In the News
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The Final Denver Broncos Right of First Refusal Case (ROFR): A Masterclass in Complex Trust Litigation and Media Management
When the Denver Broncos transitioned ownership following Pat Bowlen’s death, it triggered an intriguing intersection of complex trust law, fiduciary duties, and media scrutiny. The legal battles over the team’s sale and the Right of First Refusal (ROFR) alleged to be enforceable by a Kaiser family trust offered valuable lessons for liti…
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U.S. Healthcare in OBBBA: A Patchwork of Big Changes
The One Big Beautiful Bill Act (OBBBA or the Act) contains only 118 references to healthcare, a surprisingly small number given its numerous proposals for changes to the U.S. healthcare system. The provisions are broad in scope and largely unrelated to one another, resembling a compilation of disparate policy ideas. I. Medicaid: New Rules, New Limi…
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One Big Beautiful Bill – What Employers Need to Know
On July 4, 2025, President Donald Trump signed “One Big Beautiful Bill” (that is its actual name) into law. This budget reconciliation legislation includes several provisions that employers should know about. We are providing this brief, employer-focused summary for those who don’t want to read the bill’s nearly 900 pages.…
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Artificial Intelligence Risk for Employers – The Tin Man Prompts Class Action Lawsuits (Lions and Tigers and Bears, Oh My!)
Is the Tin Man more dangerous than the Lion? After all, he didn’t have a heart. AI doesn’t have a heart either. Be warned: If AI HR software is improperly built, tested, or deployed, employee advocates assert that there is grave harm to employees, which can translate to substantial damages and attorney’s fees. In fact, in Ma…
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California’s Recent and Pending AI Laws Affecting Employers: Will the Federal Government Preempt California’s Laws?
The Biden administration put in place civil rights guardrails on AI, which included a Blueprint for AI Bill of Rights and an EEOC technical assistance manual that confirmed that long-standing legal principles under Title VII would apply when employers use AI in employment-related actions. Now, neither can be found hosted on federal government websi…
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A New Storm for Employers May Be Forming in the California Sunshine: Preliminary Certification of Collective Action Against Human Resource AI Software Provider
Mobley v Workday, Inc., N.D. Cal Case No. Case No. 23-cv-00770-RFL (May 2025) On May 16, 2025, the Hon. Rita Lin of the Northern District of California granted a workers’ preliminary certification motion of a collective action against Workday, Inc., an AI human resource software provider. Plaintiffs’ theories of liability included claims …
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