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Expert Analysis

• Understanding Risks Of Employees' AI-Drafted Complaints

  

  As employees increasingly use generative artificial intelligence to draft complaints about workplace misconduct, investigators must adapt their practices so that the process remains fair, thorough and grounded in fact, says Rebecca Foxwell at Bracewell.

• Clancy Trial Shows Need For Juror Anonymity Reforms

  

  Doxing of the holdout juror in the Lindsay Clancy murder mistrial in Massachusetts illustrates the increasing need to provide jurors with greater protection once service ends in high-profile cases, balancing concerns about transparency and independence, says Daniel Schneider at Offit Kurman.

• CFTC's New Award Policy Punishes Whistleblower Success

  

  The U.S. Commodity Futures Trading Commission recently capped four whistleblower awards because it considered them too large, arguing that it could lead to frivolous reporting, but the move instead penalizes the program for its own success and flies in the face of the framework enacted by Congress, say attorneys at Whistleblower Partners.

• AI Meeting Recaps Pose New Discovery And Privilege Risks

  

  The New York City Bar Association’s recent ethics opinion, cautioning attorneys not to record nonclient conversations with artificial intelligence tools, reflects an emerging view that AI meeting recaps are now a distinct business record category, meaning counsel should set meeting-level controls and apply framework-level updates, says William Wright at Faegre Drinker.

• How Employers Can Navigate NLRB Rulings Ripe For Reversal

  

  Given a recent National Labor Relations Board memo seeking to reverse several precedents — including on severance agreements and workplace policies — employers should prepare now to restore broader protections when the board acts, while following the law as it exists today, says Howard Lavin at Thompson Coburn.

• First Steps For Companies Facing AI-Assisted Pro Se Suits

  

  As the volume of filings by pro se litigants assisted by artificial intelligence tools continues to increase, companies should adopt a consistent early assessment process to control costs while responding fairly and effectively to such claims, say attorneys at Stradley Ronon.

• How To Improve Hiring Transparency Amid Ghost Job Scrutiny

  

  Recent regulatory and state law scrutiny of ghost job postings for roles that don't exist or aren't being filled signals a shift toward hiring transparency, and employers that fail to adapt risk enforcement actions, consumer protection claims and financial penalties, say attorneys at Foley & Lardner.

• Playing Bid Whist Makes Me A Better Lawyer

  

  As a child, I viewed bid whist as a family tradition and a source of friendly card game competition, but as a lawyer, I see it as a tool that has helped me cultivate skills like communication, teamwork, risk assessment and composure, says Keyonn Pope at Riley Safer.

• Navigating Employer Obligations Under NY Personnel File Law

  

  In light of a New York law that will soon give private sector employees the right to review and comment on their personnel files, employers should understand where their exposure lies and be mindful of where records are stored, and for how long, among other things, says attorney Jason Tenenbaum.

• Calif. Bill Goes Too Far In Trying To Regulate Attorney AI Use

  

  California’s first-in-the-nation act regulating how attorneys and arbitrators use generative artificial intelligence will likely soon become law, but read broadly, the provisions may dissuade lawyers from employing AI at all, thereby depriving them of key work tools, says Joshua Wurtzel at Schlam Stone.

• Reel Justice: 'The Furious' And Journalistic Evidence

  

  Viewing "The Furious” from a litigator’s perspective highlights nuances that arise when gathering evidence from journalistic investigations, serving as a reminder to not only ask whether evidence is relevant, but also what legal framework governs the person or entity holding it, says Veronica Finkelstein at Widener-Delaware Law.

• Resetting For Success After Corporate Litigation Loses Focus

  

  Corporate litigation that has lost strategic coherence may barrel disastrously ahead if counsel’s understanding of the matter drifts from the client’s goals, but cases can be wrenched back on track by diagnosing how facts have evolved, determining where resources are justified and deploying practical strategies for restoring discipline, says Jonathan Morris at Gordon Rees.

• Harvard Morgue Deal Shows Stakes Of Good Faith Immunity

  

  Harvard's recent $53 million payment to settle lawsuits concerning body part thefts from its medical school morgue spotlights the state’s Uniform Anatomical Gift Act, which only extends good faith immunity to anatomical donation stakeholders if certain conditions are met, says Christina Strong at Dilworth Paxson.