Expert Analysis

• Caregiver Flexibility Is Crucial For Atty Engagement, Retention

  

  As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.

• Can Class Actions Guide AI Risk Mitigation Efforts?

  

  The speed at which artificial intelligence is developing will likely outpace the legislative response, and two recently filed class actions naming OpenAI as a defendant raise the question of whether existing laws may be used to place some meaningful guardrails on the development of AI, says Thomas Carey at Sunstein.

• How A Union Fight Played A Key Role In Yellow's Bankruptcy

  

  Finger-pointing between company and union representatives appears to be front and center at the early stages of trucking company Yellow’s bankruptcy case, highlighting the failed contract negotiations' role in the company's demise, says George Singer at Holland & Hart.

• Ruling Affirms Drillers' Right To Choose Methods In Colo.

  

  In the wake of the Tenth Circuit's decision in Bay v. Anadarko E&P Onshore, a bellwether trespass case, oil and gas operators can breathe easy knowing that Colorado landowners cannot dictate their method of drilling — even in the face of more reasonable alternatives, say Lauren Varnado and Jessica Pharis at Michelman & Robinson.

• In-Office Engagement Is Essential To Associate Development

  

  As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.

• Data Breach Rulings Stress Duty For Protecting Worker Data

  

  Two recent rulings from the Eleventh Circuit have restricted employers' ability to defend class action claims stemming from data breaches that target employees' personal information, highlighting the importance of cybersecurity measures that acknowledge a heightened obligation to protect workers’ data, say attorneys at Polsinelli.

• Pointers For Tackling Antitrust Class Action Set-Aside Orders

  

  As federal district courts have increasingly been willing to enter set-aside orders for the benefit of class counsel, varying rulings have made the propriety of such orders in antitrust class actions a thorny issue — so attorneys should time their filings strategically and explore opportunities for cost-sharing, say William Reiss and Laura Song at Robins Kaplan.

• Perspectives

  A Judge's Pitch To Revive The Jury Trial

  

  Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.

• How To Recognize And Recover From Lawyer Loneliness

  

  Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.

• Opinion

  Litigation Funding Disclosure Should Be Mandatory

  

  Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.

• Recalling USWNT's Legal PR Playbook Amid World Cup Bid

  

  As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

• Mootness Fees Are Losing Traction In Del. And Federal Courts

  

  The Delaware Chancery's recent decision in Anderson v. Magellan Health deals a significant blow to plaintiffs attorneys seeking mootness fees for merger litigation brought in that state, and federal courts are trending in the same direction, say Paul Marino and Michael Fialkoff at Day Pitney.

• Regulating AI: Litigation Questions And State Efforts To Watch

  

  In view of the developing legal and regulatory framework for artificial intelligence systems in the U.S., including state legislation and early federal litigation, there are practical takeaways as we look toward the future, says Jennifer Maisel at Rothwell Figg.

• Who Owns Crypto Assets? Know The Bankruptcy Risks

  

  Amid a wave of recent crypto custodian Chapter 11 filings, the legal character of customer deposits give rise to a deluge of questions, because in the absence of a concrete regulatory regime, the terms and conditions are likely going to be how the court determines legal rights, says Heidi Hockberger at Levenfeld Pearlstein.

• Tools To Fight Delay From Arbitrability Appeals After Coinbase

  

  The U.S. Supreme Court's recent Coinbase v. Bielski decision mentioned a series of procedural tools litigants facing an automatic stay due to a Section 16(a) appeal can use to mitigate resulting harms and costs from the delay, and counsel should weigh the potential benefits and risks of these options, say Glenn Chappell and Spencer Hughes at Tycko & Zavareei.