A recent Delaware Court of Chancery decision offers a blunt reminder for executives, directors and legal teams: once litigation is reasonably anticipated, private messaging apps may fall within the scope of discovery and the company’s related preservation obligations....
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DOL Clarifies Exempt Status for Dual-Role Employees Performing Hourly Work
The U.S. Department of Labor (DOL) Wage and Hour Division recently issued Opinion Letter FLSA2026-5 (May 28, 2026), offering important clarity on a common workforce practice: allowing exempt employees to perform additional, non-exempt work on an hourly basis. For HR...
Supreme Court Opens Door to Negligent-Hiring Claims Against Freight Brokers
Supreme Court Clarifies FAAAA Safety Exception The United States Supreme Court’s unanimous decision in Montgomery v. Caribe Transport II, LLC is a significant ruling for freight brokers, motor carriers, shippers, logistics companies and businesses that rely on...
AAA ICDR® Introduces an AI Arbitrator: A New Tool in Commercial Dispute Resolution
The American Arbitration Association–International Centre for Dispute Resolution (AAA‑ICDR®) has introduced an AI‑enabled arbitrator as part of its broader effort to modernize and streamline arbitration. The initiative represents a notable development in alternative...
Tariff Refunds and Consumer Class Actions: A New Litigation Risk for Retailers and Consumer Brands
Retailers and consumer brands are facing a new litigation risk tied to tariff refunds: proposed consumer class actions alleging that customers paid higher prices because of tariffs that were later held unlawful. The issue follows the U.S. Supreme Court’s February 20,...
Private Foundation Excise Taxes and the Unique Problems Facing Entrepreneurs
Purpose and Scope Charitable giving has become an important goal of many entrepreneurs who have accumulated substantial wealth in closely held businesses. Among the many philanthropic vehicles available, the private foundation stands apart for its capacity to support...
Ohio Halts Data Center Tax Incentive Amid Growing Debate
Data center development has been at the center of the economic development conversation in 2026 as states and communities have been debating both the economic development incentive programs for data centers and the positive and negative impacts. Ohio Governor Mike...
Ohio Spring Housing Update: What Buyers Need to Know
Market Snapshot Inventory is rising across the state of Ohio, but prices are not backing down. If you were actively involved in buying or selling a home over the past few years it probably felt like a game of musical chairs. The early 2020s saw some of the lowest...
Trump Accounts and the Stock Donation Debate: What the Law Actually Says — and What Is Still Unsettled
The Trump administration is weighing whether to allow contributions of appreciated stock directly into §530A “Trump Accounts” — children’s savings accounts created by the One Big Beautiful Bill Act of 2025 (OBBBA), Pub. L. 119-21. Recent news coverage has described a...
Confidentiality, Privilege, and Work Product AI, Liability, and Discoverability for Corporate Legal Departments
Part One of a Five-Article Series on AI and the Law The short answer: AI does not change the fundamental dynamics of managing liability and discoverability. The duties of confidentiality, the rules of attorney-client privilege, and the work product doctrine all...