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Litigation Insider
Featured Litigation Insight White Papers
Turning the Tables:
Effective Strategies for Shifting the Burden of Attorneys’ Fees
The must-know practical and legal considerations for effectively recovering attorneys’ fees from an opponent.
When Good People Meet Bad Medicine:
The definitive practical and legal considerations for preparing a successful medical malpractice claim.
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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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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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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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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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The 2025 Qualified Immunity Landscape
Currently, U.S. law allows for civil action against a law enforcement officer (LEO) who violates an individual’s constitutional rights in both statute and common law. The statutory actions are known as Section 1983 lawsuits, and the common law actions were implied in Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S.…
Compliance Insider
Featured Compliance Insight White Papers
Cybersecurity Primer:
Federal Statutes Compliance Requirements 2017
This Survey is divided into sectoral areas based on legislative targets, including Health, Education, Finance, Marketing, and Media.
Compliance Best Practices:
An inside look at best practices in legal and compliance outsourcing.
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U.S. Supreme Court Hears Florida and Texas Social Media Cases
On February 26, 2024, the Supreme Court heard oral arguments regarding the constitutionality of laws originating in Florida (Moody v. NetChoice, LLC, Docket No. 22-277) and Texas (NetChoice, LLC v. Paxton, Docket No. 22-555) that govern social media platforms. The Texas law (HB 20) prohibits social media companies from removing content based on its author’s…
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Navigating the AI-Driven Compliance Landscape
In today’s fast-evolving legislative & regulatory compliance landscape, companies of all sizes need to navigate the complexities of multi-jurisdictional compliance and risk management to their business advantage. Artificial Intelligence (AI) is reshaping the compliance landscape, offering both opportunities and challenges. In this blog, we’ll explore how AI impacts compliance, delve into relevant legislation and regulation,…
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Worker Status: Rule Changes for Contract Workers “Gig Workers”
The U.S. Department of Labor proposed its new rule that would increase the likelihood that contract workers, or “gig workers,” would be classified as employees. This regulatory shift could compel organizations to extend employee-level protections and benefits to contract workers, including minimum wage and overtime pay laws, and require unemployment insurance contributions. Employers who contract…
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Ensuring Compliance and Data Protection in the Age of Identity Verification
Biometrics, which may be defined as measurable physical characteristics or personal behavioral traits used to recognize or verify a person’s identity, are fast becoming an important tool for businesses. Some businesses employ the use of fingerprint access to safeguard private data, while others take photographs of their staff to display on their company I.D. Either…
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Speaking the Language: New Rules for the ACA
As you probably know, the Department of Health and Human Services has issued its final non-discrimination rule for the Affordable Care Act (see, 45 C.F.R. Part 92, effective June 18, 2016). The final rule has generated a lot of discussion, particularly regarding the non-discrimination provisions for transgender patients, there are other provisions of the rule…
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States Are Critical to Opioid Prescription Drug Abuse Crisis
In previous posts, we discussed recent federal-level action taken to address opioid drug use and abuse in this country. Commentators have criticized the federal government for being slow to act in this area because of its relationship with pharmaceutical companies, which left the states to fill the gap. Others note that, in any event, state-based…