Insights

July 24, 2023
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Constructing a Data Center: 2023 Update
Although there is a recent trend of employees returning to the office on a more regular basis, continued reliance on and demand for data centers that help support remote and hybrid work only appear to be increasing. For example: Gartner estimates cloud services will grow at least 20% throughout 2023 to a total spend of almost $600  billion. In our previous article regarding data center construction, we outlined some of the key construction and legal issues to consider in the planning and constructing of your data center. In this update, we will discuss new trends and considerations for both new and existing data center projects.
Using AI in Human Resources: Generative AI in the Workplace
This post is the third in a three-part series examining the use of artificial intelligence (AI) in Human Resources.  In Part I, we explored some of AI’s uses in the workplace and potential legal complications with the technology.
NLRB Restores Employee-Friendly Independent Contractor Test
On June 13, 2023, the National Labor Relations Board (NLRB) overruled the Trump-era decision that “entrepreneurial opportunity” is the animating principle of the test to determine whether a worker is an employee or independent contractor under the National Labor Relations Act (NLRA). In doing so, the NLRB restored the common-law “totality of the circumstances” test.
Non-Compete Agreements Come Under More Fire
On May 30, 2023, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memo advising NLRB regional directors that non-compete agreements generally infringe on employees’ rights under Section 7 of the National Labor Relations Act (NLRA).  As a result, employers should examine their existing restrictive covenant agreements for “Section 7” concerns and understand that such agreements may carry legal risk going forward.
Using AI in Human Resources: The Legal Landscape
This post is the second in a three-part series examining the use of AI in Human Resources.
Using AI in Human Resources: Benefits and Risks
This post is the first in a three-part series examining the use of AI in Human Resources.