Expert Analysis

• In Arbitration, Consider The Influence Of State Laws

  

  A California appellate court's recent refusal, based in state law, to compel arbitration in Barraza v. Tesla illustrates the importance of understanding substantive and procedural differences between state arbitration law and the Federal Arbitration Act — and when those distinctions can alter case outcomes, says Richard Mason at MasonADR.

• Ghosting In BigLaw: Why Better Feedback Habits Are Needed

  

  Not giving assignments or constructive criticism to junior associates can significantly affect their performance and hours, potentially leading them to leave the firm, but partners can prevent this by asking the right questions and creating a culture of feedback, says Rachel Patterson at Orrick.

• Rebuttal

  Law Needs A Balance Between Humanism And Formalism

  

  A recent Law360 guest article rightly questions the pretextual pseudo-originalism that permits ideology to masquerade as judicial philosophy, but the cure would kill the patient because directness, simplicity and humanness are achievable without renouncing form or sacrificing stare decisis, says Vanessa Kubota at the Arizona Court of Appeals.

• Short Message Data Challenges In E-Discovery

  

  As short message platforms increasingly dominate work environments, lawyers face multiple programs, different communication styles and emoji in e-discovery, so they must consider new strategies to adapt their processes, says Cristin Traylor at Relativity.

• Big Oil Certiorari Denial May Alter Climate Change Litigation

  

  The U.S. Supreme Court's Monday decision not to review a handful of forum disputes in oil industry climate change litigation means that similar cases may face less corporate-friendly state courts, and insurers may see greater defense and damages exposures from Big Oil clients, say Dennis Anderson and Deepa Sutherland at Zelle.

• Opinion

  Thomas Report Is Final Straw — High Court Needs Ethics Code

  

  As a recent report on Justice Clarence Thomas' ongoing conflicts of interest makes evident, Supreme Court justices should be subject to an enforceable and binding code of ethics — like all other federal judges — to maintain the credibility of the institution, says Erica Salmon Byrne at Ethisphere.

• The Power Of Product Warranties In TM Suits Over Resales

  

  In recent cases, trademark owners have successfully used product warranty coverage as a material difference exception to defeat unauthorized resellers who claim they are protected by the first sale doctrine — but the application of the exception may be less clear than courts assume, say Leigh Taggart and David Roulo at Honigman.

• Joint Representation Ethics Lessons From Ga. Electors Case

  

  The Fulton County district attorney's recent motion to disqualify an attorney from representing her elector clients, claiming a nonconsentable conflict of interest, raises key questions about representing multiple clients related to the same conduct and highlights potential pitfalls, say Hilary Gerzhoy and Grace Wynn at HWG.

• Lawyer Discernment Is Critical In The World Of AI

  

  In light of growing practical concerns about risks and challenges posed by artificial intelligence, lawyers' experience with the skill of discernment will position them to help address new ethical and moral dilemmas and ensure that AI is developed and deployed in a way that benefits society as a whole, says Jennifer Gibbs at Zelle.

• Opinion

  8th Circ. Judge Is Right — Climate Suits Should Be Federal

  

  While the Eighth Circuit recently ruled that Minnesota v. American Petroleum Institute, a climate change lawsuit, belongs in state court, a concurring opinion from one judge on the panel offers a convincing argument that questions involving alleged climate liability can only be resolved at the federal level, says former Maine Attorney General Andrew Ketterer.

• Opinion

  It's Time For Lawyers To Stand Up For Climate Justice

  

  The anniversary this week of the Deepwater Horizon disaster offers an opportunity for attorneys to embrace the practice of just transition lawyering — leveraging our skills to support communities on the front lines of climate change and environmental catastrophe as they pursue rebuilding and transformation, says Amy Laura Cahn at Taproot Earth.

• Don't Forget Alumni Engagement When Merging Law Firms

  

  Neglecting law firm alumni programs after a merger can sever the deep connections attorneys have with their former firms, but by combining good data management and creating new opportunities to reconnect, firms can make every member in their expanded network of colleagues feel valued, say Clare Roath and Erin Warner at Troutman Pepper.

• NJ's Natural Resource Damage Order May Be Helpful For Cos.

  

  A recent New Jersey Department of Environmental Protection order clarifying its natural resource damage enforcement practices may finally provide regulated companies with long-sought guidance to assess environmental liability at contaminated sites in a reasonable and cost-effective manner, say attorneys at Archer & Greiner.

• Without Stronger Due Diligence, Attys Risk AML Regulation

  

  Amid increasing pressure to mitigate money laundering and terrorism financing risks in gatekeeper professions, the legal industry will need to clarify and strengthen existing client due diligence measures — or risk the federal regulation attorneys have long sought to avoid, says Jeremy Glicksman at the Nassau County District Attorney’s Office.

• Insureds' Notice Pleading May Be Insufficient In Federal Court

  

  A recent New Jersey federal court ruling in Bauman v. Hanover Insurance held that bare-bones notice pleading was insufficient and dismissed the policyholder's coverage complaint, a reminder that courts may require more than an expression of general disagreement with an insurance company's denial letter to proceed with the case, says Eugene Killian at The Killian Firm.