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Board Member Competencies for the AI World
In this episode of Mintz On Air: Practical Policies, Jennifer Rubin and Ginny Johnson discuss how artificial intelligence is reshaping corporate governance and the competencies boards need to remain effective. The conversation explores modernizing board composition and director qualifications, addressing “toxic niceness” through candid board evaluations, aligning director recruitment and succession planning with long-term business strategy, and strengthening collaboration between boards and management to better oversee emerging risks and opportunities in an AI-driven environment.
The Hidden Risks of AI Note-taking
In this webinar, Jennifer B. Rubin and Emma Follansbee examine the growing use of AI-powered meeting assistants and automated note-taking tools in the workplace, highlighting the legal, compliance, and operational risks these technologies can create. The presenters discuss key considerations related to privacy, consent, attorney-client privilege, data security, and litigation exposure, as well as the distinctions between enterprise and third-party AI tools. They also offer practical guidance on developing policies, managing vendor relationships, and implementing responsible governance practices to help organizations mitigate the risks associated with AI-generated meeting records.
California’s AI-in-the-Workplace Legislative Blitz: California Legislature Passes Four New Bills That May Affect Employers
In this client alert, Jennifer B. Rubin and Brody Zaugg examine four California AI-related employment bills that could impose new obligations on employers using artificial intelligence and workplace monitoring technologies. The proposed legislation would regulate automated decision systems in employment decisions, require additional disclosures for AI-related workforce reductions, restrict the use of emotion-recognition and neural data technologies, and limit workplace surveillance practices. The authors outline the bills’ key requirements and offer practical guidance for employers preparing for increased oversight of AI-powered workplace tools.
New York Enacts Law Significantly Expanding Employee Access to Personnel Files
In this client alert, Michael S. Arnold, Corbin Carter, and Evan M. Piercey discuss New York’s newly enacted personnel records law, which takes effect on November 8, 2026, and expands employee rights regarding access to and correction of personnel files. The law requires employers to provide personnel records upon request, notify employees when certain negative information is added to their files, allow employees to respond to disputed information, and retain personnel records for three years after separation. The authors also outline key compliance considerations and practical steps employers should take before the law becomes effective.
Mintz On Air: Practical Policies — Trust, Tone, and Trade-Offs: Negotiating Contracts in the AI Age
In this episode of Mintz On Air: Practical Policies, Jen Rubin and Tali Tuchin discuss the growing role of AI in commercial contract negotiations, highlighting both its efficiencies and limitations. They explore how AI can streamline contract review, drafting, and issue spotting, while emphasizing that human judgment remains essential for assessing legal and business risk, navigating negotiation dynamics, building trust, and crafting practical solutions. The conversation offers guidance on using AI as a tool to enhance, rather than replace, the experience and judgment that drive successful negotiations.
Mintz On Air: Practical Policies — The Risks of AI Prompt Injections in the Workplace
AI prompt injections are an emerging workplace risk that can manipulate AI-driven hiring and decision-making systems using hidden instructions embedded in otherwise ordinary documents. In this Mintz On Air podcast, employment attorneys Jen Rubin and Kevin Kim discuss how candidates can game AI tools through prompt and data injections, the security and confidentiality risks posed by unauthorized AI use, and practical steps employers can take, including human oversight, employee training, vendor diligence, and stronger AI governance.
Mintz On Air: Practical Policies — Taking Your Candidates to the Vet
As candidate screening becomes more complex with the rise of AI-generated applications, deepfakes, and evolving background check regulations, employers must balance effective vetting with legal compliance. This article discusses common screening pitfalls, key requirements under federal, state, and local laws, and practical strategies for designing background check processes that mitigate hiring risks while ensuring fair and individualized candidate assessments.
Two New Non-Compete Laws Take Effect in Virginia and Tennessee
As states continue to expand restrictions on non-compete agreements, employers face an increasingly complex patchwork of compliance requirements. This article highlights new laws in Virginia and Tennessee that limit the enforceability of certain non-competes, introduce new employer obligations, and reflect a broader national trend toward tighter regulation of restrictive covenants. Employers, particularly those with multi-state workforces, should review existing agreements and policies to ensure compliance with evolving state laws.
Mintz On Air: Practical Policies — Real vs. Robot: Bots in the Boardroom
As artificial intelligence becomes more integrated into corporate decision-making, boards must balance the benefits of AI with their fiduciary obligations to shareholders. While AI can enhance efficiency, research, and strategic analysis, it cannot replace the human judgment, accountability, and oversight required of board members. This article explores the legal, governance, and confidentiality risks associated with AI in the boardroom and highlights practical considerations for developing policies that support responsible AI use.
New York City Bans Salary History Inquiries
By Alexander Song
In accordance with a new regulation that took effect on October 31st, 2017, New York City employers are now prohibited from inquiring about or relying on salary history during the hiring process.
Immigration Considerations for a Start-Up Company
By Susan Cohen
Important considerations include the type of incorporation, proof of funding, and the effect on existing operations of the start-up.
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