the legal profession, and the guest on today's episode of our podcast, On The Merits, believes it will. But the tech also has led some lawyers to make embarrassing and costly mistakes. Lawyers have filed briefs in court that contain citations fabricated by AI tools. And a law firm in New York recently got a dressing down from a judge for using AI to estimate the fees it was entitled to. Katherine Forrest, a former federal judge and current partner at the firm Paul Weiss, talks with Bloomberg Law reporter Isabel Gottlieb about why AI isn't appropriat ..read more
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Law Firms Need to Be Aware of Neurodivergence Trend
On The Merits
by Bloomberg Industry Group
1M ago
A quarter of law students surveyed by Bloomberg Law late last year said they self-identify as neurodivergent, an umbrella term for people with ADHD, autism, or another condition that causes their brains to function differently than that of the average person. But the same survey found that more than three times fewer working attorneys identify as neurodivergent. Which means, as more of this upcoming cohort of lawyers enters the workforce, firms may need to change their policies to accommodate them—or, at the very least, to avoid being hit with disability discrimination complaints. Bloomberg La ..read more
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