News & Analysis as of August 3, 2025

Corporate Counsel

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

California to Regulate Use of AI in Employment Starting October 1, 2025

Fox Rothschild LLP on 7/1/2025

Employers are increasingly using Automated Decision Systems (“ADS”) – tools powered by Artificial Intelligence (“AI”) and algorithms – to streamline recruitment and manage the employee lifecycle. Uses so far include resume...more

AI, Deepfakes, and the Rise of the Fake Applicant – What Employers Need to Know

Bradley Arant Boult Cummings LLP on 6/26/2025

In an age of artificial intelligence and technological advances that improve the quality of deep fake programming, companies must remain vigilant to protect their brand and assets. They also have to be wary of who is applying...more

10th Circuit Decision Highlights Best Practices for Employers Planning Reductions in Force

Cooley LLP on 3/13/2025

In Raymond v. Spirit AeroSystems Holdings, the US Court of Appeals for the 10th Circuit considered and rejected a group of former employees’ allegations that they were selected for termination in a reduction in force (RIF)...more

Virginia Lawmakers Pass AI Discrimination Law, But Will the Governor Approve? What Employers Need to Know

Fisher Phillips on 2/25/2025

Virginia lawmakers just passed a groundbreaking AI anti-discrimination bill, setting the stage for new workplace compliance obligations – but that’s only if Gov. Glenn Youngkin signs it into law. Following the lead of...more

AI Regulation Continues to Grow as Illinois Amends its Human Rights Act

Jackson Lewis P.C. on 8/14/2024

Following laws enacted in jurisdictions such as Colorado, New York City, Tennessee, and the state’s own Artificial Intelligence Video Interview Act, on August 9, 2024, Illinois’ Governor signed House Bill (HB) 3773, also...more

[Virtual Event] 9th Annual European Compliance & Ethics Institute - March 15th - 17th, 9:55 am - 6:00 pm CET

Society of Corporate Compliance and Ethics... on 12/2/2020

Though we are disappointed we will not be together in-person, we remain dedicated to providing a first-class learning experience while keeping the health and well being of everyone a top priority.  The ECEI will have the...more

Keep Immigration Requirements in Mind When Preparing Coronavirus Response Plans

Morgan Lewis on 3/5/2020

As employers prepare plans to handle possible alternate employee work arrangements in light of the 2019 Novel Coronavirus outbreak, it is important to keep in mind how these plans and policies—including telework policies—may...more

Cardinal Health FCPA Enforcement Action: High Risk Business Relationships

Thomas Fox - Compliance Evangelist on 3/3/2020

Cardinal Health Inc. (Cardinal) settled its Foreign Corrupt Practices Act (FCPA) matter with the Securities and Exchange Commission (SEC) last week. According to the SEC Press Release, Anita B. Bandy, Associate Director in...more

[Webinar] The New Restrictive World of Business Immigration: Strategies to Hire and Maintain Foreign Talent - January 14th, 2:00...

UB Greensfelder LLP on 1/3/2020

Join Ulmer for a live webinar on January 14 at 2 p.m. (ET) as Partner David W. Leopold discusses what corporate counsel must know about navigating increasingly complicated policies aimed at business immigration....more

2019 Recap: New York Leads the Nation in Expanding Work Harassment Protections

FordHarrison on 12/18/2019

New York has become the most progressive State in the nation when it comes to protecting workers against harassment, discrimination and retaliation on the job. In the last two years, New York has made it much easier for any...more

[Event] Employment Practices Liability Insurance – Strategic Guidance For The Most Complex Epli Claim Coming Across Your Desk -...

American Conference Institute (ACI) on 10/30/2019

Back by popular demand, ACI’s EPLI conference returns to New York City. Whether you are a claims manager, underwriter, risk manager, in-house or outside counsel, this is your most worthwhile opportunity to network and...more

Has #MeToo Created a New Claim of Male-Bias Discrimination?

Littler on 10/22/2019

Often—and without much thinking—when an employer faces a claim of sexual harassment, the knee-jerk response is to discipline or terminate the man accused. It is the easiest way to go, especially if the alleged harasser is a...more

Failure to Immediately Address Employee Behavioral Issues Not Evidence of Pretext in Later Termination

Parker Poe Adams & Bernstein LLP on 8/2/2019

In employment discrimination cases, when the plaintiff makes out a prima facie claim of bias, the employer must articulate legitimate non-discriminatory reasons for the action. The plaintiff then has the ultimate burden of...more

Non-Compete News – Third Circuit Says Tortious Interference with a Non-Compete Requires Actual Knowledge of the Agreement at Issue

FordHarrison on 7/14/2017

An employer hiring an individual known to be subject to a non-compete contract can expect to be accused of tortiously interfering with that contract. On the other hand, the hiring employer should be innocent of wrongdoing if...more

Dollar General’s Firing of Employee on Leave Did Not Violate the ADA or FMLA

Bradley Arant Boult Cummings LLP on 3/25/2016

A recent Eleventh Circuit case under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) approved Dollar General’s termination of an employee on leave. The timing of Dollar General’s decision...more

At Will? What’s That?

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/2/2015

Did you know that employees in most countries outside the United States have a contractual right to continued employment, whether or not they have written contract? If an employer does not provide an employee with a written...more

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