Resources

Federal courts’ strong presumption in favor of arbitration under the Federal Arbitration Act has long enabled employers to bind most prospective claims by their employees to mandatory arbitration. A legislative caveat to this approach was enacted in 2021 in the form of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA). A question arises as to whether the EFAA allows an employee to choose judicial litigation over arbitration for the entire case when the case involves multiple claims, only one of which is based on sexual harassment. The Sixth Circuit Court of Appeals answered that question in the affirmative.

A recent Ontario decision confirms that U.S. companies can be sued in Canada for infringement of Canadian intellectual property, even when servers, employees, and corporate headquarters are located outside the country. If a company’s services or products impact Canadian intellectual property or Canadian users, then Canadian courts may assert jurisdiction. The decision shows that Canadian courts are increasingly ready to hold foreign companies accountable for activity that impacts Canadian rights and interests.

On February 27, 2026, newly appointed National Labor Relations Board (NLRB) General Counsel Crystal S. Carey issued Memorandum GC 26-03, providing updated case handling guidance to regional offices nationwide. The memorandum is an early and consequential signal of how the new General Counsel intends to prioritize case processing to address the significant case back log created by the instructions of the prior General Counsel and recent government shutdowns. Employers and HR professionals should take note: the enforcement posture the NLRB has materially changed, and the practical implications are significant.

Arbitration clauses sometimes state that the parties waive their right to appeal. But a recent decision from the United States Court of Appeals for the Second Circuit underscores the importance of specifying exactly which appeal rights are waived.

The recent conviction of a construction company’s senior officer demonstrates that liability under the Occupational Health and Safety Act (“OHSA”) is not limited to corporations. Supervisors have a personal duty to “take every precaution reasonable in the circumstances,” and failures in oversight—even omissions rather than active misconduct—can result in significant penalties.

Within a 24-hour period on February 20, 2026, the U.S. Supreme Court struck down the “IEEPA tariffs” as unlawful, the president issued a proclamation imposing new global tariffs of 10% (which he later said would be increased to 15%), and the administration stated it was initiating several new Section 301 investigations, signaling additional tariffs in the near future.

A bankruptcy debtor in Michigan may choose whether to use the exemptions provided under either federal or state law to “exempt” out a certain amount of property from the bankruptcy estate and use it for a fresh start. Every three years on April 1, the dollar amounts in the federal Bankruptcy Code are adjusted to account for inflation. The federal dollar amounts last were increased on April 1, 2025, and are not slated for another increase until April 2028.

A putative class action has been filed in the Eastern District of Michigan alleging that commonplace website tracking and session replay tools violate both federal and Michigan wiretap and eavesdropping laws.

Michigan Governor Gretchen Whitmer signed House Bill 4141 and Senate Bill 495 into law, creating a statewide ban on student cellphone use in public schools during K–12 classroom instructional time beginning in the 2026–27 school year. While the law requires districts to ban use during class, it preserves local discretion outside instructional periods: districts may allow use of devices between classes or at lunch or adopt stricter full-day restrictions.

USCIS has announced that the initial registration period for the FY 2027 H-1B CAP lottery will run from 12:00 PM EST on March 4, 2026, through 12:00 PM EST on March 19, 2026. During this window, employers and authorized representatives must electronically register each beneficiary using a USCIS online organizational account and submit the required $215 registration fee per registrant.