A consequential noncompete may be the one that’s not called a noncompete at all.
It may appear as a confidentiality clause that prevents an employee from using the knowledge needed to continue working in the industry. Or a client non-solicitation
Proskauer Rose LLP Blogs
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The Robots Are Here! California Enacts AI Restrictions For the Workplace
At the conclusion of the 2026 legislative session, California Governor Gavin Newsom signed into law three bills addressing how employers use artificial intelligence (“AI”) in the workplace. Together, they place limits on AI-assisted discipline, restrict certain forms of employee surveillance,
“Headless” PAGA Claims Get Their Day: Leeper Set for November 3
It’s official: The California Supreme Court will hear oral argument in Leeper v. Shipt, Inc. on Tuesday, November 3, 2026. The Court’s newly released calendar lists Leeper as the second case in its 9:00 a.m. session in San Francisco.
As
“Red Flags” Mental Health Parity Guidance Provides Practical Tips for Plan Sponsors and Hints at Future Rulemaking Priorities
On the same day the Department of Labor’s Employee Benefits Security Administration (“EBSA”) issued Field Assistance Bulletin No. 2026-03, EBSA also posted a companion “red flags” guidance document to assist plan sponsors in identifying mental health parity compliance issues (the
We Know You Used AI: Spotting AI in Legal Briefs
You are reading a brief and something seems off. The cases are real. The citations check out. There is no reference to a decision from a court that does not exist. But you know.
They used AI.
Or do you?
The Robots Are Here! California Enacts AI Restrictions For the Workplace
At the conclusion of the 2026 legislative session, California Governor Gavin Newsom signed into law three bills addressing how employers use artificial intelligence (“AI”) in the workplace. Together, they place limits on AI-assisted discipline, restrict certain forms of employee surveillance,
Green Claims, Real Consequences: What the EU’s New Greenwashing Rules Mean for Businesses
Since 27 September 2026, businesses selling to consumers in the European Union (“EU”) have been subject to new rules on environmental claims. The rules come from the EU’s Empowering Consumers for the Green Transition Directive (EU) 2024/825 (the “EmpCo
Straight to Court: Eleventh Circuit Eliminates Exhaustion Defense in ERISA Statutory Suits
On October 13, 2026, the en banc Eleventh Circuit held in Bolton v. Inland Fresh Seafood Corporation of America that ERISA does not require plaintiffs to exhaust a plan’s internal claims procedures before suing in federal court for breach of
Second Circuit: Employees Told to Show Up Early Are “Engaged to Wait”
On October 13, 2026, a divided panel of the U.S. Court of Appeals for the Second Circuit revived a putative collective and class action alleging that discount supermarket chain Lidl failed to pay grocery workers for time spent waiting outside