CONTENT CENTER

Board Member Competencies for the AI World
Build Your Team, Articles, Podcast, Grow Your Company Guest Contributor Build Your Team, Articles, Podcast, Grow Your Company Guest Contributor

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.

Read More
The Hidden Risks of AI Note-taking
Articles, Build Your Team, Videos, Form a Company Guest Contributor Articles, Build Your Team, Videos, Form a Company Guest Contributor

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.

Read More
California’s AI-in-the-Workplace Legislative Blitz: California Legislature Passes Four New Bills That May Affect Employers
Articles, Build Your Team Guest Contributor Articles, Build Your Team Guest Contributor

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.

Read More
New York Enacts Law Significantly Expanding Employee Access to Personnel Files
Articles, Build Your Team Guest Contributor Articles, Build Your Team Guest Contributor

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.

Read More
Mintz On Air: Practical Policies — Trust, Tone, and Trade-Offs: Negotiating Contracts in the AI Age
Articles, Podcast, Build Your Team Guest Contributor Articles, Podcast, Build Your Team Guest Contributor

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.

Read More
Mintz On Air: Practical Policies — The Risks of AI Prompt Injections in the Workplace

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.

Read More
Mintz On Air: Practical Policies — Taking Your Candidates to the Vet

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.

Read More
Two New Non-Compete Laws Take Effect in Virginia and Tennessee

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.

Read More
Mintz On Air: Practical Policies — Real vs. Robot: Bots in the Boardroom

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.

Read More
Stock Vesting in Startup Companies
Form a Company, Articles, Build Your Team Alex Civetta Form a Company, Articles, Build Your Team Alex Civetta

Stock Vesting in Startup Companies

Why “Vesting?”

Building a company from the ground up is a risky (but hopefully rewarding) endeavor for founders. In exchange for the founders’ efforts and devotion to the success of the company, the founders take a significant equity stake in the company, with the expectation that the value of these shares will grow substantially as the company grows.  However, where there are multiple founders involved, each founder will want to ensure that their co-founder(s) are incentivized to stay with the business and work hard to make it successful, rather than holding on to a large equity stake and relying on the other founders to put in the lion’s share of the work needed to grow the business.  To address this concern, the initial grant of shares to each founder is often made subject to “vesting,” which links a founder’s right to keep such shares (or some portion thereof) to their continued service with the company.

Read More
Checklist for Foreign Companies Expanding into the US
Articles, Build Your Team, Form a Company Grace Adebogun Articles, Build Your Team, Form a Company Grace Adebogun

Checklist for Foreign Companies Expanding into the US

You’re a foreign company looking to set up shop in the United States. You have weighed the pros and cons of expanding your business into the United States, confirmed the compatibility of any products or services you offer with the US market, and have a team ready to expand your business in the United States. All you need now is to make sure you have checked all the legal and regulatory boxes. We’ll walk you through those boxes, like choosing a business structure, navigating laws and regulations concerning immigration, employment, and taxes, securing funding and real estate, and more. With smart planning and preparation, your company can thrive on this side of the pond.

Read More
After Months of Uncertainty, a Federal Court Has Blocked the FTC’s Non-Compete Rule on a Nationwide Basis
Build Your Team, Articles Grace Adebogun Build Your Team, Articles Grace Adebogun

After Months of Uncertainty, a Federal Court Has Blocked the FTC’s Non-Compete Rule on a Nationwide Basis

Barring any intervening appellate activity, the FTC’s rule will no longer go into effect on September 4, 2024 (the original effective date), employers will not be required to void employees’ existing non-competes covered by the rule, and employers are no longer required to send employees notices regarding the status of any non-competes. 

Read More
In Split Vote, FTC Approves Controversial Final Rule Banning Most Post-Employment Non-Competes; Rule Already Subject to Challenge in Court
Build Your Team, Articles Guest User Build Your Team, Articles Guest User

In Split Vote, FTC Approves Controversial Final Rule Banning Most Post-Employment Non-Competes; Rule Already Subject to Challenge in Court

On April 23, 2024, by a 3-2 margin, the FTC voted to finalize its controversial non-compete rule, which, generally, will prohibit businesses from entering into non-compete agreements with nearly all workers across the U.S. going forward and invalidate the existing non-competes of nearly 30 million workers.

Read More
Section 409A Valuations: Mastering the Art and Science in a Volatile Venture Market
Articles, Build Your Team Dinesh Melwani Articles, Build Your Team Dinesh Melwani

Section 409A Valuations: Mastering the Art and Science in a Volatile Venture Market

Within the unpredictable landscape of start-ups and private companies, market volatility can significantly alter a company’s financial trajectory. An integral part of navigating this volatility is understanding the role and function of Section 409A[1] valuations. These valuations, which play a critical role in the financial and tax planning strategies of organizations, serve as an independent measure of a company’s common stock value. In this article, we explore the intricacies of Section 409A valuations, focusing on their importance, timing, and methodologies, and offer strategies for engaging with third-party firms to achieve a valuation that most closely aligns with your company’s worth.

Read More
Board Warns Employers to Pare Back Overbroad Non-Disparagement and Confidentiality Provisions in Severance Agreements
Articles, Build Your Team Guest Contributor Articles, Build Your Team Guest Contributor

Board Warns Employers to Pare Back Overbroad Non-Disparagement and Confidentiality Provisions in Severance Agreements

Severance agreements offered to non-supervisory employees that include broad-based non-disparagement and confidentiality provisions are unlawful according to the National Labor Relations Board. The Board’s decision in McLaren Macomb, 372 NLRB No. 58 (Feb. 21, 2023), reverses Trump administration era Board decisions on this issue, and if upheld, may have far reaching consequences for both unionized and non-unionized workplaces.

Read More
From the Edge - In the Boardroom: Special Edition - Lessons from Theranos
Podcast, Build Your Team Guest User Podcast, Build Your Team Guest User

From the Edge - In the Boardroom: Special Edition - Lessons from Theranos

Our In the Boardroom: Practical Advice and Guidance podcast series features insights from Mintz Members Steve Osborn, Melanie Levy, and Tom Burton on a wide variety of topics specific to boards. With the conviction and 11-year sentence for former CEO Elizabeth Holmes, the team looks at the lessons to be learned from Theranos. The team discusses (1) the importance of open communication between board members and executives, (2) fostering a culture of compliance, and (3) tips for picking up on the early-warning signs.

Read More
Restricted Stock Units Unpacked
Articles, Build Your Team Guest Contributor Articles, Build Your Team Guest Contributor

Restricted Stock Units Unpacked

By Jacob Neumark

For many startup companies, compensating directors, officers, and employees can pose quite the challenge. While startup companies want to lure top talent, and incentivize workplace continuity and employee buy-in, they are often stressed for capital, and need to keep overhead costs low. One common approach to balancing these interests is for companies to offer restricted stock units (“RSUs,”) to their directors, officers, and employees as a form of compensation.

Read More

Sort by Topic:

Form a Company

Form a Company

Raise Capital

Build Your Team

Build Your Team

Protect Your Idea

Protect Your Idea and Data

Grow Your Company

Exits

Exits

View our full collection of blogs from Mintz by topic