Expert Analysis

• ERISA Considerations In A Dynamic ESG Landscape

  

  Recent congressional, judicial and state legislative developments have complicated the landscape surrounding environmental, social and governance investing, but these new laws and court challenges are unlikely to ban any consideration of ESG in ERISA plans and will likely serve to hone fiduciary focus, say Elizabeth Goldberg and Rachel Mann at Morgan Lewis.

• The Limits Of Arbitration Provisions In The ERISA Context

  

  Although courts have viewed the Federal Arbitration Act as strongly favoring the enforcement of arbitration provisions, two recent decisions from the District of Delaware and the Tenth Circuit demonstrate that arbitration provisions that expressly forbid planwide relief are not likely to be enforced in ERISA cases seeking such relief, says Elizabeth Hopkins at Kantor & Kantor.

• Justices Leave Questions Open On Dual-Purpose Atty Advice

  

  The U.S. Supreme Court's recent dismissal of In re: Grand Jury on grounds that certiorari was improvidently granted leaves unresolved a circuit split over the proper test for deciding when attorney-client privilege protects a lawyer's advice that has multiple purposes, say Susan Combs and Richard Kiely at Holland & Hart.

• Opinion

  Courts Should Follow 8th Circ. On ERISA Procedure Rules

  

  Other courts should take note of the Eighth Circuit's refusal to view Yates v. Symetra Life Insurance as an administrative law claim and join the growing effort to restore regular civil procedure to Employee Retirement Income Security Act cases, says Mark DeBofsky at DeBofsky Law.

• Opinion

  SAFE Banking Should Include Cannabis Co. Retirement Plans

  

  Though states are increasingly requiring companies to offer employee retirement plans, state-regulated cannabis businesses will not be able to comply unless the proposed federal SAFE Banking Act is expanded to allow them legal access to the nondepository financial institutions that administer these benefits, say Jeremy Koepf and William McNichol at Rutgers Law.

• Steps Lawyers Can Take Following Involuntary Terminations

  

  Though lawyers can struggle to recover from involuntary terminations, it's critical that they be able to step back, review any feedback given and look for opportunities for growth, say Jessica Hernandez at JLH Coaching & Consulting and Albert Tawil at Lateral Hub.

• High Court Ax Of Atty-Client Privilege Case Deepens Split

  

  The U.S. Supreme Court's recent dismissal of In re: Grand Jury as improvidently granted maintains a three-way circuit split on the application of attorney-client privilege to multipurpose communications, although the justices have at least shown a desire to address it, say Trey Bourn and Thomas DiStanislao at Butler Snow.

• 3 Job Satisfaction Questions For Partners Considering Moves

  

  The post-pandemic rise in legal turnover may cause partners to ask themselves what they really want from their workplace, how they plan to grow their practice and when it's time to make a move, says Patrick Moya at Quaero Group.

• 4 Exercises To Quickly Build Trust On Legal Teams

  

  High-performance legal teams can intentionally build trust through a rigorous approach, including open-ended conversations and personality assessments, to help attorneys bond fast, even if they are new to the firm or group, says Ben Sachs at the University of Virginia School of Law.

• How Partial Invalidation Of ERISA Guidance Affects Advisers

  

  A Florida federal court's recent invalidation of the U.S. Department of Labor's policy on rollovers from Employee Retirement Income Security Act plans to individual retirement accounts significantly narrows the agency's attempt to regulate this area, but there are still situations where an adviser may need to rely on the partially vacated guidance, say Robert Daily and Sterling Perkinson at Kilpatrick.

• 8 Steps To Improve The Perception Of In-House Legal Counsel

  

  With the pandemic paving the way for a reputational shift in favor of in-house corporate legal teams, there are proactive steps that legal departments can take to fully rebrand themselves as strong allies and generators of value, says Allison Rosner at Major Lindsey.

• Procedure Rule 7.1 Can Simplify Litigators' Diversity Analysis

  

  A recent amendment to Federal Rule of Civil Procedure 7.1 will help trial courts determine whether the parties to a case are diverse, and may also allow litigators to more quickly determine whether they can remove certain cases to federal court, says Steve Shapiro at Schnader Harrison.

• Reviewing Exec Separation Filings After McDonald's SEC Deal

  

  The U.S. Securities and Exchange Commission recently charged McDonald's and its former CEO Stephen Easterbrook with disclosure violations related to his separation from the company in 2019, offering a cautionary tale for public issuers making disclosures regarding internal investigations and executive separations, say attorneys at Ropes & Gray.

• Atty Conflict Discussions In Idaho Murder Case And Beyond

  

  A public defender's representation of the accused University of Idaho murderer after prior representation of a victim's parent doesn't constitute a violation of conflict of interest rules, but the case prompts ethical questions about navigating client conflicts in small-town criminal defense and big-city corporate law alike, say Hilary Gerzhoy and Charles Loeser at HWG.

• Why The Original 'Rocket Docket' Will Likely Resume Its Pace

  

  Though the Eastern District of Virginia, for decades the fastest federal trial court in the country, experienced significant pandemic-related slowdowns, several factors unique to the district suggest that it will soon return to its speedy pace, say Dabney Carr and Robert Angle at Troutman Pepper.