Expert Analysis

• Judge-Shopping Policy Revisal May Make Issue Worse

  

  The Judicial Conference at its March meeting unveiled a revised policy with the stated goal of limiting litigants’ ability to judge-shop in patent cases, but the policy may actually exacerbate the problem by tying the issue to judge-shopping in polarizing political cases, making reform more difficult, say Robert Niemeier and William Milliken at Sterne Kessler.

• 2nd Circ. Baby Food Ruling Disregards FDA's Expertise

  

  The Second Circuit's recent decision in White v. Beech-Nut Nutrition, refusing to defer litigation over heavy metals in baby food until the U.S. Food and Drug Administration weighs in on the issue, provides no indication that courts will resolve the issue with greater efficiency than the FDA, say attorneys at Phillips Lytle.

• Where 9th Circ. Lowe's Ruling Leaves PAGA Jurisprudence

  

  Leah Kennedy and Carolyn Wheeler at Katz Banks discuss the legal landscape and controlling precedent around the Private Attorneys General Act that led to the Ninth Circuit's Johnson v. Lowe's decision last month on individual PAGA wage claims, and explore the open questions that it leaves.

• Opinion

  5th Circ. NFL Disability Ruling Turns ERISA On Its Head

  

  The Fifth Circuit's March 15 ruling in Cloud v. NFL Player Retirement Plan upheld the plan's finding that an NFL player was not entitled to reclassification because he couldn't show changed circumstances, which is contrary to the goal of accurate Employee Retirement Income Security Act claims processing, says Mark DeBofsky at DeBofsky Law.

• How Fieldwood Ch. 11 Ruling Bolsters Section 363 Confidence

  

  The Fifth Circuit’s recent ruling in Fieldwood Energy’s Chapter 11 cases, which clarified that challenges to integral aspects of a bankruptcy sale are statutorily moot under Section 363(m) of the U.S. Bankruptcy Code, should bolster the confidence of prospective purchasers in these sales, say attorneys at V&E.

• Opinion

  Judicial Independence Is Imperative This Election Year

  

  As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.

• 2nd Circ.'s Binance Locus Test Adds Risk For Blockchain Cos.

  

  The Second Circuit’s recent use of the irrevocable liability test to rule a class action may proceed against decentralized crypto exchange Binance heightens the possibility that other blockchain-based businesses with domestic customers and digital infrastructure will find themselves subject to U.S. securities laws, say attorneys at Holland & Knight.

• Series

  Riding My Peloton Bike Makes Me A Better Lawyer

  

  Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.

• The Challenges SEC's Climate Disclosure Rule May Face

  

  Attorneys at Debevoise examine potential legal challenges to the U.S. Securities and Exchange Commission's new climate-related disclosure rule — against which nine suits have already been filed — including arguments under the Administrative Procedure Act, the major questions doctrine, the First Amendment and the nondelegation doctrine.

• Ala. Frozen Embryo Ruling Creates Risks for Managed Care Orgs

  

  The Alabama Supreme Court's decision in LePage v. Center for Reproductive Medicine last month, declaring that frozen embryos count as children, has not only upended the abortion debate but also raised questions for managed care organizations and healthcare providers that provide, offer or facilitate fertility treatment nationwide, say attorneys at Reed Smith.

• NY Bond, Enforcement Options As Trump Judgment Looms

  

  In light of former President Donald Trump's court filing this week indicating that he can't secure a bond for the New York attorney general's nearly $465 million judgment against him, Neil Pedersen of Pedersen & Sons Surety Bond Agency and Adam Pollock of Pollock Cohen explore New York state judgment enforcement options and the mechanics of securing and collateralizing an appellate bond.

• What To Watch As Justices Consider Appeal Deadline Case

  

  Next week, in Harrow v. U.S. Department of Defense, the U.S. Supreme Court will consider for the first time whether a statutory deadline for appealing from a federal agency to an Article III court is jurisdictional, setting the stage for a decision that could dramatically reshape the landscape for challenging agency decisions, say attorneys at MoloLamken.

• Class Actions At The Circuit Courts: March Lessons

  

  In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from consumer fraud to employment — and provides key takeaways for counsel on issues including coercive communications with putative class members and Article III standing at the class certification stage.

• Opinion

  Justices' Trump Ballot Ruling May Spark Constitutional Crisis

  

  The U.S. Supreme Court’s recent ruling that former President Donald Trump must be reinstated to Colorado’s primary ballot endorses an unnecessarily broad legal theory of disqualification from federal office, raising constitutional questions that will only become more urgent as the next presidential election nears, says Devon Ombres at the Center for American Progress.

• Rebuttal

  High Court Should Maintain Insurer Neutrality In Bankruptcy

  

  While a recent Law360 guest article argues that the U.S. Supreme Court should endorse insurer standing in Truck Insurance Exchange v. Kaiser Gypsum, doing so would create a playground for mischief and delay, and the high court should instead uphold insurance neutrality, say attorneys at Lowenstein Sandler.