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2 weeks ago | 
natlawreview.com | John F. Kuenstler |Douglas M. Oldham |Frances Green |George Whipple
U.S. Court of Appeals for the Seventh Circuit recently held that an employee who was neither disabled nor perceived as disabled was entitled to back pay damages under the ADA The court found that a medical exam requirement was a form of disability discrimination, even though the plaintiff had no actual or perceived disability Given this ruling, employers should be cautious when requiring medical examinations and ensure they are clearly job-related and consistent with business necessity While...
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Oct 23, 2024 | 
jdsupra.com | Adam Forman |Nathaniel M. Glasser |Frances Green
On September 24, 2024, the U.S. Department of Labor (“DOL”), collaborating with the Partnership on Employment & Accessible Technology (“PEAT”), a non-governmental organization the DOL funds and supports, announced the publication of the “AI & Inclusive Hiring Framework,” (“the DOL’s Framework”).
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Oct 14, 2024 | 
jdsupra.com | Frances Green |Katherine Heaney |Rishi Puri
As more organizations across industry sectors store personal data with cloud storage vendors— including the three largest vendors in the world, Amazon Web Services (AWS), Microsoft Azure, and Google Cloud Platform—federal regulatory agencies are increasing their scrutiny of data control efforts and vetting the data privacy and security protocols of third-party vendors. AT&T’s recent settlement with the Federal Communications Commission (FCC) serves as a cautionary tale. What Is the Cloud?
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Oct 2, 2024 | 
law.com | Frances Green |Karen Mandelbaum
In the contemporary digital landscape, artificial intelligence (AI) can serve as both a guardian and a threat to personal data. AI technology holds the promise of enhanced security and efficiency. The proliferation of generative AI presents unique challenges that can compromise sensitive personal information.
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Aug 7, 2024 | 
natlawreview.com | Frances Green
On July 11, 2024, after considering comments from insurers, trade associations, advisory firms, universities, and other stakeholders, the New York State Department of Financial Services (NYSDFS) issued its Final Circular Letter regarding the “Use of Artificial Intelligence Systems and External Consumer Data and Information Sources in Insurance Underwriting and Pricing” (“Final Letter.”) By way of background, NYSDFS published its Proposed Circular Letter (“Proposed Letter”) on the subject in...
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Aug 7, 2024 | 
natlawreview.com | Frances Green
As the implementation and integration of artificial intelligence and machine learning tools (AI) continue to affect nearly every industry, concerns over AI’s potentially discriminatory effects in the use of these tools continue to grow. The need for ethical, trustworthy, explainable, and transparent AI systems is gaining momentum and recognition among state and local regulatory agencies—and the insurance industry has not escaped their notice.
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Aug 7, 2024 | 
workforcebulletin.com | Frances Green
On July 11, 2025, after considering comments from insurers, trade associations, advisory firms, universities, and other stakeholders, the New York State Department of Financial Services (NYSDFS) issued its Final Circular Letter regarding the “Use of Artificial Intelligence Systems and External Consumer Data and Information Sources in Insurance Underwriting and Pricing” (“Final Letter.”) By way of background, NYSDFS published its Proposed Circular Letter (“Proposed Letter”) on the subject in...
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Jul 15, 2024 | 
workforcebulletin.com | Adam Forman |Nathaniel M. Glasser |Frances Green |Alexander J. Franchilli
On July 12, 2024, in a keenly awaited decision, the U.S. District Court for the Northern District of California determined that Workday, Inc.
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Jul 12, 2024 | 
jdsupra.com | Frances Green
The past several years have witnessed a notable uptick in workplace artificial intelligence related legislation and agency enforcement attention, specifically focused on the infusion of AI or so-called automated decision-making tools. Colorado’s new Artificial Intelligence Act, for example, designates employment as a “high-risk” sector of AI applications and has heightened concerns of lawmakers and corporate executives. Lawsuits, such as Mobley v. Workday and Moffatt v.
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Jul 12, 2024 | 
natlawreview.com | Frances Green
The past several years have witnessed a notable uptick in workplace artificial intelligence related legislation and agency enforcement attention, specifically focused on the infusion of AI or so-called automated decision-making tools. Colorado’s new Artificial Intelligence Act, for example, designates employment as a “high-risk” sector of AI applications and has heightened concerns of lawmakers and corporate executives. Lawsuits, such as Mobley v. Workday and Moffatt v.
