Expert Analysis

• Opinion

  Deregulation Can Solve Labor Market Woes

  

  There is broad agreement that labor law is in need of reform, owing to few unions, slow procedures and weak remedies, and while deregulation will strike many as radical, it has worked for a variety of industries and could make competition a regular feature of the market, says Alexander MacDonald at Littler.

• Series

  Volunteering With Scouts Makes Me A Better Lawyer

  

  Serving as an assistant scoutmaster for my son’s troop reaffirmed several skills and principles crucial to lawyering — from the importance of disconnecting to the value of morality, says Michael Warren at McManis Faulkner.

• Recent Rulings Show DEI Isn't On Courts' Chopping Block

  

  Contrary to recent narratives that workplace diversity, equity and inclusion initiatives are on the verge of legal collapse, courts are applying familiar guardrails for litigating DEI-adjacent cases — requiring the right plaintiff, the right challenge and the right proof — rather than rewriting the rules on DEI, say attorneys at Krevolin Horst.

• Series

  Law School's Missed Lessons: In Court, It's About Storytelling

  

  Law school provides doctrine, cases and hypotheticals, but when lawyers step into the courtroom, they must learn the importance of clarity, credibility, memorability and preparation — in other words, how to tell simple, effective stories, say Nicholas Steverson and Danielle Trujillo at Wheeler Trigg, and Lisa DeCaro at Courtroom Performance.

• Aligning Microsoft Tools With NYC Bar AI Recording Guidance

  

  The New York City Bar Association’s recently issued formal opinion, providing ethical guidance on artificial intelligence-assisted recording, transcription and summarization, raises immediate questions about data governance and e-discovery for companies that use Microsoft 365 and Copilot, say Staci Kaliner, Martin Tully and John Collins at Redgrave.

• What Employers Should Know About Calif. PAGA Proposal

  

  Recently proposed regulations concerning the Private Attorneys General Act evidence an intent by California's Labor and Workforce Development Agency to play a greater role in the prosecution of PAGA actions, including more oversight over the exhaustion notices and settlement process, say attorneys at Paul Hastings.

• FTC Focus: Antitrust Spotlight On 'Acqui-Hires,' Noncompetes

  

  A recent Federal Trade Commission focus on labor issues, like 'acqui-hire' deals, in which only a company's workforce is acquired, and noncompetes, shows that the agency is scrutinizing these issues on a case-by-case basis, necessitating a meaningful look at these transactions, particularly in the technology and artificial intelligence industries, say attorneys at Proskauer.

• 5 Different AI Systems Raise Distinct Privilege Issues

  

  A New York federal court’s recent U.S. v. Heppner decision, holding that a defendant’s use of Claude was not privileged, only addressed one narrow artificial intelligence system, but lawyers must recognize that the spectrum of AI tools raises different confidentiality and privilege questions, says Heidi Nadel at HP.

• Miss. Race Bias Ruling Offers Cautionary Tale For Employers

  

  A Mississippi federal court's recent decision to let a jury decide a fired worker's discrimination claims illustrates that having a manager of the same race is not necessarily a defense, that jokes can be discriminatory, and that the good faith honest belief rule doesn't always protect employers, says Robin Shea at Constangy Brooks.

• Opinion

  AI-Assisted Arbitration Needs Safeguards To Ensure Fairness

  

  As tribunals and arbitral institutions increasingly use artificial intelligence tools in their decision-making processes, ​​​​​​​clear disclosure standards and procedural safeguards are necessary to ensure that efficiency gains do not erode the fairness principles on which arbitration depends, says Alexander Lima at Wesco International.

• Logistics Update: What Immigrant Driver Rule Means For Cos.

  

  The Federal Motor Carrier Safety Administration's new final rule restricting issuance of commerical driver's licenses for nondomiciled drivers will have immediate operational implications for motor carriers, but the broader effects will ripple through relationships between service providers and their sources of freight, including brokers and shippers, say attorneys at Benesch.

• What's Next After NLRB Dismissal Of SpaceX Suit

  

  Though the National Labor Relations Board’s recent decision to dismiss its long-running unfair labor practice complaint against SpaceX on jurisdictional grounds temporarily resolves a circuit split over injunctions, constitutional and employee-classification questions remain, say attorneys at Proskauer.

• Series

  Playing Piano Makes Me A Better Lawyer

  

  Playing piano and practicing law share many parallels relating to managing complexity: Just as hearing an entire musical passage in my head allows me to reliably deliver the message, thinking about the audience's impression helps me create a legal narrative that keeps the reader engaged, says Michael Shepherd at Fish & Richardson.

• AI Trade Secret Conviction Highlights Espionage Risks

  

  A California federal court's conviction last month of an ex-Google engineer who stole artificial intelligence trade secrets for the benefit of China is the latest in a series of foreign economic espionage cases and illustrates the urgent need for U.S. companies to implement robust security measures, says attorney Peter Toren.

• A Look Inside The EEOC Probe Of Nike's DEI Practices

  

  The U.S. Equal Employment Opportunity Commission's recent sweeping subpoena against Nike for alleged discrimination against white employees and applicants signals a dramatic change in enforcement posture toward diversity, equity and inclusion programs that were previously permissible, say attorneys at Husch Blackwell.