Compliance Stuff

What are we craving right now? The Rule of Law! Let me tell you, the American Bar Association delivered this past week! Every spring, the ABA’s Labor and Employment Section Wage and Hour Committee  publishes a comprehensive report of FMLA decisions handed down by the federal courts in the previous year. Although our little FMLA blog catches some of the key FMLA cases as they occur throughout the year, the ABA’s annual report includes every FMLA decision issued in the 12-month period ending October 31, 2024. Every. Single. One. Of. Them. This year’s report was just released and can be accessed  here  (pdf). I highly recommend it as a key FMLA resource for HR professionals and employment attorneys . I refer to it throughout the year. All the credit goes to  Bridget Penick ,  Diana Nobile  and  Bethany Hilbert , who helped spearhead the annual summary this year with a few other employment attorneys. I’ll be covering a ton of these new FMLA cases at m...

Be cautious, be curious, be vigilant, and be brave. Those were the words of the New York State Bar Association’s Task Force on Artificial Intelligence. It is good advice. GenAI is here and lawyers need to understand its risks, its benefits, and how it can (and should) be ethically integrated into their legal practice.  Despite the changing world around us, a lawyer’s fundamental ethical obligations remain the same . Attorneys are required to comply with the Rules of Professional Conduct in their state and apply those rules to GenAI . Some states have issued AI-specific guidance while others are still racing to catch up. We highlight some of the state guidance as well as the ABA Model Rules. GenAI in ABA Model Rules While the ABA Model Rules do not apply to attorneys directly, they form the foundation of the majority of state rules so guidance from the ABA is helpful. The relevant obligations in these rules include:   Competence (Rule 1.1) Rule 1.1 mandates competent represent...