AI isn’t just on the horizon—it’s already screening millions of resumes, scoring video interviews, and ranking candidates in HR systems across America. In 2024 alone, AI-powered hiring tools processed over 30 million applications while triggering hundreds of discrimination complaints. As these tools become more prevalent, lawmakers, regulators, and attorneys are responding rapidly. The result is
Employment & Labor
AI-Related Job Impacts Clarity Act
A new Senate bill, the AI-Related Job Impacts Clarity Act (S. 3108), would create a federal reporting framework for how artificial intelligence (AI) is affecting employment in the United States.
The aim is to produce timely, public data on AI-driven layoffs, hiring, unfilled roles, and retraining, with the Department of Labor (through the Bureau of…
What are you doing to protect your company’s trade secrets and keep them secret?
Sherbrooke, a captive insurer for nursing homes, built proprietary software to price risk and underwrite policies. Three insiders—including the CTO who created the software—allegedly decided to spin up a competing insurer and started using that same software to run it.
Sherbrooke sued, claiming trade secret misappropriation.
The district court dismissed the claim, saying Sherbrooke hadn’t…
Ontario’s New AI Rules for Job Postings in 2026: What HR Needs To Do Now
Ontario’s Working for Workers Four Act, 2024 changes the Employment Standards Act.
From January 1, 2026, employers with 25 or more employees must say in any publicly advertised job posting if AI is used to screen, assess, or select applicants. You must also include the same note in any associated application form.
This sits beside other new posting rules, such as pay…
Discovery’s New Frontier: Requesting the Plaintiff’s GenAI Data
Yesterday, I talked about the obligations that employers have to preserve data. But let’s switch gears; in an employment discrimination claim brought against a company, an employee’s AI usage is fair game for discovery.
And by not asking for it in litigation, you just might be missing out.
ChatGPT alone has over 700 million weekly…
Updating Litigation Hold Policies for the Age of Generative AI
I recently got back from the American Bar Association Annual Labor & Employment Law Conference — an event I’ve talked about before on this blog.
There were a number of great CLE programs — far too many to list. Not surprisingly, Generative AI remained a hot topic and the sessions caused me to continue to…
Five 2025 Employment Law Cases California Employers Need to Understand
2025 has delivered a series of powerful—and practical—employment law decisions. These five cases carry direct lessons for every California employer, especially in areas where minor missteps can lead to major liability.
1. Iloff v. Bridgeville Properties, Inc. – California Supreme Court (2025) – “Good Faith” Requires Real Effort
This case involved a handyman who performed…
FDA Seeks Guidance from the Digital Health Advisory Committee on AI: Considerations for Innovators of Digital Mental Health Medical Devices and Wellness Products
Key Takeaways:
- On Nov. 6, the Food and Drug Administration’s (FDA) Digital Health Advisory Committee (DHAC) convened to discuss the promise and evolving challenges of Generative Artificial Intelligence (GenAI)-Enabled Digital Mental Health Medical Devices.
- The FDA acknowledged the challenges of applying traditional premarket and postmarket processes for static medical devices to rapidly evolving AI-enabled medical
…
WIRTW #780: the ‘breakup’ edition
“You deserve someone who loves you for who you are, not who they want you to be.”
- “Fake boundaries” (like rules about what she can wear, who she can hang out with,
…
Katherine Lowry, Susan Kayser Join Panel at Luxury Law Summit New York 2025
Chief Information Officer Katherine Lowry and Partner Susan Kayser took part in a panel titled “AI Solutions and Tools: Tech and Fashion as Natural Partners” at the Luxury Law Summit New York, Nov. 12, 2025. The session examines all the ways that AI is used in the fashion industry, including in the areas of customer…
