Expert Analysis

• Tips For Litigating Against Pro Se Parties In Complex Disputes

  

  Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.

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  In Focus At The EEOC: Eliminating Recruiting, Hiring Barriers

  

  While the recruiting and hiring segment of the U.S. Equal Employment Opportunity Commission’s recently finalized strategic enforcement plan spotlights the potential discriminatory effects of artificial intelligence, employers should note that it also touches on traditional bias issues such as unlawfully targeted job advertisements and application inaccessibility, say Rachel See and Annette Tyman at Seyfarth.

• What Whistleblowing Trends Mean For Securities Litigation

  

  A recent survey on whistleblowing-related topics suggests several valuable lessons for companies to consider regarding securities and shareholder litigation, and underscores the need to implement and advertise robust whistleblowing policies to employees, say attorneys at Freshfields.

• How Cos. Can Mitigate IP Risks After NY Labor Law Updates

  

  A recent New York labor law amendment limits the permissible scope of invention assignment agreements, leading to potential intellectual property risks for New York-based employers, which they can reduce through several steps, including the reevaluation of assignment provisions in employment agreements, say attorneys at Crowell & Moring.

• A Look Into The Developing Regulation Of Employer AI

  

  Although employers' use of artificial intelligence is still limited, legislators and companies have been ramping up their efforts to regulate its use in the workplace, with employers actively contributing to the ongoing debate, say Gerald Hathaway and Marc-Joseph Gansah at Faegre Drinker.

• Get Ready For Calif.'s Expanded Restrictive Covenant Ban

  

  California recently passed the second of two new laws that together largely prohibit restrictive covenants, even for certain out-of-state employers — and since there's not much time before the statutes become effective, now is the time for companies to revisit how their confidential information will be protected, says Russell Beck at Beck Reed.

• Class Action Defense: Don't Give Up On Bristol-Myers Squibb

  

  Federal appellate court decisions in the six years since the U.S. Supreme Court decided Bristol-Myers Squibb show that it's anyone's ballgame in class action jurisdictional arguments, so defendants are encouraged to consider carefully whether, where and when arguing lack of specific personal jurisdiction may be advantageous, say attorneys at K&L Gates.

• Parsing Maryland's Earned Wage Access Products Guidance

  

  The Maryland Office of Financial Regulation's new guidance on earned wage access products intended to provide clarity under the state's law may be confusing, but ultimately means one thing — you are either the employer's service provider helping offer an employee benefit, or you are not and therefore considered a lender, say attorneys at Greenberg Traurig.

• Pro Bono Work Is Powerful Self-Help For Attorneys

  

  Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

• High Court Bakery Driver Case Could Limit Worker Arbitration

  

  Employers that require arbitration of worker claims under the Federal Arbitration Act should closely follow Bissonnette v. LePage Bakeries as it goes before the U.S. Supreme Court, which could thoroughly expand the definition of “transportation workers” who are exempt from compulsory arbitration and force companies to field more employee disputes in court, says Nick Morisani at Phelps Dunbar.

• Rebuilding The Construction Industry With AI

  

  Artificial intelligence in the construction industry will usher in a new era of innovation and efficiency, leading to cheaper, safer and more environmentally conscious building practices, but it will also bring concerns related to data security, workforce training and job displacement, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.

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  Playing In A Rock Cover Band Makes Me A Better Lawyer

  

  Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

• FTC, DOL Collab Marks New Labor Market Enforcement Era

  

  The Federal Trade Commission and the U.S. Department of Labor’s recent agreement to share information and coordinate investigations, coupled with new premerger rules and merger guidelines, underscores the paradigm shift underway to use the full authority of administrative agencies for worker protection, say Jeetander Dulani and Bill Kearney at Stinson.

• AI At Work: Safety And NLRA Best Practices For Employers

  Excerpt from Practical Guidance

  

  There are many possible legal ramifications associated with integrating artificial intelligence tools and solutions into workplaces, including unionized workplaces' employer obligations under the National Labor Relations Act, and health and safety issues concerning robots and AI, say attorneys at Proskauer.

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  The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

  

  The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.