Lawyering - General

Routine practices may lead to the mistaken impression that filings in court are exempt from copyright infringement, they are not. Read more.

Corporations and other organizations can be deposed under Federal Rule of Civil Procedure 30(b)(6) and state law counterparts. These depositions are unique because the deponent speaks for the corporation, and the testimony binds the entity – not the individual – often with consequences that are diff

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 do

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 j

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 kn

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. 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, no

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 reso

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

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 wor

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.

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 restric

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 penal

Littler Women's Leadership Initiative co-chair Margaret Parnell Hogan, interviews fellow Littler attorney Dionysia L. Johnson-Massie, about how respecting women in the workplace helps recruit and retain crucial talent, among other IE&D efforts.

Nearly a decade ago, the U.S. Court of Appeals for the Second Circuit issued three decisions clarifying and tightening the standard for asserting plausible overtime claims under the Fair Labor Standards Act (FLSA) in the Second Circuit. The Second Circuit further elaborated on the pleading standard

According to the Supreme Court, in False Claims Act “qui tam” suits, the federal government can move for dismissal of a case over the relator’s objection even outside of the “seal period.” A key factor considered for government dismissal post-seal period may include burdensome discovery, which means

In a 5-4 decision, the U.S. Supreme Court has upheld Pennsylvania’s “registration statute,” which requires corporations that register to do business in Pennsylvania to consent to the “general personal jurisdiction” of Pennsylvania. Mallory v. Norfolk Southern Railway Co. , No. 21-1168 (June 27, 2023

Denying the Equal Employment Opportunity Commission’s (EEOC) request to enforce a subpoena that would have expanded the agency’s investigation on a classwide basis, the U.S. Court of Appeals for the Eleventh Circuit has held the EEOC did not have the authority to expand the investigation beyond the