Expert Analysis

• E-Discovery Quarterly: Recent Rulings On ESI Control

  

  Several recent federal court decisions have perpetuated a split over what constitutes “control” of electronically stored information — with judges divided on whether the standard should turn on a party's legal right or practical ability to obtain the information, say attorneys at Sidley.

• Record Penalty Sets Stage For FinCEN Whistleblower Awards

  

  The Financial Crimes Enforcement Network’s record $80 million penalty against Canaccord, together with the agency's recently proposed rule on whistleblower awards, signals an increasingly aggressive enforcement posture and illustrates the significant financial stakes associated with reporting violations, says Marlene Koury at Constantine Cannon.

• How Guidance Narrows Federal Telework Accommodations

  

  A recent FAQ from the U.S. Equal Employment Opportunity Commission and the U.S. Office of Personnel Management offers agencies several ways to narrow telework as an accommodation for federal employees, including through in-office alternatives, revisiting prior approvals and substituting leave for situational telework, says Lori Kisch at Kalijarvi Chuzi.

• Del. Ruling Shows Power Of Postclose Governance Provisions

  

  After the Delaware Court of Chancery reinstated a target company's CEO as part of the equitable remedy in Fortis Advisors v. Krafton, deal parties should emphasize the importance of postclosing governance provisions to earnout economics, knowing that they will have to live with these provisions for the duration of the earnout period, say attorneys at Sidley.

• 7 Tips For Employers On Calif. Decision-Making Tech Rules

  

  Over the next eight months, many California employers must prepare to comply with challenging new requirements under the California Consumer Privacy Act that constitute the most comprehensive set of rules in the country on the use of automated decision-making technology, say attorneys at Littler.

• Employer Considerations After FTC's Noncompete Warning

  

  In light of Federal Trade Commission leadership's recent message that the agency remains committed to challenging noncompetes that operate as restraints of trade, employers should take several practical steps in order to reduce regulatory risk, including auditing existing agreements and narrowing restrictions, says Christopher Pickett at UB Greensfelder.

• 2 Discovery Rulings Break With Heppner On AI Privilege Issue

  

  While a New York federal court’s recent ruling in U.S. v. Heppner suggests that some litigants’ communications with AI tools are discoverable, two other recent federal court decisions demonstrate that such interactions generally qualify for work-product protection under the Federal Rules of Civil Procedure, says Joshua Dunn at Brown Rudnick.

• Series

  Isshin-Ryu Karate Makes Me A Better Lawyer

  

  My involvement in martial arts, specifically Isshin-ryu, which has principles rooted in the eight codes of karate, has been one of the most foundational in the development of my personality, and particularly my approach to challenges — including in my practice of law, says Kaitlyn Stone at Barnes & Thornburg.

• Employer Tips As Calif. Law Rewrites Retention Pay Rules

  

  California's recent enactment of A.B. 692 disrupts how employers structure sign-on bonuses, retention payments and other incentives tied to continued employment, but employers that adjust their compensation strategies can attract and retain talent while managing their compliance risks, say attorneys at Foley & Lardner.

• 5 Key Questions Attys Should Ask About Statistical Analyses

  

  Even attorneys without a background in statistics can effectively vet the general concepts of a statistical analysis by asking targeted questions and can thereby reinforce the credibility and relevance of expert testimony — or expose its weaknesses, say Katrina Schydlower and Christopher Cunio at Hunton and Kevin Cahill at FTI Consulting.

• What To Know About NY's Employment Credit Check Ban

  

  An amendment to the New York state Fair Credit Reporting Act prohibiting applicants' or employees' consumer credit history from being used in employment-related decisions statewide will take effect in a few days, so employers should update policies, train teams and audit positions for narrow exemptions, say attorneys at Reed Smith.

• Gender-Expansive Calif. Equal Pay Laws Widen Employer Risk

  

  California's recent amendments to strengthen its Equal Pay Act and Pay Transparency Act aim to shrink the wage gap, not only for women, but also for nonbinary and transgender employees, creating new compliance obligations for employers and increasing their potential exposure, say attorneys at the Jhaveri-Weeks Firm.

• 7 Mistakes To Avoid When Using Trial Graphics

  

  With several federal district judges recently expressing frustration with the overuse of PowerPoint slides in trial presentations, now is a good time for lawyers to assess when and how they use visuals to make sure their messages are communicated as effectively as possible, say Mark Rosman at Proskauer and Dan Bender at Digital Evidence Group.

• Artemis II Highlights Earthbound Employment Law Risks

  

  The recent Artemis II launch marks a milestone in human spaceflight and expanding commercial participation, but as companies race to the stars, their compliance practices must address the workforce needs on the ground, as extraordinary operational achievements will be evaluated under ordinary legal standards, say attorneys at Seyfarth.

• Opinion

  State Bars Need To Get Specific About AI Confidentiality

  

  Lawyers need to put actual client information into artificial intelligence tools to get their full value, but they cannot confidently do so until state bars offer clear, formal authority on which plan tiers of the three most popular generative AI tools are safe to use when sharing specific client details, says attorney Nick Berk.