Compliance Stuff

  Don't quit your current job! Bloomberg Law  had a  good article  yesterday by Jo Constantz about AI-conducted job interviews. (Paid subscription may be required to access.) According to the article, many companies are now using AI interviews for the first round in the hiring process, which probably makes sense especially when there are a lot of applicants, and then going back to old-fashioned human interviews of the applicants who survive round one. The article piqued my curiosity, so I went to some AI-interview websites and saw some actual and demo interviews on  YouTube  and  TikTok . A couple are  here  (real) and  here  (demo). "HIIII! I'M ASHLEY, YOUR VIRTUAL INTERVIEWER. IS NOW A GOOD TIME FOR YOU?" Yuck.   Chat bots with vocal fry, long pauses after the live human answers the questions, no genuine reactions to what the live human actually says. And check out  this one  (real), where the AI bot glitched and j...

The U.S. Supreme Court has agreed to review the pleading standards that plaintiffs must satisfy in Employee Retirement Income Security Act (ERISA) prohibited transactions cases. The case,   Cunningham v. Cornell University , involves a challenge of Cornell’s allegedly excessive recordkeeping fees in its retirement plans. We’ve gathered articles on the news from SHRM and other outlets. Split Among Appellate Courts At least two federal appeals courts have ruled that plaintiffs alleging prohibited transactions under ERISA only have to allege that such a transaction took place to survive a defendant’s motion to dismiss. But the 2nd Circuit and three other appeals courts have said those lawsuits must also allege that a plan engaged in a prohibited transaction with the intent to benefit a third party, such as a recordkeeper. The Cornell plaintiffs told the Supreme Court that the 2nd Circuit had gone further and misconstrued ERISA “by placing the onus on plaintiffs to negate, rathe...