Expert Analysis

• What A Calif. Mileage Tax Would Mean For Employers

  

  California is considering implementing a mileage tax that would likely trigger existing state laws requiring employers to reimburse employees for work-related driving, creating a new mandatory business expense with significant bottom-line implications for employers, says Eric Fox at Ogletree.

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  Adapting To Private Practice: 5 Tips From Ex-SEC Unit Chief

  

  My move to private practice has reaffirmed my belief in the value of adaptability, collaboration and strategic thinking — qualities that are essential not only for successful client outcomes, but also for sustained professional satisfaction, says Dabney O’Riordan at Fried Frank.

• Navigating The New Wave Of Voluntary Benefit ERISA Suits

  

  Four recent complaints claiming that employees pay unreasonable premiums for voluntary benefit programs contribute to a trend in Employee Retirement Income Security Act class actions targeting employers and benefits consultants over such programs, increasing scrutiny of how the programs are selected, priced and administered, say attorneys at Holland & Knight.

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  Law School's Missed Lessons: How To Start A Law Firm

  

  Launching and sustaining a law firm requires skills most law schools don't teach, but every lawyer should understand a few core principles that can make the leap calculated rather than reckless, says Sam Katz at Athlaw.

• Key False Claims Act Trends From The Last Year

  

  The False Claims Act remains a powerful enforcement tool after some record verdicts and settlements in 2025, and while traditional fraud areas remain a priority, new initiatives are raising questions about its expanding application, says Veronica Nannis at Joseph Greenwald.

• Reel Justice: 'Die My Love' And The Power Of Visuals At Trial

  

  The powerful use of imagery to capture the protagonist’s experience of postpartum depression in “Die My Love” reminds attorneys that visuals at trial can persuade jurors more than words alone, so they should strategically wield a new federal evidence rule allowing for illustrative aids, says Veronica Finkelstein at Wilmington University.

• What To Know About DOL's New FLSA, FMLA Opinion Letters

  

  The U.S. Department of Labor kicked off 2026 by releasing several opinion letters addressing employee classification, incentive bonuses and intermittent leave, reminding employers that common practices can create significant risk if they are handled inconsistently or without careful documentation, say attorneys at Woods Rogers.

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  Hosting Exchange Students Makes Me A Better Lawyer

  

  Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.

• 5 Action Steps For Employers Facing 27 Pay Periods In 2026

  

  In 2026, some employers may have 27 pay periods, instead of the usual 26, which can cause budgeting and compliance headaches, particularly for salaried employees, but there is still time to develop a strategy to avoid payroll compliance problems, say attorneys at Fisher Phillips.

• How A 1947 Tugboat Ruling May Shape Work Product In AI Era

  

  Rapid advances in generative artificial intelligence test work-product principles first articulated in the U.S. Supreme Court’s nearly 80-year-old Hickman v. Taylor decision, as courts and ethics bodies confront whether disclosure of attorneys’ AI prompts and outputs would reveal their thought processes, say Larry Silver and Sasha Burton at Langsam Stevens.

• Navigating Privilege Law Patchwork In Dual-Purpose Comms

  

  Three years after the U.S. Supreme Court declined to resolve a circuit split in In re: Grand Jury, federal courts remain split as to when attorney-client privilege applies to dual-purpose legal and business communications, and understanding the fragmented landscape is essential for managing risks, say attorneys at Covington.

• AI-Driven Harassment Poses New Risks For Employers

  

  Two recent cases show that deepfakes and other artificial intelligence‑generated content are emerging as a powerful new mechanism for workplace harassment, and employers should take a proactive approach to reduce their liability as AI continues to reshape workplace dynamics, say attorneys at Littler.

• Expect State Noncompete Reforms, FTC Scrutiny In 2026

  

  Employer noncompete practices are facing intensified federal scrutiny and state reforms heading into 2026, with the Federal Trade Commission pivoting to case-by-case enforcement and states continuing to tighten the rules, especially in the healthcare sector, say attorneys at DLA Piper.

• Algorithmic Bias Risks Remain For Employers After AI Order

  

  A recent executive order articulates a federal preference for a minimally burdensome approach to artificial intelligence regulation, but it doesn't eliminate employers' central compliance challenge or exposure when using AI tools, say Marjorie Soto Garcia and Joseph Mulherin at McDermott, and Candice Rosevear at Peregrine Economics.

• Insights From 2025's Flood Of Data Breach Litigation

  

  Several coherent patterns emerged from 2025's data breach litigation activity, suggesting that judges have grown skilled at distinguishing between companies that were genuinely victimized by sophisticated criminal actors despite reasonable precautions, and those whose security practices invited exploitation, says Frederick Livingston at McDonald Baas.