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Supreme Court Lowers the Standard for Discrimination Claims Based on Job Transfers

On April 17, 2024, the United States Supreme Court handed down its decision in Muldrow v. City of St. Louis, Missouri, holding that while an employee challenging a job transfer under Title VII of the Civil Rights Act of 1964...more

FTC Issues Final Rule Banning Most Non-Compete Agreements

On April 23, 2024, the Federal Trade Commission (FTC) voted 3-to-2 to issue a final rule that will ban most employer-employee non-compete agreements if it survives legal challenges from the U.S. Chamber of Commerce and other...more

Sports and Trade Secrets: Are Analytics a Secret in the NBA?

As the NBA season heats up, so does some interesting trade secret litigation among NBA teams. On Aug. 21, 2023, New York Knicks LLC sued a former Knicks employee named Ikechukwu Azotam and Maple Leaf Sports & Entertainment...more

Employer Alert: Resolution of AI-Focused Writers’ Strike Sets Precedent in Hollywood and Beyond

After 148 days, the Writers Guild of America (WGA) resolved its strike against several major Hollywood studios. As writers leave the picket lines, a new labor agreement will seek to limit the use and training of generative...more

Fifth Circuit Expands Test for Adverse Employment Actions in Title VII Discrimination Claims

On Aug. 18, 2023, the U.S. Court of Appeals for the Fifth Circuit reversed its long-held test to determine what adverse actions can support an employee’s Title VII claim. Title VII requires an employee alleging a...more

Employers Beware: AI Tools May Lead to Labor Force Friction and Strikes

According to recent studies, 83% of large employers surveyed rely in some form on artificial intelligence (AI) in employment decision-making, and 86% of employers that use AI admit that it is becoming a mainstream technology...more

Texas Judge’s Mandate on Generative Artificial Intelligence Provides Lawyers Job Security ... For Now

A Texas federal judge affirmed the impending prevalence of artificial intelligence (AI) in the law, while emphasizing the enduring importance of human lawyers....more

Government Agencies Join Forces Against Bias and Discrimination in AI

On April 25, 2023, four federal government agencies released a joint statement announcing their resolve against bias and discrimination in automated systems and artificial intelligence (AI). Together, the Consumer Financial...more

Finding Irreparable Harm: 5th Circuit Vacates Refusal to Enter Preliminary Injunction

Injunctions are a powerful deterrent against those who seek to misappropriate valuable trade secrets. And without preliminary injunctions — which typically last until the conclusion of a trial — trade secret owners can face...more

Employers Beware: The Rise of AI (Regulation)

Artificial intelligence (AI) continues to transform the world and the workplace. From facial-analytic tools that assess interviewees to bots that screen applicants, AI technology is gaining traction in many human resources...more

It’s No Longer a Secret—Parties Should Identify Their Trade Secrets Early in Litigation

A common element in trade secret litigation is that plaintiffs must own and be able to reasonably identify their trade secrets. However, different courts require plaintiffs to define their trade secrets with different levels...more

Trade Secret Tidbits: February 2023

From the granting of temporary restraining orders to the adoption of pleading standards, February 2023 was a busy month for trade secret misappropriation claims. Although they came in the shortest month of the year, the...more

Texas Executive Order Substantially Limits Private Employers From Mandating COVID-19 Vaccinations

On Oct. 11, 2021, Texas Gov. Greg Abbott signed Executive Order No. GA-40 (EO), which prohibits any “entity in Texas” from compelling an employee or consumer to receive a COVID-19 vaccine if that person objects to the...more

Key Amendments to Texas Rules of Civil Procedure, Effective January 2021

Recent amendments to the Texas Rules of Civil Procedure (TRCP) will significantly impact Texas discovery, expert disclosures and litigation practice. Generally, the amendments further align the TRCP with the Federal Rules of...more

OSHA Issues Guidance for Prompt Reporting of COVID-19 Hospitalizations and Fatalities

On Sept. 30, 2020, the U.S. Occupational Safety and Health Administration (OSHA) issued guidance clarifying employers’ obligations to report COVID-19 cases resulting in hospitalization or death. Under the new guidance,...more

What Employers Need to Know About the Families First Coronavirus Response Act

On March 18, 2020, the U.S. House of Representatives and U.S. Senate passed a bill that, once signed into law, will impose significant changes upon employers’ sick leave and family and medical leave requirements. President...more

Restricting Third-Party Access to Premises Due to COVID-19

As the number of COVID-19 cases continues to grow in the United States, many businesses struggle to balance their obligations under the Americans with Disabilities Act (ADA) as places of public accommodation, with their...more

OSHA Issues New COVID-19 Preparedness Guidance for Employers

On March 11, 2020, the Occupational Health and Safety Administration (OSHA) issued new recommendations for employers preparing for COVID-19 in the workplace. After briefly summarizing the symptoms of COVID-19 (mild to severe...more

Considerations for Employers Addressing the COVID-19 Outbreak

Coronavirus Disease 2019 (COVID-19) has received heightened media attention in recent weeks as the number of confirmed cases around the world, and now in the United States, continues to rise. This focus is certainly warranted...more

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