Resources

The U.S. Department of Labor has released several pieces of guidance related to ERISA fiduciary status and standards of conduct relating to investment selection and related advice in retirement plans.  In each case, the guidance harkens back to familiar historical principles.

On April 14, 2026, the White House transmitted two nominations to the United States Senate that, if confirmed, would bring the National Labor Relations Board to four sitting Members and cement a Republican majority through the balance of the decade. 

Two federal courts just reached different conclusions on whether sharing Meta Pixel data tied to video-viewing activity can violate the Video Privacy Protection Act (VPPA). The result: VPPA exposure for video content may now depend heavily on where a lawsuit is filed.

Your company has just filed a lawsuit in Michigan state court. Can the court dismiss your suit on the grounds that you should have brought it in the jurisdiction specified in the forum-selection clause of a contract you never signed? The answer may be “yes,” according to the Michigan Court of Appeals’ recent decision.

A recent decision by the U.S. Court of Appeals for the Sixth Circuit (which covers Michigan, Ohio, Tennessee and Kentucky) signals an increased willingness to scrutinize outdated actuarial assumptions used by defined benefit pension plans.

The U.S. Court of Appeals for the Fifth Circuit issued a sweeping decision that significantly constrains how the Federal Trade Commission may pursue deceptive advertising claims. The court vacated a broad cease‑and‑desist order builds directly on the Supreme Court’s 2024 ruling in SEC v. Jarkesy and has the potential to reshape the FTC’s enforcement playbook.

The National Collegiate Athletic Association (“NCAA”) has filed a federal trademark lawsuit against DraftKings, Inc. alleging unauthorized use of the NCAA’s iconic basketball tournament trademarks, including MARCH MADNESS®, FINAL FOUR®, ELITE EIGHT®, and SWEET SIXTEEN®, in connection with online sports betting and gambling services.

Federal courts’ strong presumption in favor of arbitration under the Federal Arbitration Act has long enabled employers to bind most prospective claims by their employees to mandatory arbitration. A legislative caveat to this approach was enacted in 2021 in the form of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA). A question arises as to whether the EFAA allows an employee to choose judicial litigation over arbitration for the entire case when the case involves multiple claims, only one of which is based on sexual harassment. The Sixth Circuit Court of Appeals answered that question in the affirmative.

A recent Ontario decision confirms that U.S. companies can be sued in Canada for infringement of Canadian intellectual property, even when servers, employees, and corporate headquarters are located outside the country. If a company’s services or products impact Canadian intellectual property or Canadian users, then Canadian courts may assert jurisdiction. The decision shows that Canadian courts are increasingly ready to hold foreign companies accountable for activity that impacts Canadian rights and interests.

On February 27, 2026, newly appointed National Labor Relations Board (NLRB) General Counsel Crystal S. Carey issued Memorandum GC 26-03, providing updated case handling guidance to regional offices nationwide. The memorandum is an early and consequential signal of how the new General Counsel intends to prioritize case processing to address the significant case back log created by the instructions of the prior General Counsel and recent government shutdowns. Employers and HR professionals should take note: the enforcement posture the NLRB has materially changed, and the practical implications are significant.