Expert Analysis

• 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.

• Indivior Ruling May Affect Rebate Wall Litigation

  

  A New Jersey federal court's recent decision in Indivior v. Alvogen, in which a claim that an alleged rebate wall anti-competitively blocked generic competition survived summary judgment, may provide a blueprint for successfully challenging other drug rebating practices, say Peter Herrick and Monsura Sirajee at O'Melveny.

• Rebuttal

  Calif. PAGA Ruling Not A Total Loss For Employer Arbitration

  

  Contrary to the conclusion reached in a recent Law360 guest article, the California Supreme Court’s ruling in Adolph v. Uber Technologies did not diminish the benefit of arbitrating employees’ individual Private Attorneys General Act claims, as the very limited ruling does not undermine U.S. Supreme Court precedent, says Steven Katz at Constangy.

• The Hurdles Of Class Noticing In Crypto Class Actions

  

  Amid the growing number of cryptocurrency-related class action lawsuits, there are challenges relating to notifying potential class members, as the methods for traditional class actions may not work in these cases, say Loree Kovach and Nicholas Schmidt at Epiq.

• Perspectives

  Mallory Gives Plaintiffs A Better Shot At Justice

  

  Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.

• And Now A Word From The Panel: 55 Years Of The JPML

  

  As the Judicial Panel on Multidistrict Litigation marks its 55th birthday, Alan Rothman at Sidley looks back at its history and finds that, while some features of MDL jurisprudence have changed over the decades, the most remarkable aspect of the panel's practice has been its consistency.

• FLSA Collective Actions: Are Courts Still Dancing The 2-Step?

  

  In the absence of amendments to the Fair Labor Standards Act, courts have filled in some of the statute's gaps and established a two-step framework for conditional certification of a class, but recent rulings show signs that courts are ready to hold party plaintiffs to a higher standard if they want to recruit others to join their lawsuits, says Allison Powers at Barack Ferrazzano.

• The Case For Quantifying The Impact Of 'Dark Patterns'

  

  Recent lawsuits alleging that Amazon and Audible used so-called dark patterns to deceive customers show that federal agencies and consumers are actively challenging such conduct, and quantifying its impact on purchase decisions is an important step toward using an evidence-based approach for determining the appropriate level of deterrence, say economists at Brattle.

• Calif. PAGA Ruling Devalues Arbitration For Employers

  

  The California Supreme Court’s recent opinion in Adolph v. Uber may lessen employers' appetites for arbitration under the state’s Private Attorneys General Act, because arbitrating an allegedly aggrieved employee’s individual claims is unlikely to dispose of their nonindividual claims, say attorneys at Greenberg Traurig.