Expert Analysis

• Noncompete Laws Show States Focusing On Bans, Healthcare

  

  The first half of 2026 confirms that state legislatures are driving the most consequential changes in noncompete law, including a few state bans and several healthcare-specific laws, making a one-size-fits-all approach increasingly untenable for multistate employers, say attorneys at Faegre Drinker.

• When Leaked Settlement Talks Complicate High-Profile Cases

  

  A recent sexual harassment case involving JPMorgan Chase highlights how leaked settlement offers can affect public perception of litigation, reminding parties that a confidentiality label does not automatically create an enforceable obligation because evidentiary exclusion is limited and purpose-specific, say attorneys at Lowenstein Sandler.

• Rare DOJ Military Bias Suit Shows Peril Of Co. Admissions

  

  Although the government rarely litigates Uniformed Services Employment and Reemployment Rights Act claims against private employers, Opara v. UV Memory Care demonstrates that it will do so when an employer's own admissions build the case, potentially resulting in significant compliance obligations and long-term consequences, says Bradford Kelley at Littler.

• Discovery Ruling Shows How Extant Rules Mesh With AI Tools

  

  A California federal court’s recent ruling in Schulte v. LinkedIn reinforces that existing discovery rules can and should accommodate emerging artificial intelligence technologies, providing litigants with confidence that well-designed AI-enabled workflows can satisfy reasonableness and proportionality standards, say attorneys at WilmerHale.

• Series

  Judges On AI: Examining Administrative, Organizational Uses

  

  U.S. District Judge Alan Albright of the Western District of Texas examines how artificial intelligence could transform a court's ability to deal with administrative work and organize materials when preparing for hearings or drafting opinions, thereby affording judges more time to resolve contested issues.

• From Order To Regulation: How EOs Are Reshaping Banking

  

  The pattern of regulatory activity emerging in the wake of the Trump administration's first 18 months of executive orders makes clear that financial institutions should treat presidential directives as early warning signs and not wait for final rules to assess the accompanying compliance impact, says Jonathan Kolodziej at Bradley.

• Rhode Island Self-Checkout Law Signals National Trend

  

  Rhode Island's law limiting self-checkout in retail stores is the first of its kind, but state and local lawmakers across the country are considering similar bills — and if enacted, they could create a patchwork of compliance requirements around issues including staffing, signage and restricted merchandise, says Hannah Flint at Hunton.

• Opinion

  USCIS Delays Shouldn't Mean Detention For EB-5 Investors

  

  Some EB-5 investors with pending petitions were recently detained amid a surge in immigration arrests, but when only U.S. Citizenship and Immigration Services can resolve a respondent's status, immigration courts shouldn't retain cases they can't decide, and detention shouldn't replace adjudication, says Jun Li at Reid & Wise.

• 4 Cert. Denials Keep Personal Jurisdiction Issues Percolating

  

  After the U.S. Supreme Court's decisions in Ford Motor v. Montana and Mallory v. Norfolk Southern Railway expanded limits on personal jurisdiction, the justices' denials this term of four certiorari petitions suggest they are content to let jurisdiction questions brew in lower courts before weighing in, say attorneys at Hunton.

• Class Actions At The Circuit Courts: July Lessons

  

  In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings involving wage and hour allegations, medical care for incarcerated individuals, oil and gas royalty payments, and nuisance claims.

• Flashpoints In Focus: Employer Risk After Trans Sports Ruling

  

  Following the U.S. Supreme Court's recent decision in West Virginia v. B.P.J. that allowed states to limit trans women's participation in sports, schools must carefully navigate investigations and religious accommodations, as even lawful athletics policies can lead to employment claims, say attorneys at Seyfarth.

• Series

  Being A Singer Makes Me A Better Lawyer

  

  Before law school, I spent seven years trying to make it as a professional singer in Los Angeles, and nearly everything I learned about preparation, humility, confidence and more has followed me into my legal practice, says Jessica Caterina at Moses & Singer.

• EEOC Enforcement Plan Signals DEI, Religious Bias Scrutiny

  

  In light of the U.S. Equal Employment Opportunity Commission recently publishing its national enforcement plan covering through fiscal year 2029, employers should expect increased scrutiny of practices that conflict with the administration's positions on diversity, equity and inclusion, national origin discrimination, and religious accommodations, say attorneys at Morgan Lewis.

• Trade Secret Practice Tips From The 1st Half Of 2026

  

  Intellectual property attorneys should consider what several significant developments in 2026 thus far mean for how they protect, litigate and value trade secrets, focusing on new state noncompete bans, cases scrutinizing how plaintiffs identify trade secrets and federal rulings on damages doctrines, say attorneys at Faegre Drinker.

• Yellow Corp. WARN Act Appeal Refines Layoff Guidance

  

  A Delaware federal court's recent upholding of a bankruptcy court's disallowance of unions' federal Worker Adjustment and Retraining Notification Act claims against Yellow underscores that fact-specific notices and thoughtful timing are essential for distressed companies implementing layoffs, say attorneys at King & Spalding.