Compliance Stuff

The integration of generative AI tools like ChatGPT has sparked both excitement and concern within the legal community. While AI offers tremendous potential in automating routine tasks, its misuse can lead to severe consequences, as evidenced by a recent discovery decision that has captured the attention of litigators and legal professionals alike. This case,  Iovino v. Michael Stapleton Assocs., Ltd. (MSA) , marks the first instance in which a court addressed the implications of using ChatGPT-generated citations in a discovery motion.. In this blog, we’ll delve into the case details, the court’s ruling, and the broader implications of relying on generative AI for legal research. The lessons learned here are crucial for all litigation professionals who must navigate the intersection of cutting-edge technology and legal ethics. Background The case of  Iovino v. Michael Stapleton Assocs., Ltd.  emerged from a whistleblower lawsuit in which the plaintiff, Dr. Iovino, alleg...

Although the U.S. Equal Employment Opportunity Commission (EEOC) has called reassignment an accommodation of last resort under the Americans with Disabilities Act (ADA), transfer shouldn’t be overlooked by employers as a possibility before termination. Sometimes, an employee with a disability might even prefer it. Calling reassignment an accommodation of last resort “depends on the context,” said Peter Petesch, an attorney with Littler in Washington, D.C. “If the employee brings it up as an option, it is no longer a last resort.” Reassignment should always be on the “options board—something that should neither be jumped to at the outset nor forgotten as the accommodation process unfolds,” he explained. “It needs to be part of the calculus.” Employers typically try to reasonably accommodate an employee within their current position first, said Myra Creighton, an attorney with Fisher Phillips in Atlanta. Resorting to transfer only as a last-chance accommodation usually makes sense after ...

Six Simple Steps to Avoid Sanctions for Failure to Preserve Electronic Evidence I’m not a lawyer, and far be it for me to give legal advice, but I’ve lived and worked around lawyers for all of my professional legal career, so I’m at least qualified to comment on the importance of executing sound legal hold and preservation processes. Google Has Monopolized the Search Market Recently, the United States District Court for the District of Columbia issued a decision in United States of America et al., vs. Google LLC, Case No. 1:20-cv-03010-APM (08/05/24). This case was brought against Google by the federal and state governments alleging that Google practices related to their dominance of the search market violated the Sherman Act and the Clayton Act, which are U.S. laws designed to protect against antitrust, monopolistic, and unfair and anti-competitive business practices. Commenced in 2020 and proceeding through discovery and eventually a trial in 2023, the case largely flew under the ra...

 As a result of recent return-to-office mandates, numerous workplaces are seeing a rise in  “coffee badging”—when workers pop into the office for just a few hours to fulfill return-to-office mandates . To identify how often employees are “coffee badging,” some employers are using data from security badges. Quick Hits To technically comply with new return-to-office requirements, some workers are entering their physical offices, clocking in, and leaving just a few hours later. To understand how frequently this is occurring,  employers are permitted to use technology to verify on-site attendance and duration of attendance . Corporate leaders and managers  can align as to how many hours in the office  are sufficient to meet the company’s requirement for on-site work. In the last two years,  many companies have ramped up their in-office requirements and started monitoring data to ensure that employees are complying . However, not all workers are on board with re...

  Millions of Americans will be headed to the polls on November 5, 2024, in what is shaping up to be an extremely close presidential election with high voter turnout. Employers may need to consider how employees’ voting time may impact their workplaces. Quick Hits Voter turnout for the November 2024 elections is expected to be high, meaning many employees will be taking time off to exercise their right to vote. Most states require employers to provide unpaid leave to vote or do not have specific requirements, while some states require paid leave. Employers may want to start considering each state’s specific voting leave requirements and whether their employees will be impacted. The race for president appears to be set between the Republican nominee, former president Donald Trump, who previously served one term in office from 2017 to 2021, and the Democratic nominee, Vice President Kamala Harris, who shot to the top of the ticket after President Joe Biden surprisingly exited the rac...