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Articles by Kahlil Epps
Is This Real? Navigating AI Impersonation Under New And Existing Laws
Wiley Rein are most popular: with readers working within the Insurance industries Is this AI-generated, or is it real? As generative AI tools have become increasingly capable of creating realistic images, videos, and audio, they have also made it easier to impersonate real people without their consent.
AI in Hiring: Evolving Legal Risks Under State and Federal Law
Employers are increasingly integrating artificial intelligence (AI) into the hiring process, deploying AI hiring tools across multiple stages of the employment funnel, including to manage application volume.
FTC and DOJ Signal Expanded Antitrust Scrutiny of DEI, ESG, and "Viewpoint Competition" Initiatives
Federal Trade Commission (FTC) Chairman Andrew N. Ferguson issued warning letters to 42 U.S. law firms on January 30, 2026, regarding potentially unfair and anticompetitive employment practices tied to diversity, equity, and inclusion (DEI) hiring...
DOJ Clarifies Administration’s Stance on What Constitutes “Illegal DEI” | JD Supra
On July 29, 2025, the U.S. Department of Justice (DOJ) released a memorandum titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination” (the Memorandum) that provides clarity on what the Administration will view as “illegal DEI” and how enforcement actions under the False Claims Act; Title VI and Title VII of the Civil Rights Act of 1964; Title IX of the Education Amendments of 1972; and the Equal Protection Clause of the Fourteenth Amendment to the U.S....
Why Trade Cases May Put Maple Leaf Deference On Review
Tariffs have taken center stage in the president's trade agenda during the first few months of the second Trump administration.
EEOC & DOJ Issue Guidance to Workers on Discrimination Related to DEI Programs
On March 19, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ), jointly issued technical assistance documents “focused on educating the public about unlawful discrimination related to ‘diversity, equity, and inclusion’ (DEI) in the workplace.” The first document, issued jointly by the DOJ and EEOC, entitled What To Do If You Experience Discrimination Related to DEI at Work, encourages individuals to file charges of discrimination with the EEOC if...
EEOC & DOJ Issue Guidance To Workers On Discrimination Related To DEI Programs
On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ), jointly issued technical assistance documents "focused on educating the public about unlawful discrimination related to 'diversity, equity, and inclusion' (DEI) in the workplace." The first document, issued jointly by the DOJ and EEOC, entitled What To Do If You Experience Discrimination Related to DEI at Work, encourages individuals to file charges of discrimination with the...
EEOC & DOJ Issue Guidance to Workers on Discrimination Related to DEI Programs | JD Supra
On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ), jointly issued technical assistance documents “focused on educating the public about unlawful discrimination related to ‘diversity, equity, and inclusion’ (DEI) in the workplace.” The first document, issued jointly by the DOJ and EEOC, entitled What To Do If You Experience Discrimination Related to DEI at Work, encourages individuals to file charges of discrimination with the...
FTC Announces New Labor Market Task Force and Prioritizes Worker Protections | JD Supra
On February 26, 2025, Federal Trade Commission (FTC) Chairman Andrew Ferguson issued a memorandum directing the FTC to form a Joint Labor Task Force to prioritize efforts to combat deceptive, unfair, and anti-competitive practices that adversely affect American workers. The directive identifies a range of employment-related practices that the FTC Task Force will scrutinize in the new Administration.
DOJ Announces Larger FCA Recoveries And More Whistleblower Cases Filed In 2024
On January 15, 2025, the U.S. Department of Justice (DOJ) announced $2.9 billion in total False Claims Act (FCA) recoveries for FY 2024, a slight increase from 2023. In addition to growing recoveries, DOJ announced a new record number of qui tam cases filed. At the same time, original actions fell short of 2023's record, as the Biden Administration prepares to hand over the FCA enforcement reins.
DOJ Announces Larger FCA Recoveries and More Whistleblower Cases Filed in 2024 | JD Supra
On January 15, 2025, the U.S. Department of Justice (DOJ) announced $2.9 billion in total False Claims Act (FCA) recoveries for FY 2024, a slight increase from 2023. In addition to growing recoveries, DOJ announced a new record number of qui tam cases filed. At the same time, original actions fell short of 2023’s record, as the Biden Administration prepares to hand over the FCA enforcement reins.
Loper Bright’s Potential Effects on “Chevron-Like” Deference Doctrines | JD Supra
On June 28, 2024, the U.S. Supreme Court sent shockwaves across the administrative law landscape when it handed down Loper Bright Enterprises v. Raimondo, overruling the 40-year-old Chevron doctrine and its two-step framework that required courts to defer to agency interpretations of ambiguous statutes.[1] Loper Bright’s shockwaves are bound to be felt for years to come, and the lower federal courts are already beginning to develop the contours of a post-Loper-Bright world.
FTC Proposes New Rule to Broadly Ban Non-Compete Agreements | JD Supra
Overview On January 5, 2023, the Federal Trade Commission (FTC or Commission) released a Notice of Proposed Rulemaking (NPRM) that seeks to ban employers from imposing or enforcing non-compete clauses on workers. The FTC’s proposed rule would functionally serve as a complete ban on non-compete clauses and contractual provisions or employment policies that have a similar effect. The NPRM invites stakeholders to comment and provide input on the proposed ban and potential alternatives.
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