Expert Analysis

• 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.

• Cannabis Labor Peace Laws Lay Fertile Ground For Unions

  

  State legislatures are increasingly passing cannabis laws that encourage or even mandate labor peace agreements as a condition for licensure, and though open questions remain about the constitutionality of such statutes, unionization efforts are unlikely to slow down, says Peter Murphy at Saul Ewing.

• Every Lawyer Can Act To Prevent Peer Suicide

  

  Members of the legal industry can help prevent suicide among their colleagues, and better protect their own mental health, by learning the predictors and symptoms of depression among attorneys and knowing when and how to get practical aid to peers in crisis, says Joan Bibelhausen at Minnesota Lawyers Concerned for Lawyers.

• Building On Successful Judicial Assignment Reform In Texas

  

  Prompt action by the Judicial Conference could curtail judge shopping and improve the efficiency and procedural fairness of the federal courts by implementing random districtwide assignment of cases, which has recently proven successful in Texas patent litigation, says Dabney Carr at Troutman Pepper.

• Cities Should Explore Minn. Municipal Alcohol Store Model

  

  Minnesota’s unique alcohol control model that functions at the municipal level may be worth exploring for cash-strapped cities looking for an additional stream of revenue, though there may be community pushback, say Louis Terminello and Bradley Berkman at Greenspoon Marder.

• Do Videoconferences Establish Jurisdiction With Defendants?

  

  What it means to have minimum contacts in a foreign jurisdiction is changing as people become more accustomed to meeting via video, and defendants’ participation in videoconferencing may be used as a sword or a shield in courts’ personal jurisdiction analysis, says Patrick Hickey at Moye White.

• Opinion

  Humanism Should Replace Formalism In The Courts

  

  The worrying tendency for judges to say "it's just the law talking, not me" in American decision writing has coincided with an historic decline in respect for the courts, but this trend can be reversed if courts develop understandable legal standards and justify them in human terms, says Connecticut Superior Court Judge Thomas Moukawsher.

• Pa. Supreme Court Can Finally Set Proper Venue Standards

  

  The Pennsylvania Supreme Court has an opportunity in Hangey v. Husqvarna to finally clarify and further define how much business in a forum a product manufacturer must do for the venue to be proper, an issue state trial courts have wrestled with for almost a century, say Alan Klein and Ethan Feldman at Duane Morris.

• Don't Let Client Demands Erode Law Firm Autonomy

  

  As clients increasingly impose requirements for attorney hiring and retention related to diversity and secondment, law firms must remember their ethical duties, as well as broader issues of lawyer development, culture and firm integrity, to maintain their independence while meaningfully responding to social changes, says Deborah Winokur at Cozen O'Connor.

• A Significant First Step For Pa. Carbon Capture Programs

  

  Pennsylvania's letter of intent to the U.S. Environmental Protection Agency indicating interest in taking primary regulatory authority of Underground Injection Control Class VI programs marks the beginning of a potentially long process that would ultimately benefit those involved with carbon capture utilization and storage within the commonwealth, say attorneys at K&L Gates.

• 6th Circ. Ruling's Seismic Shift In FCA Kickback Causation

  

  It is difficult to overstate the significance of the Sixth Circuit’s recent decision in the False Claims Act kickback case U.S. v. Hathaway, which shifts the government's burden of proof by adopting a more defense-friendly causation standard and curbing an expansive definition of remuneration, say attorneys at Morgan Lewis.

• 3rd Circ. Ruling Offers Tools To Manage Exempt Employees

  

  The Third Circuit’s recent opinion in Higgins v. Bayada Home Health, finding the Fair Labor Standards Act allows employers to deduct paid time off for missed employee productivity targets, gives companies another resource for managing exempt employee inefficiency or absenteeism, says Laura Lawless at Squire Patton.

• How CMS Proposal Would Change PE Deal Transparency

  

  The Centers for Medicare and Medicaid Services recently proposed a new rule that would require the disclosure of additional ownership regarding Medicare and Medicaid nursing facilities, an approach that many states have started to take and reflects the Biden administration's scrutiny on private equity deals, say attorneys at Kirkland.

• 3rd Circ. Samsung Opinion Is A Plaintiffs' Arbitration Playbook

  

  The Third Circuit's recent precedential opinion in White v. Samsung exemplifies language plaintiffs can use when a defendant delays in moving to compel arbitration — and its criticism of pro-arbitration rules invented by other courts can also help plaintiffs avoid the dispute resolution method altogether, say Raphael Janove and Josh Brooks at Pollock Cohen.

• Navigating High Court's Options In Insurer Choice Of Law

  

  Depending on how the U.S. Supreme Court approaches the question of when insurers may invoke choice-of-law clauses in maritime contracts to dodge state-specific liability, the Great Lakes v. Raiders Retreat Realty decision may mean significant changes not only for admiralty law disputes, but for the insurance industry more broadly, say Lara Cassidy and Adriana Perez at Hunton.