The EU-US Data Privacy Framework (the “DPF”) is a primary legal mechanism for transferring personal data from the EU to the US since the European Commission's adequacy decision in July 2023. It is the third transfer arrangement after Safe Harbor was invalidated by the CJEU in Schrems I (2015) and Privacy Shield in Schrems II (2020). Both frameworks failed because the CJEU found US surveillance laws and lack of redress meant EU data subjects lacked equivalent protection. The D

The US Supreme Court has ruled that a federal court that stayed an employment discrimination case based on a binding arbitration clause retained jurisdiction to decide the merits of an arbitral award notwithstanding the employee’s contention that motions to confirm and vacate failed to independently support federal question or diversity jurisdiction WHY THIS IS IMPORTANT… The Supreme Court ruled that because the district court originally had federal jurisdiction to send the

With limited federal action, twenty states have enacted comprehensive data privacy laws as of June 2025. Although these laws share common themes, their unique requirements create a complex compliance landscape for businesses. Pre-June 2024 The first was the California Consumer Privacy Act of 2018 (“CCPA”), effective January 1, 2020. California expanded consumer protections with the California Privacy Rights Act of 2020 (“CPRA”). The CCPA was the first state law to estab

The U.S. Department of Labor’s (DOL) Wage and Hour Division has proposed a rule (Proposed Rule) on joint employer status under the FLSA, FMLA, and the Migrant and Seasonal Agricultural Worker Protection Act. The goal is to create a single nationwide standard for when multiple entities share responsibility for wages, damages, and other obligations under these laws. This is now decided by court decisions, leading to differing standards across the country. This Proposed Rule i

Businesses have to face the fact that mass arbitrations of consumer claims are quickly becoming the norm. This trend is largely the outgrowth of efforts to avoid the costs of class action litigation. However, this new form of dispute resolution brings its own problems, which are being addressed. JAMS and AAA issued rule changes and updated their fee schedules in 2024 to address mass arbitration and mitigate some of the cost and administrative burdens mass filings impose on

Some of the world’s largest companies have rolled out their newest large language models, allowing developers and the public to use the technology firsthand. AI has changed the way businesses operate. Tasks that once took hours now take minutes. All new technologies raise questions about the proper role of government oversight. Two regulatory approaches have emerged. The EU favors the ex ante approach, which entails regulating AI before harm occurs. Alternatively, a juris

During contract negotiations, the company assured a potential client that it had enough staffing and expertise to meet all third-party payor requirements. The company claimed the client could rely entirely on them for billing submission and collection. It also stated that it possessed sufficient staffing, oversight, knowledge of timely filing rules, extensive medical billing expertise, and an understanding of the client’s medical practices to process and collect accounts prom

Where a former employee sued for an unpaid commission, the case on the commission was dismissed, but the claim of being fired in retaliation for making a claim was allowed to continue. WHY THIS IS IMPORTANT… The wage act, like most worker protection laws, penalizes retaliation against workers for seeking protection under the law. The company argued that because the wage act claim was dismissed, the related retaliation claim should be dismissed as well. The court denied the

The Appellate Tax Board ruled that the gain from the sale of stock was Massachusetts source income subject to tax. The Court of Appeals affirmed. WHY THIS IS IMPORTANT… Although the taxpayer was a New Hampshire resident when he sold his stock, the sale was ruled taxable by Massachusetts because the company was Massachusetts-based and he received the stock as compensation for his employment with the company rather than as an investor. A 2003 amendment to the Massachusetts ta

False advertising against a competitor can create liability for multiple damages under Massachusetts law.

Planning for AI Contracting

Using appropriate standards and frameworks add foreseeability to technology-driven contracts

The Supreme Court has declined to review a lower court opinion that affirmed the US Copyright Office requirement of human authorship to be eligible for copyright protection.

Even Delaware courts are applying increasing scrutiny to restrictive covenants, including no solicitation provisions, even in a business sale.

The US Court of Appeals for the Sixth Circuit has ruled that when a complaint plausibly alleges sexual harassment, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act can prevent arbitration of the entire case

Washington state has enacted a new law that renders nearly all noncompete agreements void and unenforceable for Washington-based workers. It becomes effective in 2027.

The US District Court in New York held that a defendant’s written exchanges with a public AI platform were not protected by the attorney-client privilege or the work product doctrine.

The administration issued a new, comparatively restrained Executive Order that specifically targets examples of discrimination based on race or ethnicity.

Trade secret cases can result in money damages in addition to injunctions.

The FTC has not totally walked away from noncompetes. The FTC is now going after no-hire provisions in commercial contracts.