News & Insights

WHAT EMPLOYERS SHOULD KNOW ABOUT THE EEOC’S WITHDRAW OF LONGSTANDING AFFIRMATIVE ACTION GUIDANCE

Posted on August 3, 2026

The U.S. Equal Employment Opportunity Commission (“EEOC”) recently took a significant step that may affect how employers evaluate affirmative action and diversity-related employment practices. On June 30, 2026, the EEOC voted to rescind two longstanding guidance documents that had provided employers with the agency’s interpretation of when voluntary affirmative action plans could comply with Title…
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SCOTUS RECONCILES CIRCUIT SPLIT SURROUNDING SEC DISGORGEMENT ACTIONS AND EVIDENCE OF INVESTOR LOSSES

Posted on August 3, 2026

On June 4, 2026, the Supreme Court of the United States released its unanimous opinion in the case Sripetch v. SEC, 146 S. Ct. 1403 (2026). The Court granted certiorari to address a widening division among the Circuit Courts of Appeals as to whether the SEC must demonstrate evidence of investor losses when seeking enforcement…
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GEORGIA COURT OF APPEALS HOLDS THAT AN ENGINEERING FIRM’S COORDINATION ROLE CAN CREATE A DUTY OF CARE TO ANOTHER CONTRACTOR’S WORKERS

Posted on August 3, 2026

In Milling v. Burns & McDonnell Engineering Co., the Georgia Court of Appeals revived an injured worker’s negligence suit against an engineering firm, Burns & McDonnell Engineering Co. (“BME”), reversing summary judgment entered in the BME’s favor. The Court held an engineer performing program-management and coordination work owes a common-law duty of ordinary care to…
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IN FLORIDA, THE CLAIM SPLITTING DEFENSE MUST BE RAISED AS AN AFFIRMATIVE DEFENSE FOR ACTIONS INVOLVING CONSTRUCTION DEFECTS OR THE DEFENSE IS DEEMED WAIVED

Posted on August 3, 2026

In 951 Harbor Drive, LLC v. SD Construction, LLC, the homeowner, 951 Harbor Drive, LLC (“Plaintiff”) appealed an order of the Judicial Circuit Court of Florida which granted SD Construction, LLC, the general contractor’s (“Defendant”), Motion for Summary Judgment. 951 Harbor Drive, LLC v. SD Constr., LLC, 394 So. 3d 690 (Fla. 3d DCA 2024)….
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SUPREME COURT HOLDS FIFRA PREEMPTS STATE FAILURE-TO-WARN CLAIMS

Posted on August 3, 2026

On June 25, 2026, the U.S. Supreme Court issued a significant decision affecting pesticide manufacturers and product liability litigation nationwide, ruling 7-2 that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts state-law failure-to-warn claims that challenge EPA-approved pesticide labels. The decision, authored by Justice Kavanaugh, resolves a circuit split and is expected to significantly…
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AI HALLUCINATIONS AND LEGAL MALPRACTICE: ACCOUNTABILITY MATTERS

Posted on August 3, 2026

The rapid adoption of generative artificial intelligence (AI) by attorneys has transformed legal research and drafting, but it has also introduced new professional liability risks. Since 2023, several courts have sanctioned attorneys who filed briefs containing fictitious judicial opinions or inaccurate legal citations generated by AI. Although these decisions have focused primarily on attorneys’ ethical…
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NINTH CIRCUIT VACATES TSCA FLOURIDE RULING AFTER FINDING DISTRICT COURT “COMMANDEERED” THE CASE

Posted on July 1, 2026

In an unpublished opinion, Food & Water Watch; et al. v. United States Environmental Protection Agency, No. 25-384 (9th Cir. May 21, 2026), the Ninth Circuit vacated and remanded a district court ruling that had found the addition of fluoride to drinking water at 0.7 mg/L presents an unreasonable risk to human health under the…
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ELEVENTH CIRCUIT CLARIFIES ROLES OF “CONVINCING MOSAIC” STANDARD AND PRETEXT WHILE DENYING DISCRIMINATION CLAIMS

Posted on July 1, 2026

On April 29, 2026, the United States Court of Appeals for the Eleventh Circuit held that a plaintiff alleging disability and age discrimination against her former employer failed to provide evidence tending to show that her employer’s reasons for terminating her were pretextual. This affirmed the ruling dismissing her claims from the United States District…
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THE ELEVENTH CIRCUIT ISSUES REMINDER OF THE LIMITS ON APPELLATE JURISDICTION

Posted on July 1, 2026

Recently, the United States Court of Appeals for the Eleventh Circuit issued a reminder of the limits of the jurisdictional power granted to courts of appeal. Northfield Ins. Co. v. N. Brook Indus., Inc., No. 24-13333, 2026 WL 1453206, — F.4th —- (11th Cir. May 22, 2026). An alleged sex trafficking victim filed a lawsuit…
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FLORIDA APPELLATE COURT HOLDING REINFORCES IMPORTANCE OF REFERENCING ARBITRATION IN BOND LANGUAGE

Posted on July 1, 2026

In Anderson Serv. Corp. v. Old Republic Sur. Co., the District Court of Appeal for the Fourth District of Florida reversed a trial court’s order compelling arbitration, finding that a surety could not compel arbitration because no arbitration agreement existed between the surety and subcontractor. Andersen Service Corporation (“Anderson”) entered into a subcontract with nonparty…
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WHAT EMPLOYERS SHOULD KNOW ABOUT THE EEOC’S WITHDRAW OF LONGSTANDING AFFIRMATIVE ACTION GUIDANCE

SCOTUS RECONCILES CIRCUIT SPLIT SURROUNDING SEC DISGORGEMENT ACTIONS AND EVIDENCE OF INVESTOR LOSSES

GEORGIA COURT OF APPEALS HOLDS THAT AN ENGINEERING FIRM’S COORDINATION ROLE CAN CREATE A DUTY OF CARE TO ANOTHER CONTRACTOR’S WORKERS

IN FLORIDA, THE CLAIM SPLITTING DEFENSE MUST BE RAISED AS AN AFFIRMATIVE DEFENSE FOR ACTIONS INVOLVING CONSTRUCTION DEFECTS OR THE DEFENSE IS DEEMED WAIVED

SUPREME COURT HOLDS FIFRA PREEMPTS STATE FAILURE-TO-WARN CLAIMS

AI HALLUCINATIONS AND LEGAL MALPRACTICE: ACCOUNTABILITY MATTERS

NINTH CIRCUIT VACATES TSCA FLOURIDE RULING AFTER FINDING DISTRICT COURT “COMMANDEERED” THE CASE

ELEVENTH CIRCUIT CLARIFIES ROLES OF “CONVINCING MOSAIC” STANDARD AND PRETEXT WHILE DENYING DISCRIMINATION CLAIMS

THE ELEVENTH CIRCUIT ISSUES REMINDER OF THE LIMITS ON APPELLATE JURISDICTION

FLORIDA APPELLATE COURT HOLDING REINFORCES IMPORTANCE OF REFERENCING ARBITRATION IN BOND LANGUAGE

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