HB Artificial Intelligence Update Monday, Dec. 15, 2025 | Wrongful Death, Discrimination, Intellectual Property
The rapid advancement of AI technology continues to challenge courts, companies, and consumers. Read about recent developments that in-house counsel and litigators should be watching.
Unraveling “Reverse Discrimination” with Employment Attorney Leah Stiegler on the Emerging Litigation Podcast
What happens when workplace discrimination claims come from members of majority groups? In this episode of the Emerging Litigation Podcast, attorney Leah Stiegler of Woods Rogers unpacks the Supreme Court’s unanimous decision in Ames v. Ohio Department of Youth Services. The Court’s ruling—eliminating the “background circumstances rule”—marks a major shift in how discrimination cases are evaluated, reinforcing that Title VII protects everyone equally. Leah shares insights from mock jury trials, explores how geography and community values affect verdicts, and breaks down what employers should know about evolving discrimination standards.
Injunction against Trump’s DEI executive orders unlikely to stem massive wave of ‘reverse discrimination’ lawsuits
Justin Ward examines the recent federal court injunction against President Trump’s executive orders targeting Diversity, Equity, and Inclusion (DEI) programs. While the ruling temporarily halts enforcement of these orders, legal experts suggest it’s unlikely to slow the growing wave of “reverse discrimination” lawsuits. Since the Supreme Court’s 2023 decision in Students for Fair Admission v. Harvard, more than 100 claims alleging discrimination against majority groups have been filed. Additionally, state legislation and an upcoming Supreme Court case, Ames v. Ohio Department of Youth Services, could further lower the bar for such claims, potentially fueling even more litigation.
AI Nuts & Bolts Survival Guide: Artificial Intelligence – Discrimination in Employment Context
On this CLE webinar, Duane Morris LLP Attorneys Alex W. Karasik, Gerald L. Maatman, Jr., and George J. Schaller discuss two novel artificial intelligence lawsuits, recent governmental guidance related to AI use, the business risks associated with AI, and mitigation strategies.
AI and the Law: A Year-End Retrospective 2025 and Beyond | Webinar for CLE Credit
Artificial intelligence continues to reshape the legal landscape, bringing new litigation risks, evolving regulatory obligations, and complex governance challenges. In this CLE webinar, Abigail Damsky, Jamie O'Neill, and Seán McCabe of Anderson Kill examine the legal developments that continue to influence AI-related litigation and compliance, including privacy and biometric claims, copyright disputes, AI washing, algorithmic discrimination, product liability, antitrust concerns, and the expanding global regulatory framework. Gain practical insights into the cases, trends, and governance considerations that remain highly relevant for legal professionals advising clients on AI risk.
Summary Judgment and Sham Affidavits: Protecting Your Motion from Contradictory Testimony
In this article, Cat Gavrilidis of Swift Currie examines how inconsistent testimony can undermine summary judgment and how courts apply the sham affidavit rule when affidavits contradict prior deposition statements. She explores jurisdictional differences and outlines practical steps attorneys can take to prevent contradictions, correct the record, and protect a well-founded motion before trial.
FTC Warns Law Firms About Diversity Certifications – This Time Alluding to Antitrust
The FTC has warned major U.S. law firms that participation in diversity certification programs could raise antitrust concerns, framing coordinated diversity efforts as a potential labor-market competition issue. This article examines the Commission’s cautionary letters regarding the Mansfield Certification program, the broader pattern of executive branch pressure on law firms and media organizations, and recent court decisions addressing discrimination claims and government retaliation. It also explores how antitrust enforcement, free speech concerns, and regulatory scrutiny are converging to reshape the legal and media landscapes. As political pressure and enforcement intensify, firms must reassess collaborative initiatives while preserving independence and competitive integrity.
FTC Warns Law Firms: Rethink Your Diversity Collaborations — Listen Now!
The FTC has warned dozens of major U.S. law firms that participation in diversity certification programs could raise antitrust concerns. This episode examines the agency’s cautionary letters regarding the Mansfield Certification program, the potential for coordinated diversity efforts to be viewed as labor-market collusion, and the broader regulatory pressure facing law firms and media organizations. It also explores recent court decisions, executive branch enforcement trends, and the growing intersection of antitrust law, free speech, and diversity initiatives. As scrutiny intensifies, firms must navigate evolving legal risks while maintaining independence and competitive integrity.
Cannabis Laws & Workplace Drug Testing: What Employers & Employees MUST Know in 2026
As cannabis laws continue to evolve nationwide, employers and employees are facing new questions about drug testing, workplace safety, and legal compliance. In this episode, labor and employment attorney Keya Denner of Constangy, Brooks, Smith & Prophete explains how changing cannabis policies intersect with the ADA, privacy rights, and fitness-for-duty requirements. The discussion covers documentation best practices, reasonable accommodation, and how legal drug use affects workplace policies. Essential listening for HR professionals, business leaders, and anyone navigating substance use, safety obligations, and employment law in a rapidly shifting legal landscape.
