Expert Analysis

• How SEC Proposal Would Change Stock Buyback Landscape

  

  The U.S. Securities and Exchange Commission's recent proposal to enhance and modernize public companies' disclosures concerning repurchases of their own equity securities may result in significant changes in the popularity and conduct of stock buybacks, say Justin Chairman and Celia Soehner at Morgan Lewis.

• Series

  Embracing ESG: Whirlpool CLO Talks Structural Improvement

  

  As the global understanding of what it means to measurably make a positive societal and environmental impact evolves, creating a solid governance structure, backed up by bold action and increased transparency, will set up companies and their legal teams to remain resilient through economic and societal changes and manage risk, says Ava Harter at Whirlpool.

• Opinion

  Fla. High Court Is Wrong To Ban CLE Diversity Requirements

  

  The Florida Supreme Court is wrong in precluding attorneys from getting any continuing legal education credit for courses that use so-called diversity quotas, as it erroneously assumes existing biases and prejudices in the legal profession will change without proactive steps, says Sidney Kanazawa at ARC LLC.

• Lawyers Must Prepare For Contract Tech Co. Consolidation

  

  The legal industry's continued remote work needs during the pandemic have fueled growth of contract lifecycle management providers, but to continue access to the platforms they have come to rely on, businesses should look out for the CLM mergers that are likely to occur in 2022, says Naseeha Machingal at LegalEase Solutions.

• How Budget Bill Could Affect Employer Health, Benefit Plans

  

  Following the House's recent passage of President Joe Biden’s $1.75 trillion spending bill — the Build Back Better Act — employers should carefully consider several of the proposal’s health care and benefits provisions, which could pose immediate compliance challenges if the act is signed into law this year, say Anne Hall and Tim Kennedy at Hall Benefits Law.

• How Firms Can Adapt Amid COVID's Shifting Legal Needs

  

  Avi Stadler at Esquire Deposition Solutions discusses the practice areas that are expanding most aggressively during the COVID-19 era of increased litigation and technology needs, and offers recommendations for how law firms can attract and retain the expertise they need to thrive in today's competitive market for legal services.

• Despite DOL Proposed Rule, ESG Investing Faces Barriers

  

  While a recently proposed rule from the U.S. Department of Labor would make it easier to consider environmental, social and governance factors in retirement plan investment decisions, fiduciaries may tread carefully in the face of extensive litigation against defined contribution plans, says William Pollak at O'Melveny.

• Series

  Embracing ESG: Synchrony Counsel Talk Role Of Legal Teams

  

  Jonathan Mothner and Danielle Do at Synchrony Financial discuss legal departments' essential role in their firms' environmental, social and governance programs, and how legal leaders can leverage their teams and internal relationships to advance ESG efforts.

• Balance Seems To Elude Justices In Northwestern ERISA Case

  

  At recent oral arguments before the U.S. Supreme Court in Hughes v. Northwestern University, a major sticking point centered on finding a pleading standard for Employee Retirement Income Security Act excessive fee claims that ensures protection for both plans and participants — but it’s unclear where that middle ground might be, says Dawn Murphy-Johnson at Miller & Chevalier.

• For Junior Lawyers, Authenticity And A Solid Pitch Are Key

  

  With strong lateral partner hiring and other pandemic-era trends making it harder for newly minted attorneys to progress in their careers, junior lawyers should take steps to perfect their elevator pitch and remain true to who they are, as a big part of their success will depend on how well they sell themselves to clients and how genuine they appear, says Emily Weber at Foley & Lardner.

• A Compliance Primer For Attorneys Outsourcing Legal Work

  

  Growing numbers of law firms and corporations outsource legal work for cost savings, so lawyers must firmly understand their related obligations set forth by bar associations across the country — from obtaining client consent to using accepted billing methods, say Melissa Khalil at Nora.Legal, Jeremy Babener at Structured Consulting and Patrice Asimakis at LegalEase Solutions.

• New ERISA Rulings Diverge On Civil Procedure

  

  The Third Circuit’s recent decision in Noga v. Fulton Financial Employee Benefit Plan, which applied administrative law principles in reinstating a claimant’s Employee Retirement Income Security Act benefits, deviates from a rising chorus of judicial voices and fails to help repair ERISA's civil procedure, says Mark DeBofsky at DeBofsky Sherman.

• When And How To Depose Fact Witnesses Remotely In 2022

  

  Tim Tryniecki and Thomas Mudd at MG+M offer a series of practice tips for successfully conducting remote depositions of often-inexperienced fact witnesses, as the virtual court proceedings sparked by COVID-19 look set to become a part of the legal landscape next year.

• The State Of Article III Standing In ERISA Cases

  

  Elizabeth Hopkins at Kantor & Kantor reviews federal district and appellate court Employee Retirement Income Security Act cases from the year and a half since the U.S. Supreme Court decided Thole v. U.S. Bank, and discusses how the justices’ opinion has not simplified Article III analysis in the ERISA context.

• Series

  Embracing ESG: PayPal CLO Talks Gauging Impact And Intent

  

  For legal teams, the corporate evolution toward more intentional post-COVID-19 environmental, social and governance strategies means deeper integration across business functions, seeking counsel on emerging issues affecting stakeholders, adapting initiatives around changing policies and regulations, and advancing ESG reports to better measure impact, says Louise Pentland at PayPal.