by Jeffrey Blankstein and Katie Bigley Artificial Intelligence (AI) has rapidly transformed the digital landscape, making it easier to search for information, create computer-generated images (CGI), and produce increasingly realistic digital representations of people. As these technologies become more accessible, however, they raise new legal questions about how individuals’ identities...
by Tyla A. Swinton Oftentimes, discrimination and harassment cases boil down to documentation. Does the employer have an anti-discrimination and anti-harassment policy? A complaint procedure? Did the employer document the employee’s complaint? The investigative process? Did the employer document its decision and outcome for the matter? Was the decision based...
by Hannah R. Brefeld and Lucia Mead After approximately one day of deliberations, a federal jury in Oregon found Nike liable for more than $15 million in damages for violating federal and state anti-discrimination laws, finding Nike paid former employee, Heather Hender, less than similarly situated male colleagues and promoted...
By Ethan Krasnoo and Lucia Mead On June 22, 2026, in Mobley v. Workday, Inc., U.S. District Judge Rita Lin largely denied Workday's motion to dismiss the plaintiffs’ Third Amended Complaint, including rejecting the company's argument that California's anti-discrimination laws do not apply to its screening of applicants outside California...
RPJ’s Gregory P. Feit was recently featured in a Law360 article examining the intersection of trademark enforcement, parody, commercial speech, and brand protection in the closely watched dispute between outdoor apparel company Patagonia and environmental activist and drag performer “Pattie Gonia.” The case centers on a trademark infringement lawsuit filed...
By Alice K. Jump and Lucia Mead Nearly a year after the Second Circuit issued its significant ruling in Flores v. N.Y. Football Giants, the litigation involving former NFL coach Brian Flores and the league’s arbitration procedures has taken another turn. On May 26, 2026, the United States Supreme Court...
A recent decision from the 11th U.S. Circuit Court of Appeals could expand the types of workplace conduct that support legal liability. In a split ruling, the Eleventh Circuit reinstated the claims brought by the only nonwhite employee at a Florida commercial trucking company who alleged he was subjected to...
By Alice K. Jump and Kaycee Portillo-Sorto Thorny issues regarding whether AI generated documents are protected by the attorney client privilege or work product doctrine were recently highlighted in two divergent federal court cases. On February 10th, 2026, Judge Jed S. Rakoff of the U.S. District Court for the Southern...
By Ethan Krasnoo As recounted below, recent lawsuits regarding the use of AI by companies in making employment hiring decisions highlight some serious legal challenges and concerns for employers. Last month, a class action lawsuit was filed in California state court against Eightfold AI Inc. As alleged in the suit,...
By Gregory P. Feit On April 18, 2026, recent amendments to the New York State Fair Credit Reporting Act will go into effect, making it an unlawful discriminatory practice for employers statewide to inquire about or use an applicant’s or an employee’s consumer credit history for employment-related purposes, subject to...