Ninth Circuit Rejects Religious Accommodation Claim in COVID Testing Case
The Ninth Circuit has rejected a religious accommodation claim from a healthcare worker who objected to weekly COVID-19 testing, holding that the employee failed to show a bona fide religious conflict and that the employer’s masking-and-testing accommodation was reasonable. The ruling offers valuable guidance for employers navigating post-pandemic accommodation requests. Read the full analysis for key takeaways.
California AI Hiring Law Takes Effect, Mandating Bias Audits
California’s new AI hiring regulations take effect on October 1, 2025, requiring employers to conduct bias audits and increase transparency when using automated decision systems. With broad definitions of ADS and new FEHA liabilities, employers must prepare now to stay compliant. Read the full analysis to understand what steps your organization should take next.
DEI Programs as a Source of Liability for Law Firms and Other Businesses
Two recent cases against international law firms point to an emerging trend in litigation that could have wide-spread implications for diversity, equity, and inclusion (DEI) programs. The author, William "Billy" Jones examines these recent cases filed against the law firms for their DEI fellowships and the potential impacts for law firms and other private businesses.
What DEI Changes Mean for Employers Featuring Patice Holland
As political and public scrutiny of Diversity, Equity, and Inclusion (DEI) programs grows, employment attorney Patice Holland of WoodsRogers joins the Emerging Litigation Podcast to explain how employers—especially federal contractors—can reassess DEI initiatives while staying compliant with discrimination laws, navigating shifting enforcement priorities, and managing legal, operational, and reputational risk. Tune in now!
Class Action Defense: Key Developments on the Arbitration Front
Gain a better understanding of the key developments on the arbitration front related to class action defense, including the key U.S. Supreme Court rulings shaping the litigation landscape and the main arbitration trends to remain vigilant for on a CLE webinar featuring experienced class action defense attorneys Gerald L. Maatman, Jr. and Eden E. Anderson. Register today!
Trends and Strategies in Wage & Hour Class and Collective Actions
Gain a better understanding of the Fair Labor Standards Act (FLSA) and wage and hour collective actions, get up to date on significant trends and recent key settlements in this area of law, and grasp the main considerations for conditional class certification and decertification and the key collective action rulings handed down in 2023 on a CLE webinar featuring experienced class action defense litigators Gerald L. Maatman, Jr., Jennifer A. Riley, and Greg Tsonis. Sign up today!
AI Litigation Risks in Employment by Gerald L. Maatman Jr., Alex W. Karasik, and George J. Schaller
The authors, Gerald L. Maatman Jr., Alex W. Karasik, and George J. Schaller analyze two novel AI lawsuits and highlight recent governmental guidance related to AI use in the employment context and the implications of possible discriminatory conduct stemming from the use of AI tools. "AI is here to stay," they write. "Whether companies choose AI technology for any 'employment decision,' companies must keep themselves up to date on any issued guidance and must actively monitor AI tools to prevent any possible discriminatory outputs."
Does the European Union Commission’s Proposal on AI Liability Act as a Game Changer for Fault-Based Liability Regimes in the EU?
Guest Writer Does the European Union Commission’s Proposal on AI Liability Act as a Game Changer for Fault-Based Liability Regimes in the EU? By Nils Lölfing Abstract: In this article, the author discusses increasing risks that artificial intelligence system providers, developers, and users will face from a liability directive proposed by the European Union Commission. The AI Liability Directive proposed by the European Union Commission puts additional liability risks on providers, developers and users of specifically high-risk artificial intelligence (AI) systems. If enacted, it could become a game changer for [...]
The Blueprint for an “AI Bill of Rights”
Authors Peter Schildkraut is a co-leader of the firm's Technology, Media & Telecommunications industry team and provides strategic counsel on artificial intelligence, spectrum use, broadband, and other TMT regulatory matters. Mr. Schildkraut helps clients navigate the ever-changing opportunities and challenges of technology, policy, and law to achieve their business objectives at the US Federal Communications Commission (FCC) and elsewhere. He is the author of "AI Regulation: What You Need To Know To Stay Ahead of the Curve. James W. Kim is a nationally recognized expert in procurement law that regularly advises companies that do business with the US [...]
