Expert Analysis

• Handling Section 301 Tariffs When CBP Detains Goods

  

  Importers subject to Section 301 tariffs on goods under a U.S. Customs and Border Protection forced labor hold should consider three approaches when deciding whether to pay tariffs on goods that may ultimately be excluded, or wait and watch port demurrage compound daily, says James Ferry at Ferry Trade.

• Data Center Risks Include Schedules, Supply Chain, Labor

  

  Managing the dynamic technical and legal risks related to data center development requires sophisticated strategies for dealing with compressed schedules and liquidated damages, supply chain and long-lead equipment challenges, and labor shortages and productivity issues, say Randa Adra and Lily Geyer at Crowell & Moring, and Natasha Dahl at Ankura.

• Limiting Employer Risk If Calif. Case Upends Time Rounding

  

  The California Supreme Court's holdings in recent years suggest that it may tighten the rules for — or even eliminate — time clock rounding when it decides Camp v. Home Depot, so employers should consider taking preemptive steps to guard against large potential liability, says Jacqueline Crispino at the Jhaveri-Weeks Firm.

• Justices' FTC Ruling Weakens Qui Tam's Constitutional Base

  

  The U.S. Supreme Court’s holding in Trump v. Slaughter, expanding presidential control over those exercising executive power, suggests that courts may be receptive to arguments challenging the constitutional foundations of the False Claims Act’s qui tam mechanism, says Daniel Passeser at Wiggin.

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  Being A Sommelier Makes Me A Better Lawyer

  

  Being a sommelier has quietly shaped how I practice law by changing the way I think, communicate and connect with people, and offers a constant reminder that expertise is about making your knowledge useful and accessible to others, says Kara Du at Sheppard.

• EEOC Bias Guidance Rollback Doesn't Negate Employer Risks

  

  Despite the U.S. Department of Justice recently challenging Title VII's disparate impact provisions and the U.S. Equal Employment Opportunity Commission rescinding affirmative action guidance, employers should resist the temptation to restructure employment practices, say attorneys at Husch Blackwell.

• Post-Ismael Bias Cases Reinforce Familiar Employer Lessons

  

  Despite the Eleventh Circuit's 2025 decision in Ismael v. Roundtree sparking concern that summary judgment could become more difficult for employers in discrimination and retaliation cases, courts continue to examine whether the employer's explanation, decision-making process and contemporaneous record tell a consistent story, say attorneys at Krevolin Horst.

• Workplace Menopause Laws Demand New HR Playbooks

  

  A recent wave of state and local legislation that makes menopause an expressly protected condition in the workplace creates new compliance obligations amid an already ambiguous federal framework, and demands a workplace culture where employees feel safe asking for support, says Elliot Griffin at Ballard Spahr.

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  Teaching SEC Investigations Makes Me A Better Lawyer

  

  Instructing a law school course on U.S. Securities and Exchange Commission investigations has made me a more thoughtful, deliberate practitioner because it requires me to continually reassess and challenge what I know about securities law enforcement, how I know it and how best to explain it, says David Chase at Miami Law.

• Employer Lessons From Apple Ruling Resolving OT Question

  

  In Costa v. Apple, a California federal court recently handed employers a win on a previously unresolved wage and hour question, offering a reminder that favorable outcomes on novel issues often hinge on the specific facts of a company's own program and compliance efforts, say attorneys at Foley & Lardner.

• 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.

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  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.