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Recent decisions addressing client-litigants’ use of large language model AI tools reveal an emerging, fact-sensitive split over whether AI prompts, outputs, and related communications are protected from discovery. The split illustrates the practical risk for business clients already in litigation or arbitration: independent use of consumer AI tools may turn private research, timeline-building, discovery drafting, or strategy-testing into discoverable material rather than protected attorney-client communication or work product. That risk increases when a client inputs confidential facts, counsel’s advice, legal theories, witness information, or settlement considerations into tools whose terms and data practices may not preserve confidentiality.

On July 23, 2026, the U.S. Department of Labor's Employee Benefits Security Administration ("EBSA") published a proposed rule (the "Proposed Rule") that would create a new, additional safe harbor for group health plan administrators to furnish participant and beneficiary disclosures electronically by default, using a "notice-and-access" model. If finalized, the Proposed Rule would extend to group health plans much of the framework adopted for pension benefit plans in 2020. (29 CFR § 2520.104b-31)

Disability accommodation claims have long been among the most common workplace discrimination claims, but the recent increase has been unusually sharp. One major driver is telework as a requested reasonable accommodation. For employers managing return-to-office expectations, the practical question is whether there are lawful ways to evaluate, limit, modify, or deny telework requests when appropriate. Recent EEOC guidance says yes—provided employers focus on the individualized ADA analysis and the interactive process.

A recent published opinion from the Michigan Court of Appeals underscores the need for municipalities and other public bodies to ensure that their public participation policies comply with the Persons with Disabilities Civil Rights Act (PWDCRA) and provide meaningful access for individuals with disabilities.

Title VII of the Civil Rights Act of 1964 requires employers to accommodate the religious practices of their employees unless doing so would impose an “undue hardship on the conduct of the employer’s business.” Based on one sentence from a 1977 U.S. Supreme Court opinion, federal courts previously interpreted “undue hardship” to mean any effort or cost that is more than “de minimis,” a relatively employer-friendly standard. That standard changed in 2023, however, with Groff v. DeJoy, where Justice Alito delivered the court’s unanimous opinion and clarified “what Title VII requires” when evaluating a religious accommodation request.

Bodman’s John David Gardiner authored an article in The Complete Compliance and Ethics Manual 2026, a publication of the Society of Corporate Compliance and Ethics (SCCE). The article shares tips and tricks for maintaining a proper due diligence process when hiring or…

In collaboration with the Center for Health and Research Transformation and Camden Coalition, Bodman’s Jennifer Black co-authored a brief for the Partnership to Align Social Care’s Community Care Hub Contracting Workgroup. The brief focuses on helping your team analyze and…

Bodman’s Grant Semonin authored an article in the Summer 2025 edition of The Litigation Journal, a State Bar of Michigan publication. The article discusses the Michigan Supreme Court case, Saugatuck Dunes Coastal Alliance v Saugatuck Twp, and the changes to the…

On July 31, the final day of the Michigan Supreme Court’s term, the court ruled that contracts that require employees to waive the normal statute of limitations for claims arising from their employment in favor of a shorter time frame are…

Bodman’s Michelle Czapski and Sinéad Redmond authored an article in the fourth edition of the Introduce Evidence with Confidence, an ICLE publication. With this book, readers will: Quickly find the relevant rules and controlling caselaw on dozens of rules of…

Bodman’s John David Gardiner authored an article in The Complete Compliance and Ethics Manual 2026, a publication of the Society of Corporate Compliance and Ethics (SCCE). The article shares tips and tricks for maintaining a proper due diligence process when hiring or…

In collaboration with the Center for Health and Research Transformation and Camden Coalition, Bodman’s Jennifer Black co-authored a brief for the Partnership to Align Social Care’s Community Care Hub Contracting Workgroup. The brief focuses on helping your team analyze and…

Bodman’s Grant Semonin authored an article in the Summer 2025 edition of The Litigation Journal, a State Bar of Michigan publication. The article discusses the Michigan Supreme Court case, Saugatuck Dunes Coastal Alliance v Saugatuck Twp, and the changes to the…

On July 31, the final day of the Michigan Supreme Court’s term, the court ruled that contracts that require employees to waive the normal statute of limitations for claims arising from their employment in favor of a shorter time frame are…

Bodman’s Michelle Czapski and Sinéad Redmond authored an article in the fourth edition of the Introduce Evidence with Confidence, an ICLE publication. With this book, readers will: Quickly find the relevant rules and controlling caselaw on dozens of rules of…