Articles

Algorithmic accountability: AI-X team at Faegre Drinker providing legal guidance in new area of law

Scott Kosnoff and his Faegre Drinker Biddle & Reath colleague Bennett Borden in Washington, D.C., are co-leading a new initiative at the firm to guide and counsel businesses that use algorithms to enhance their operations or market their products. Dubbed the Artificial Intelligence and Algorithmic Decision-Making Team, or AI-X for short, the new group is bringing data scientists from Faegre Drinker’s wholly-owned consulting subsidiary, Tritura, together with the firm’s attorneys from different practice areas.

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Guest column: Potential antitrust implications of noncompete agreements

Noncompete agreements generally are treated the same whether analyzed under state law or antitrust principles. However, limited instances exist in which antitrust laws may be more restrictive than state noncompete laws are. Businesses with high market shares in their geographic and product markets should take special caution to ensure their restrictive covenants do not unlawfully restrain competition.

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Kelln and Harrell: Could Title VI force change in IN enviro policies?

Conceptually, environmental justice is the “fair treatment and meaningful involvement of all people regardless of race, color, national origin or income, with respect to the development, implementation and enforcement of environmental laws, regulations and policies.” The concept of environmental justice is not new, but came to the forefront during the Obama administration in the aftermath of the Flint, Michigan, lead-contaminated drinking water crisis. However, environmental justice never became a coherent strategy and was overshadowed by significant rulemakings around climate change. That has changed in the first year of the Biden administration.

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Boshkoff: Preliminary and postliminary activities under the FLSA

In March, the 7th Circuit ruled that members of the Chicago Police Department’s Special Weapons and Tactics Unit were not entitled to minimum wage or overtime compensation for off-duty time they spent storing their rifles and gear in their homes. The ruling provides clarification of preliminary and postliminary work activities and the “continuous workday rule” under the Fair Labor Standards Act.

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