Expert Analysis

• Heppner Ruling Left AI Privilege Risk For Lawyers Unresolved

  

  While a New York federal judge’s recent ruling in U.S. v. Heppner resolved a privilege question surrounding client-side artificial intelligence use, it did not address how to mitigate the risks that can arise when confidential information enters the operative context of an AI system used by an attorney, says Jianfei Chen at Quarles & Brady​​​​​​​.

• Employers Need To Mitigate Risk From ICE's Quiet I-9 Shift

  

  U.S. Immigration and Customs Enforcement’s quiet update to employment verification guidance effectively erased a long-standing good faith safe harbor, and should prompt employers to self-audit existing records, strengthen Form I-9 procedures and develop protocols for quickly responding to inspection notices, say attorneys at Klasko.

• How 10 Years Of Case Law Have Shaped The DTSA

  

  As the Defend Trade Secrets Act reaches its 10th anniversary, attorneys at Ropes & Gray examine recent DTSA case law and highlight key takeaways regarding pleading requirements, damages and risk factors.

• The Ethics And Practicalities Of Representing AI Agents

  

  With autonomous artificial intelligence agents now able to take action without explicit instructions from — or the awareness of — their human owners, the bar must confront whether existing frameworks like informed consent and client privilege will be sufficient on the day an AI agent calls seeking counsel, say attorneys at Morrison Cohen.

• 9th Circ.'s Silence Prolongs Uncertainty On Cemex Framework

  

  By affirming a bargaining order in Cemex Construction Materials v. National Labor Relations Board without opining on the NLRB’s 2023 expansion of its authority to issue such orders, the Ninth Circuit avoided direct conflict with the Sixth Circuit’s rejection of the same framework, prolonging uncertainty for employers facing union elections, say attorneys at Dinsmore & Shohl.

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  Speed Jigsaw Puzzling Makes Me A Better Lawyer

  

  My passion for speed puzzling — I can complete a 500-piece jigsaw puzzle in under 50 minutes — has sharpened my legal skills in more ways than one, with both disciplines requiring patience, precision and the ability to keep the bigger picture in mind while working through the details, says Tazia Statucki at Proskauer.

• Tips For Handling DEI Clampdown In Gov't Contracts

  

  A recent executive order and subsequent guidance from the Federal Acquisition Regulatory Council reflect unified opposition to diversity, equity and inclusion in federal contracts, requiring contractors to, among other things, identify which entities are subject to flow-down obligations and prepare for near-term contract action and negotiations, say attorneys at Morgan Lewis.

• 1st Circ. Ruling Offers Post-Muldrow Tips For Handling PIPs

  

  The First Circuit's recent ruling in Walsh v. HNTB, one of the first circuit-level applications of Muldrow's lowered adverse employment action threshold, indicates that performance improvement plans can remain on solid footing if they don't affect the terms of employment, says Sasha Thaler at Constangy.

• 2 AI Snafus Show Why Attys Can't Outsource Judgment

  

  The recent incident involving Sullivan & Cromwell where citations in a filed motion were fabricated by artificial intelligence, as well as a punitive ruling from the Sixth Circuit in U.S. v. Farris, demonstrate that the obligation to supervise AI has belonged and always will belong to lawyers, says John Powell at the Kentucky School Boards Association.

• NY Opioid Antagonist Mandate Leaves Employers Guessing

  

  A recently enacted New York law will require employers that are federally mandated to maintain first-aid supplies to now include an opioid antagonist, but being that it is subject to a complicated Occupational Safety and Health Administration analysis, employers face several unanswered compliance questions, say attorneys at Conn Maciel.

• Rulings Offer Lessons On Credible Workplace Investigations

  

  Three recent rulings illustrate that while internal investigations are a critical tool for managing workplace risk, the process itself must be able to withstand scrutiny, so employers should take steps to ensure that they're conducted with independence, credibility and trust to better defend their case, say attorneys at Krevolin Horst.

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  Playing Magic: The Gathering Makes Me A Better Lawyer

  

  The competitive card game Magic: The Gathering offers me a training ground for the strategic thinking skills crucial to litigation, challenging me to adapt to oft-updated rules, analyze text as complicated as any statute and anticipate my opponent’s next moves, says Christopher Smith at Lash Goldberg.

• What's At Stake For Employers In Fight Over Visa Pause

  

  For employers that rely on foreign talent, the Trump administration’s suspension of immigrant visa issuance for the nationals of 75 countries is creating practical problems, and a recently filed lawsuit challenging the pause could determine whether consular processing, for some, ceases to be an individualized process, says attorney Lisa Eisenberg.

• Improving Well-Being In Law, 10 Years After Landmark Study

  

  An important 2016 study revealed significant substance abuse and mental health issues among lawyers, and while the findings helped normalize the conversation around these topics, a decade later, structural change is still needed, says Denise Robinson at PLI.

• Managing Tort Risk After Justices' War Zone Immunity Ruling

  

  The U.S. Supreme Court’s recent decision in Hencely v. Fluor changes the tort landscape for battlefield contractors, whose liability for employee injury will now turn on compliance with battlefield directives — a question that will require discovery into highly sensitive details of combat operations and military decision-making, says Warren Bianchi at Fluet.