Compliance Stuff

On June 2, 2026, the White House unveiled another executive order on artificial Intelligence (“AI”), entitled “ Promoting Advanced Artificial Intelligence Innovation and Security ”.  This executive order follows previous issuances, including: January 23, 2025 Executive Order on “Removing Barriers to American Leadership in Artificial Intelligence” revoking prior AI orders from the Biden administration as well as agency implementations thereof; July 23, 2025 Executive order releasing “America’s Action Plan“ plus 3 other related executive orders; Nov 23, 2025 Executive Orde r launching the “Genesis Mission“ to be led by the Department of Energy, to accelerate AI-driven scientific discovery; December 11, 2025 Executive Order on “Ensuring a National Policy Framework for Artificial intelligence”, calling for a National AI Policy Framework and the preemption of conflicting state AI laws (as well as a DOJ Task force to identify such laws; and March 20, 2026 Release of the National A...

Responding properly to reports of illegal or criminal activity, unlawful discrimination, harassment and retaliation, and other workplace complaints often requires employers to conduct internal investigations. The nature and seriousness of a complaint or the concerns raised will determine whether an informal resolution or a formal investigation is appropriate. Workplace investigations provide critical benefits by ensuring legal compliance, mitigating litigation risks, and maintaining a safe, productive culture. Investigations allow employers to objectively address misconduct, such as harassment or discrimination, prevent the escalation of disputes, mitigate loss and costly remedial measures associated with litigation or illegal or criminal activity, such as fraud, as well as demonstrate a commitment to fairness, which strengthens employee trust and protects an employer’s reputation. This article outlines steps and best practices for employers to consider when conducting effective w...

Recent trends across the country now demonstrate that a client’s use of public AI tools may be both discoverable and may potentially waive the attorney-client privilege. On February 10, 2026, the U.S. District Court for the Southern District of New York reaffirmed foundational confidentiality principles in the context of artificial intelligence (“AI”) in the legal field in  United States v. Heppner , No. 1:25-cr-00503-JSR. In  Heppner , the defendant was indicted on charges of securities and wire fraud in violation of 15 U.S.C. §78j(b) and 18 U.S.C. §1343, respectively, and related conspiracy, obstruction, and false statement charges . During the execution of a search warrant on his property, federal agents seized electronic devices containing AI logs and AI-generated documents, which contained the defendant’s use of AI to prepare reports outlining his legal defense and strategy. The defense argued that the AI-generated documents were privileged on the basis that the AI-genera...

Passed in late 2025, California Senate Bill 590 will, commencing July 1, 2028, expand eligibility for benefits under the paid family leave program to include individuals who take time off work to care for a seriously ill designated person. The bill defines designated person to mean “any care recipient related by blood or whose association with the individual is the equivalent of a family relationship.” In addition, the bill will require an individual that requests, for the first time, family temporary disability insurance benefits to care for a designated person to identify the designated person and, under penalty of perjury, attest to how the individual is related by blood to the designated person,  or  how the individual’s association with the designated person is the equivalent of a family relationship. In sum, this bill allows for an increased scope for employees who take time off to care for others and grant an increased scope of benefits to employees who take time off t...

On November 24, 2025, the Trump Administration issued an Executive Order launching the  “Genesis Mission” , a national initiative led by the Department of Energy (“DOE”) to accelerate AI-driven scientific discovery. This executive order occurs at a time when the European Union recently delayed or scaled back regulation of AI through revisions to the EU AI Act (as well as GDPR) in its  omnibus package , while at the same time states have continued to introduce legislation to address AI while the federal moratorium on state AI laws has resurfaced. Many thought leaders and policy analysts are framing this as one of the most ambitious US science and technology initiatives in decades , often comparing it to – as does the executive order itself – the Manhattan Project. The order intends to position AI as a national strategic asset, akin to nuclear technology during the Cold War, where AI becomes central to US global competitiveness and national security . Timelines are aggressive: ...

On September 30, 2025, the U.S. Department of Labor (“DOL”) Wage and Hour Division issued a new opinion letter clarifying how employers should calculate the hourly equivalent of an employee’s available leave under the Family and Medical Leave Act (“FMLA”). The opinion also addresses how FMLA applies to employees whose schedules include both mandatory and voluntary overtime. While the guidance largely reaffirms existing principles, it provides clarification for employers that manage nontraditional or fluctuating work schedules. Background on the FMLA The FMLA entitles eligible employees of covered employers to take up to 12 workweeks of unpaid, job-protected leave in a 12-month period for qualifying family and medical reasons – such as the employee’s serious health condition, the birth or adoption of a child, or the need to care for a family member with a serious health condition . During FMLA leave, group health insurance coverage must continue under the same terms and conditions as i...

When discussing complex employment issues, an employer would be wise to take steps to ensure that communication is protected from disclosure and remains confidential, preventing it from becoming discoverable in future litigation. The attorney-client privilege protects a (1) communication, (2) made between privileged persons (attorney and client), (3) in confidence, (4) for the purpose of obtaining or providing legal advice or services for the client. This means that sensitive communications between HR personnel, senior executives, or other non-legal personnel are typically  not  privileged . Even when in-house counsel are included, maintaining privilege can be difficult when the in-house attorney wears multiple “hats.” The work product doctrine shields "documents and tangible things that are prepared in anticipation of litigation or for trial by or for another party or its representative. . . ." Fed. R. Civ. P. 26(b)(3)(A). Why Should I Care About Privilege? Internal communic...