United States: Privilege

A recent California lawsuit alleges that AI-based employee selection tools discriminated against workers on protected leave and those with disabilities during a reduction in force. The case highlights critical legal risks for employers deploying AI in high-stakes employment decisions, particularly around how AI systems handle productivity metrics for employees who are absent or working under accommodations.

In C.S. v. Brick Recycling Co., the New Jersey Appellate Division vacated a trial court decision requiring the disclosure of documents relating to an attorney-led workplace investigation into sexual harassment. In doing so, the court provided important guidance on the discoverability of documents relating to such investigations.

The D.C. Circuit's landmark decision in United States v. Navarro establishes that only the president or an authorized designee may invoke executive privilege in response to congressional subpoenas, fundamentally reshaping the obligations of current and former government officials. This comprehensive analysis examines the constitutional foundations of congressional investigative power, enforcement mechanisms ranging from criminal contempt to civil litigation, and the critical defenses available to subpoena r

Last week we wrote about how attorney-client privilege can be lost in domestic M&A when brokers, consultants, and other non-legal advisors are pulled into legal communications.

Today let's talk about the attorney-client privilege, how important that safeguard is in M&A transactions, and how not to mess it up.

In an opinion addressing an issue of first impression, a federal judge ruled last week in United States v. Heppner ...by the attorney-client privilege or the work product doctrine

In this episode of the Mintz On Air: Practical Policies podcast, Member Jen Rubin and Crisis Management and Strategic Response Chair Erek L. Barron dive into the world of crisis management...

In this episode of the "Legal Bites Podcast" series, Food and Beverage Litigation attorneys Charles Weiss and Christopher Riano, along with Practice Development Manager Kristina Merritt...

The U.S. Equal Employment Opportunity (EEOC) and the Department of Justice (DOJ) have issued two technical assistance documents entitled...