Figuring out that you hired the wrong person is always jarring. But what if the “wrong person” was never who they said they were at all? When an employer discovers that a current employee has misrepresented their identity—whether by applying using a stolen name and Social Security number, misrepresenting their identity using artificial intelligence (AI),
Federal court provides road map for lawful DEI programs
I keep getting asked how employers can legally maintain DEI programs in today’s political climate. A federal judge just answered that question in a lawsuit the Missouri Attorney General brought against Starbucks—and in dismissing it, handed corporate America a roadmap.
The AG argued Starbucks’ DEI policies were illegal because they “favored” BIPOC, women, and LGBTQ+
AI in the Workplace—Jobs, Regulation, and the Case for Federal Standards
Across the country, state legislatures are moving quickly to regulate artificial intelligence in the workplace. California’s proposed SB 947 – the Automated Decision Systems in the Workplace – introduced in the California Legislature on February 2, 2026, is one prominent example, but it is part of a broader trend: laws that seek to govern how
WIRTW #788: the ‘it’s a beautiful day’ edition
When I was a kid, Mr. Rogers’ Neighborhood wasn’t background noise. You sat on the floor. You watched. You waited for him to come through the door, change his shoes, and pull on that cardigan. Nothing flashy happened. No one was mocked. No one was humiliated. No one “won.”
And yet, by the end, you
Just Subpoena It.
This week, the EEOC sent a strong message to corporate America when it went to federal court to force Nike to turn over years of documents tied to allegations that its DEI programs discriminated against White employees.
The EEOC isn’t suing Nike for discrimination—at least not yet. Instead, it has filed a subpoena enforcement action
The lobster that breaks AI (no, not sci-fi)
Given that OpenClaw has already been around for roughly two weeks, this article might be a bit slow to market. It is nonetheless useful to reflect, I think, on what this lobster-themed, open-source personal assistant app is and what implications it might hold for law firm business models. To me, the OpenClaw saga (so far)
ChatGPT, Esquire: The Rise of the GPT Employee
Employers nationwide have a new kind of employee in the workplace: the GPT employee. These employees are empowered by the latest and greatest version of free and publicly available generative artificial intelligence (“AI”), which comes fully loaded with buzzwords but often little substance. GPT employees also like to fancy themselves as amateur lawyers lurking in
Blue Cross Advocates for Less Regulation of AI by States
The Big Data and Artificial Intelligence Working Group of the National Association of Insurance Commissioners (NAIC) is developing an artificial intelligence (AI) evaluation tool for use by state insurance regulators. The NAIC represents 33 independent U.S. insurance organizations. The purpose of the tool is to gauge the extent to which insurance companies rely on AI
Now available – Baker McKenzie’s 2026 Global Data & Cyber Handbook
We are pleased to announce that the 2026 Global Data & Cyber Handbook is now available. This essential resource for businesses navigating the complex landscape of data and cyber regulation covers key data and cyber laws in over 50 jurisdictions. The latest edition provides expanded overviews and comparative insights, offering a clear view of the increasingly intricate
Check on the Checking: FCRA Requirements on Employee Background Checks
The Fair Credit Reporting Act (FCRA) may not be the first employment law that comes to mind when an employer wants to reduce legal risks and avoid potential pitfalls. However, the FCRA has a number of requirements that employers must follow when obtaining background checks. As one recent case highlights, these requirements are important to