Big Tech’s Race to Develop Superior Artificial Intelligence Technology
Big Tech’s Race to Develop Superior Artificial Intelligence Technology Will A.I. Compromise Free Enterprise, Disclosure and Security? America’s Big Five tech companies – Amazon, Apple, Facebook, Google and Microsoft – are racing to develop technology they claim will change the world -- again. The tech Goliaths have more than 33,000 researchers at their disposal to create artificial intelligence (A.I.) technology with an obvious and perpetual prize: revenue. It's the talk of the world. NBC Nightly News recently predicted the impacts that A.I. will have on society in the coming years. A.I. tech was also the [...]
The Cannabis Employment Law Patchwork with Keya Denner
The Cannabis Employment Law Patchwork with Keya Denner Maryland and Missouri are the latest states to legalize recreational cannabis for people 21 and older. Voters came out in favor of legalization in the November 2022 midterms, bringing the total recreational jurisdictions to 22 states and the District of Columbia. Voters in North Dakota, South Dakota, and Arkansas, however, decided against recreational marijuana. It remains legal for medical reasons in all five states. In the employment context, both recreational and medicinal uses raise questions about protections for employees who use the drug legally. Which states are enacting [...]
Potential Pitfalls with Adult-Use Cannabis: What Both Employers and Employees Should Know
The Authors Adam R. Dolan (adolan@gllawgroup.com) is a partner with Gfeller Laurie LLP, a tested litigator with a multifaceted practice, he has extensive experience handling catastrophic transportation, general liability, and products liability matters. He is a frequent writer and speaker on topics related to the cannabis industry. Kaylee E. Navarra (knavarra@gllawgroup.com) is an associate with Gfeller Laurie LLP where she works on matters involving commercial disputes, bad faith/ extracontractual liability, and insurance coverage. Interviews with leading attorneys and other subject matter experts on new twists in the law and how the law is responding to new [...]
Labor Organizing in Retail: Conditions Remain for Continued Momentum
The Authors Amber is Board Certified in Labor & Employment Law by the Texas Board of Legal Specialization, and is a trial lawyer who has extensive experience representing and advising clients in traditional labor relations, such as collective bargaining, representation elections, decertification elections, unfair labor practice charges, arbitrating grievances, contract administration and interpretation, and union avoidance strategies. Amber’s litigation experience includes regularly representing clients in wage and hour collective and class actions, trade secrets and post-employment restrictive covenant disputes, and complex employment discrimination. As a part of Amber’s partnership with clients to avoid litigation, she frequently conducts and [...]
Discovery Strategies in Wage and Hour Class and Collective Actions Before and After Certification of Putative Class
Discovery Strategies in Wage and Hour Class and Collective Actions Before and After Certification of Putative Class Strategically Limiting Discovery, Resolving Discovery Disputes Wage and hour class and collective actions are complex and discovery intensive. Discovery requests are often burdensome, seeking information concerning a broad swath of workers. This causes the discovery process to sometimes linger for years and creates a significant expense for employers.In recent years, courts have emphasized that parties must rein in extensive and expensive discovery requests. Employment litigators are increasingly raising proportionality arguments as a basis for objecting to opposing counsel's discovery requests. Drafters are [...]
Rule 23(c)(4) Issue Certification: Reconciling the Conflict With the Predominance Requirement
Rule 23(c)(4) Issue Certification: Reconciling the Conflict with the 23(b)(3) Predominance Requirement Proposed class actions seeking monetary damages are often difficult to certify because common issues do not predominate over individualized issues as required by Rule 23(b)(3). Rule 23(c)(4) provides that "[w]hen appropriate, an action may be brought or maintained as a class action with respect to particular issues."Although Rule 23(c)(4) has been part of the rule since the landmark 1966 amendments, it was often overlooked until the Supreme Court's decision in Wal-Mart v. Dukes. Plaintiffs now routinely seek limited issue certification for purported common issues, such as liability, arguing [...]
Antiracism and Antitrust with Eric Cramer
Our Guest Eric Cramer is Chairman of the Firm and Co-Chair of the Firm’s antitrust department. He has a national practice in the field of complex litigation, primarily in the area of antitrust class actions. He is currently co-lead counsel in multiple significant antitrust class actions across the country in a variety of industries and is responsible for winning numerous significant settlements for his clients totaling well over $3 billion. Mr. Cramer is also a frequent speaker at antitrust and litigation related conferences and a leader of multiple non-profit advocacy groups. He was the only Plaintiffs’ lawyer selected to [...]
Workplace Investigations: Proactive Assessments Mitigate the Risk of Costly Litigation in a Newly Remote Environment
The Author Stefani C Schwartz is Senior Managing Partner at the Hatfield Schwartz Law Group LLC. She has devoted her career to representing and advising employers in the complete spectrum of employment law, including discrimination, harassment, retaliation, and wrongful termination. Stefani is a member of the Editorial Advisory Board of the Journal of Emerging Issues in Litigation. Interviews with leading attorneys and other subject matter experts on new twists in the law and how the law is responding to new twists in the world. Workplace Investigations: Proactive Assessments Mitigate the Risk of [...]
