April 2026

When Past Misconduct Surfaces After Termination: After-Acquired Cause When an employer terminates an employee without cause and puts a compensation package on the table, the offer tends to feel final. The offered package itself appears to settle the question of cause. It is natural to assume that if grounds for termination existed, surely the employer...Read More

Why Defendants Left Out of a Settlement May Remain on the Hook When a lawsuit is between a plaintiff and multiple defendants, litigation can get especially complicated, meaning parties are incentivized to settle before trial. One or more defendants settling early can make the proceedings simpler for the remaining parties. But the defendants left to...Read More

Where Privilege Ends: The Line Between Communications and Facts When clients believe that their communications with legal counsel may become relevant in litigation, a natural instinct is to assume that these communications are automatically protected by solicitor-client privilege. Likewise, counsel can be tempted by the same instinct to assert privilege broadly for their communications with...Read More

Mitigation and Accommodation in the Modern Workplace The realm of employment law continues to change rapidly, especially after the upheaval caused by the COVID-19 pandemic. Employers are facing uncertainty regarding how to implement a return-to-office mandate (see our previous article for more on that topic). Recent jurisprudence provides guidance on where employers might be liable...Read More