The DOJ’s Title VII Disparate Impact Reinterpretation: Rethinking Employer Screening Tools

The U.S. Department of Justice (“DOJ”) issued an opinion in June 2026 regarding employer liability for Title VII disparate-impact claims, signaling a significant change in the federal government’s approach to employment discrimination. The Department’s Office of Legal Counsel (“OLC”) concluded that Equal Employment Opportunity Commission (“EEOC”) guidance concerning disparate-impact liability is inconsistent with Title VII […]

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Third Circuit Says Underperformance is Not a Material Fact in Employer Retirement Plan Case

In June 2026, the Third Circuit issued a noteworthy opinion – Johnson v. Quest Diagnostics Inc., 179 F.4th 217 (3d Cir. 2026). Quest Diagnostics Inc. (“Quest”) allows its employees to participate in their 401(k)-retirement plan (“Plan”). Two Quest employees who opted to participate in the Plan, but who were dissatisfied with the performance of their

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Are attorneys breaking confidentiality when utilizing AI?

We already know that attorneys in multiple jurisdictions have been sanctioned for misusing AI in the legal industry. For example, disciplinary measures were imposed against a California attorney for submitting a brief containing nonexistent citations. There have been other similar cases, as well. We are seeing increased use of AI across all fields, including law.

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Widespread Impact of Trump v. Casa on Federal Injunctions

Among the numerous Executive Orders issued from the current Administration in January of this year, President Trump signed the “Protecting the Meaning and Value of American Citizenship” Executive Order (“EO 14160”) on his first day in office. This executive order sets forth a new policy that prohibits the U.S. government, or any department of the

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Use of Artificial Intelligence in the Hiring Process – A Limitation?

The use of artificial intelligence in the hiring process is well-established. Estimates on the number of companies currently using AI at some point in hiring range from 57% to nearly 90%. AI is most commonly used for screening candidates and rejecting out-of-hand those whose credentials show them to be unqualified. This shortens the screening of

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Are AI-Generated Materials Legally Privileged?

As AI advances and its applications become more mainstream, understanding the evolving law governing its use becomes increasingly important. This importance is exemplified bya a recent opinion of the U.S. District Court for the Southern District of New York regarding whether privilege may attach to an AI user’s chat history. United States v. Heppner initially

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Beyond the Algorithm: Protecting Your Company from AI Hiring Bias

Although a relatively recent development, Artificial intelligence has proven to be a powerful – if sometimes intimidating – tool for business. For many companies, the appeal is clear: AI offers a powerful way to automate routine functions, saving significant time and capital. However, as this technology becomes more deeply embedded in corporate infrastructure, it has

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Presidential Executive Actions & Litigation Reporter

With the change of presidential regime comes a flurry of new Executive Orders (“EO”), Executive Memorandum (“Memos”) and Proclamations. Since taking office, President Trump has signed over 140 EO’s, Memos, and Proclamations, covering topics from immigration to artificial intelligence to gender identity, which Legal Research Center is tracking in a Presidential Executive Actions & Litigation Reporter.

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Can Damage Caps on Medical Malpractice Claims Reduce Healthcare Costs After ObamaCare?

Since the Affordable Care Act was enacted in 2010, millions of Americans have access to medical care that had previously been unavailable. With that many more patients entering the nation’s clinics, hospitals, and emergency rooms, it stands to reason that the opportunity for medical errors has increased dramatically. But are more statutory restrictions on the

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