Litigation Blog
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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.…