Can we rely on shareholders to compel corporations to meaningfully act on ESG issues? | By Rebecca Boon and John Rizio-Hamilton | Bernstein Litowitz Berger & Grossmann
The Authors Rebecca Boon has been litigating securities fraud and shareholder rights actions for over a decade, recovering more than $1.5 billion for the firm’s institutional investor clients. Her work at the firm expands beyond litigation. Rebecca has advanced equality in the workplace by co-founding the Beyond #MeToo working group and leading landmark recoveries that have resulted in hundreds of millions of dollars back to investors and important social change among industries. Contact: rebecca.Boon@blbglaw.com John Rizio-Hamilton is one of America’s top shareholder litigators. He works on the most complex and high-stakes securities class action cases, and has recovered billions [...]
Labor Law in 2021 with Kathryn Hatfield
Labor Law in 2021 with Kathryn Hatfield Participation in labor unions is less than half of what it was 40 years ago. It has seen an uptick in the service sector, but a sharp decline in manufacturing. According to economist Heidi Shierholz decline in union rolls is partly responsible for today's yawning income inequality gap. Recently we've seen the formation of a modest union at Google and a movement among Amazon workers. We've also seen how the pandemic has shone a bright light on the fragility of our nation's workforce struggling to survive at the bottom [...]
Kathryn Hatfield on Labor Law in 2021
Kathryn Hatfield on Labor Law in 2021 Participation in labor unions is less than half of what it was 40 years ago. It has seen an uptick in the service sector, but a sharp decline in manufacturing. According to Heidi Shierholz -- former chief economist at the Department of Labor, now senior economist and policy director at the Economic Policy Institute -- decline in union rolls is partly responsible for today's yawning income inequality gap. Recently we've seen the formation of a modest union at Google and a movement among Amazon workers. We've also seen how the [...]
Employment Law in the COVID-19 Era with Stefani Schwartz
Employment Law in the COVID-19 Era with Stefani Schwartz Joining me to discuss this important subject is Stefani Schwartz, co-founder of the woman-owned employment-and-labor boutique Hatfield Schwartz in New Jersey. Stefani has devoted her legal career to representing employers in all aspects of employment law, including discrimination, harassment, retaliation, and wrongful termination matters. Stefani will be featured in the next issue of the Journal on Emerging Issues in Litigation, a collaborative project between HB and the Fastcase legal research family, which includes Full Court Press, Law Street Media, Docket Alarm and, most recently, Judicata. If you have comments or wish to participate in one [...]
Organizational Values & Business Risks: Properly Balancing Stakeholder Concerns
Accommodations. Appropriate accommodation for high-risk employees or employees with family members who are at a heightened risk. Mitigation. Attention to means of mitigating transmission and infection. Tracing. Contact tracing and management of data collected, including health data, as well as responses to employees who refuse to report. Patient Sensitivity. Duty to avoid discrimination and stigmatization. Preparedness. Developing plans to address possibility of re-occurrence in the fall and managing possible outbreaks in company’s offices. On-demand on the Thomson Reuters West LegalEdcenter as part of the HB catalog. Organizational Values & Coronavirus Business [...]
Facial Recognition Update July 2020
Facial Recognition Technology -- Emerging After Decades of Development -- Draws Lawsuits and Proposed Bans We sometimes forget that not all of the technical wizards who transformed our world were young “geniuses” jacked up on Starbucks, their shirttails hanging out in the ping-pong section of their open concept offices. Woody Bledsoe was born 99 years ago. As a young son of a sharecropper he demonstrated exceptional mathematical capabilities. Early in his career he had a dream: A machine that could think like a human, converse like one, and even recognize faces. This was as far back as the 1950s. [...]
Organizational Values & Coronavirus Business Risks | Join Our Webinar June 18
Webinar: June 18, 2020 2:00 pm ET 60 mins. CLE: 1+ Complimentary with registration. Get: +CLE +Materials +Recording +Answers! Also available to subscribers of the West LegalEdcenter. Register there! Email us your: Speaker questions CLE questions Speaker: Professor Edward L. Queen Ph.D. , J.D. Director Ethics and Servant Leadership: Emory Center for Ethics Emory University Organizational Values & Coronavirus Business Risks Properly Balancing Stakeholder Concerns Thursday, June 18, 2020 | 2pm ET | 1pm CT | 12pm MT | 11am PT The pandemic brings with it complex liability concerns, stakeholder [...]