5th Cir.: Time off request for substance abuse program wasn’t ADA accommodation request

EEOC and the plaintiff had argued that federal law doesn’t require employees to use a “magic word” when requesting an accommodation.

By HR Dive staff • Aug. 10, 2023

KeyBank misled investors on liquidity, lawsuit claims

The bank blamed marginal funding costs for its downward revision of net interest income, a shareholder said. But that adjustment came less than a week before confidence in regional lenders spiraled.

By Dan Ennis • Aug. 9, 2023

Foreign RICO claims could rise after SCOTUS extraterritoriality decision

Parties will try to tap the generous damages and other benefits under RICO as courts try to decide what is, and isn’t, a case that can be heard in the United States. 

By Robert Freedman • Aug. 7, 2023

Coinbase asks judge to dismiss SEC suit

Citing a separate ruling involving Ripple, Coinbase's chief legal officer said the SEC “has trampled the strict boundaries on its basic authority."

By Dan Ennis • Aug. 7, 2023

Surescripts could lose market dominance under FTC agreement

The company would have to nix a loyalty program the agency calls monopolistic in exchange for ending a lawsuit.

By Robert Freedman • Aug. 4, 2023

Legal professionals skeptical about AI’s impact on complex tasks

Surveyed lawyers and staff also said corporate work, rather than litigation matters, was more likely to be transformed by generative AI.

By Lyle Moran • July 27, 2023

Companies advised to avoid quotas in DEI hiring, contracting

After the Supreme Court’s university-admission decision, corporate diversity programs can best withstand coming challenges if they stay away from hard numbers.

By Robert Freedman • July 27, 2023

Assessing privilege after SEC v. Covington

A federal court has ruled a law firm can disclose its client names without violating privilege, but critics say regulators will seek more information if the ruling stands.

By Robert Freedman • July 26, 2023

Court backs HSBC in suit alleging bank illegally recorded employee’s confidential calls

The employee’s mother filed suit against HSBC, claiming that the recordings violated California’s Invasion of Privacy Act.

By Ryan Golden • July 25, 2023

FTC withdraws case against Microsoft’s Activision merger

After its loss in federal court, the FTC has decided to pause the antitrust case it planned to make before its in-house administrative law judge, reports say.

By Robert Freedman • July 21, 2023

GOP leaders warn companies against race-conscious practices in light of High Court’s ruling

Attorneys general called race-conscious hiring and promotions "overt and pervasive racial discrimination" in a letter to Fortune 100 CEOs.

By Laura Spitalniak • July 20, 2023

Mistaken FMLA eligibility notice supports worker’s lawsuit, court rules

Employers risk liability when they incorrectly approve an employee for Family and Medical Leave Act leave, a new court ruling illustrates.

By Laurel Kalser • July 18, 2023

Microsoft antitrust win a possible spur to FTC action against OpenAI

A former FCC member says the FTC going after Microsoft-funded OpenAI after its loss against the Activision acquisition could be a retaliatory move.

By Robert Freedman • July 17, 2023

Kraft Heinz sues Aetna, says insurer breached ERISA fiduciary duties

Aetna wrongly retained millions in undisclosed fees and paid provider claims “that should have never been paid,” according to the lawsuit filed in a Texas federal court.

By Ryan Golden • July 14, 2023

Amazon settles lawsuit alleging COBRA notices were threatening

A former employee alleged the company’s COBRA notices contained an unnecessary “ominous warning.”

By Ginger Christ • July 13, 2023

Trolls to hit companies with AI infringement claims

The chances that AI prompts might output proprietary code are very high, opening the door to troll armies looking for businesses to sue.

By Robert Freedman • July 13, 2023

Twitter says outside counsel’s ‘success fee’ violated law, professional ethics

Wachtell, Lipton, Rosen & Katz is accused of working with the social media company’s in-house legal team to spend the company’s money just before Elon Musk took over. 

By Robert Freedman • July 10, 2023

Employers not liable for employees taking COVID-19 home to family

The California Supreme Court hands business a big win that is expected to influence how a federal appeals court rules on the case.  

By Robert Freedman • July 7, 2023

Judge delays enforcement of California privacy law regulations

Businesses that thought they were going to need to comply this month with new regulations under the landmark CCPA will now have until spring 2024.

By Lyle Moran • July 5, 2023

Class action seeks to compel Twitter to arbitrate severance complaints

The company is holding out until former employees agree to split the cost of arbitration with it, but under rules the company agreed to, it’s responsible for the costs. 

By Robert Freedman • July 5, 2023

SCOTUS Abitron decision will force companies to step-up foreign trademark rights

As a result of the June 29 decision, foreign infringement could cause U.S. market confusion over branding without penalty. A penalty would apply only if the foreign infringement occurs “in commerce” in the U.S.

By Robert Freedman • June 30, 2023

SCOTUS overturns Title VII precedent, lowering bar for religious accommodations

The decision in Groff, which overturned 40 years of precedent, presents a higher standard for employers to meet in order to deny an accommodation request for religious reasons.

By Ryan Golden • June 30, 2023

Companies face harder time limiting where they’re sued after SCOTUS decision

The court rejected a constitutional challenge to a state law permitting companies that do business in the state to be sued there no matter where the conduct at issue occurred or where the parties are based.

By Robert Freedman • June 28, 2023

Judge in ChatGPT case most troubled by attorneys’ lack of candor

The lawyers might have been able to avoid Rule 11 sanctions if they had quickly admitted to a federal judge that one of them used the OpenAI chatbot for legal research.

By Lyle Moran • June 26, 2023

Economics factor into litigation decisions, GCs say

Even meritorious cases won’t be pursued if a company is clinging to cash, paving the way for risk-sharing by outside law firms or litigation funders, a general counsel survey finds.

By Robert Freedman • June 26, 2023