United States: Employment and HR

In California, an employer’s invention-assignment agreement often looks like it gives the company ownership of every idea an employee touches. For engineers at high-growth technology companies...

The Federal Acquisition Regulatory Council has issued new guidance requiring federal contractors to certify they will not engage in racially discriminatory diversity, equity, and inclusion activities. This implementation of Executive Order 14398 introduces significant compliance obligations and potential legal risks for government contractors, including reporting requirements and the possibility of contract termination for non-compliance.

The Federal Trade Commission has shifted from pursuing a nationwide ban on noncompete agreements to a targeted enforcement strategy focused on case-by-case investigations and consent orders. Recent enforcement actions reveal the agency's priorities, particularly regarding blanket noncompetes affecting low-wage workers and restrictions in the healthcare industry that may limit patient access to care.

Employers are entering a new era of enforcement—one in which compliance is no longer judged by policy, but by proof.

The Federal Acquisition Regulatory Council has issued new guidance requiring federal contractors to certify they will not engage in racially discriminatory diversity, equity, and inclusion activities. This implementation of Executive Order 14398 introduces significant compliance obligations and potential legal risks for government contractors, including reporting requirements and the possibility of contract termination for non-compliance.

The Department of Justice's $17 million settlement with IBM over alleged discriminatory DEI practices marks a watershed moment in federal contracting enforcement, extending liability retroactively to 2019 and establishing that diversity initiatives can trigger False...

The SECURE 2.0 Act introduces significant compliance requirements and plan design opportunities for 2026, with mandatory Roth-only catch-up contributions for higher earners and expanded eligibility for part-time employees. Plan sponsors face critical year-end amendment deadlines and must make strategic decisions about optional features that will shape their retirement plans' future.

The PBM regulatory landscape is evolving rapidly at both the federal and state levels, making it critical for our clients involved in the PBM space to stay apprised of developments in the industry as they happen. Our team actively monitors these to provide you with this quarterly PBM Policy and Legislative Update. This update builds on prior issues and highlights federal and state activity from October 2025 to mid-February 2026.

The Consolidated Appropriations Act of 2026 introduces sweeping changes to pharmacy benefit manager oversight, mandating comprehensive disclosure requirements and rebate pass-through obligations that will fundamentally...

When does an attorney’s conduct cross from protected legal services into unprotected business advice? A recent opinion from the Fifteenth Court of Appeals...

Virginia's new Senate Bill 170 introduces significant restrictions on employer noncompete agreements, particularly affecting low-wage and terminated employees.

In Massey v, Borough of Bergenfield, __ F.4th __ (3d Cir. 2026), the U.S. Court of Appeals for the Third Circuit held that a white employee who alleged...