U.S. Courts News Reporter
Two federal judges with seemingly opposite rulings on whether using GenAI tools waives the work product privilege. But the cases present facts that differ in important ways.
Here’s what reading them together can tell us about discovery risk, waiver, and pro se status. The bottom line is that privilege issues can still be minefield, and neither ruling necessarily gives you a safe harbor.
Here’s my post for Above the Law.
Confronted with a claim of discriminatory termination or retaliation, an employer’s defensive strategy most often centers on marshalling facts and evidence to—eventually—support a motion for summary judgment that leans heavily—if not exclusively—on the argument that any adverse employment actions taken were based on legitimate and non-discriminatory business reasons that the employee will not be able to show were pretextual. This approach began with the burden-shifting framework described by the Supreme Court in its seminal 1973 decision, McDonnell Douglas Corp. v. … Read the rest