Are AI Chats Privileged? Courts Split on Attorney-Client and Work-Product Protection
Articles Discussing Topics Regarding The Practice Of 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.
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.
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
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
‘Motive’ or ‘Animus’? Lessons From Appellate Practice
The term “animus” is often used interchangeably with “motive” by lawyers and courts, but the two words have different meanings and connotations, and confusion between them can become an unnecessary complication. None of us needs any extra complications. So, practitioners may want to choose their words carefully.
5 Issues for Every Trial Lawyer, From the Appellate Perspective
Trying to win cases is hard enough, but one thing to think about is that a case may not end at trial. There may be an appeal. And when there is an appeal, what happened at trial will be critical.
Three Key Considerations in Crafting Effective Multistate Separation Agreements
One of the main reasons for a separation agreement with an employee is to obtain an effective release of claims against the employer. However, ensuring release agreements are effective and enforceable is becoming increasingly challenging as more and more states have specific requirements and restrictions.
Supreme Court Finds SEC’s In-House Adjudicative Proceedings Violated Seventh Amendment Right to Jury Trial
On June 27, 2024, the Supreme Court of the United States held that defendants in securities fraud cases brought by the U.S. Securities and Exchange Commission (SEC) are entitled to a jury trial under the Seventh Amendment—a ruling that could call into question enforcement actions seeking civil penalties by the