Hunton Retail Law Resource

The results are in: attorneys are filing more employment law cases in court.  Indeed, year-end reporting from legal databases like LexMachina confirm that the pace of filing new employment discrimination cases reached its highest level in 2025, surpassing 20,000 new filings nationwide.  Though overtime and minimum wage lawsuits under the Fair Labor Standards Act (FLSA) have continued to decline since 2015, discrimination cases under laws like Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act are on the rise.

A recent federal court decision determined that documents created by a criminal defendant using AI and subsequently shared with legal counsel were not shielded by attorney-client privilege or the work product doctrine. In USA v. Heppner, Judge Jed S. Rakoff of the U.S. District Court for the Southern District of New York compelled the disclosure of 31 documents created with Anthropic’s Claude. This order was issued despite the defendant including information from counsel in the AI tool’s input and later providing the resulting outputs to his attorneys. The ruling offers early judicial perspective on privilege concerns involving AI-generated materials, an area where case law remains sparse.

A recent federal court ruling held that AI-generated documents prepared by a defendant and later shared with legal counsel were not protected by attorney-client privilege or the work product doctrine.

The National Labor Relations Board (“Board” or NLRB) can have up to five sitting Board members, but only three are needed for the NLRB to have a quorum. The Board had been without a quorum for most of last year but now has three sitting members thanks to two new additions last month. It marked the first time since the start of President Trump’s second term that a majority of Board members have been Republicans.