Are AI Chats Privileged? Courts Split on Attorney-Client and Work-Product Protection
Articles Discussing The Work Of Practicing Labor And Employment Law.
AI and the Work-Product Doctrine: A New Frontier | CDF Labor Law LLP
AI and the Work-Product Doctrine: A New Frontier
The Intersection of AI and Attorney-Client Privilege—A Cautionary Tale
A federal judge in the U.S. Southern District of New York has issued a significant decision at the intersection of artificial intelligence (AI) and legal privilege, ruling that documents generated using a publicly available AI tool are not shielded by attorney-client privilege or the work product doctrine. The case, United
A Wider Lens on Summary Judgment: What the Eleventh Circuit’s Decision in Ismael v. Roundtree Means for Employers
A recent decision from the U.S. Court of Appeals for the Eleventh Circuit (which covers Florida, Georgia, and Alabama) provides an important reminder for employers: courts must look at the “entire picture” when deciding whether a discrimination or retaliation case should go to a jury.
United States v. Heppner and AI Discovery: Confidentiality and Privilege Concerns
Lessons From Appellate Practice: The Mixed Blessings of Supplemental Jurisdiction
For plaintiffs and defendants alike, there is a strong temptation to include and keep all claims in one lawsuit. After all, the likely alternative is litigating multiple lawsuits, either at once or serially. Practitioners, however, should remember that federal courts require federal subject matter jurisdiction over all claims before them.
They Said What?!: Protect Your Internal Discussions from Disclosure in Litigation
Lessons From Appellate Practice: Inclusive Decision-making May Increase Litigation Risks
Discrimination claims turn on the motive for the employment decision at issue. Accordingly, cases often focus on the decision-maker. What comments has he made that might suggest prohibited bias? Whom else has she made decisions about under similar circumstances? What did she know and when did she know it? When
Third Circuit Greenlights FLSA Releases in Rule 23 Opt-Out Settlements
Third Circuit Greenlights FLSA Releases in Rule 23 Opt-Out Settlements
On October 16, 2025, in a matter of first impression, the U.S. Court of Appeals for the Third Circuit held in Lundeen v. 10 West Ferry Street Operations LLC d/b/a Logan Inn,1 that the Fair Labor Standards Act’s (FLSA) opt-in
Littler Lounge: Data Doesn’t Lie – Following the Digital Footprints in Workplace Lawsuits
Littler Lounge: Data Doesn’t Lie – Following the Digital Footprints in Workplace Lawsuits
Think your digital trail is just background noise? Think again. In this episode, discover how data – from social media to id badge swipes – can alter the trajectory of a workplace lawsuit. Hosts Claire Deason and
What Employers Need to Know About the Fate of Wider Relief After Trump v. CASA, Inc.
What Employers Need to Know About the Fate of Wider Relief After Trump v. CASA, Inc.
On June 27, 2025, in Trump v. CASA, Inc., the U.S. Supreme Court held that universal injunctions—injunctions that prohibit the federal government from enforcing a law, regulation, order, or policy to any person, not
Supreme Court Limits Nationwide Injunctions, but Does Not Decide on Birthright Citizenship Challenge
In a closely watched decision issued on June 27, 2025, the Supreme Court of the United States ruled in Trump v. CASA, Inc., No. 24A884, that federal district courts lacked authority to issue universal (nationwide) injunctions blocking enforcement of federal policies. While the decision did not resolve the underlying constitutional
Supreme Court Ruling Eliminates Some Nationwide Injunctions, Opening the Door for Legal and Operational Uncertainty for Employers
In a consequential decision issued on June 27, 2025, the U.S. Supreme Court ruled that federal courts may not issue nationwide injunctions unless the relief is necessary to address the specific injuries of the named plaintiffs.
Supreme Court Rules Federal District Courts Likely Lack Authority for Universal Injunctions
On June 27, 2025, the Supreme Court of the United States held that federal district courts likely lack the authority to issue universal injunctions blocking presidential actions nationwide, a ruling that is likely to allow the Trump administration to continue enforcing executive orders (EO) or other policies despite legal challenges
Responding to a Subpoena for Employment Records
Employers often receive subpoenas demanding the records of a current or former employee, even if there is no pending litigation. The current or former employee may be involved in litigation, and one of the parties needs