Expert Analysis

• The Most-Read Legal Industry Law360 Guest Articles Of 2023

  

  A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

• Inside Higher Education's New FCA Liability Challenges

  

  As the educational sector expands its use of government funding, schools are at increased risk under the False Claims Act, but recent settlements offer valuable lessons about new theories of liability they may face and specific procedures to reduce their exposure, say James Zelenay and Jeremy Ochsenbein at Gibson Dunn.

• Attorneys' Busiest Times Can Be Business Opportunities

  

  Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

• 9th Circ. Scienter Ruling May Strengthen FDA's Leverage

  

  A recent Ninth Circuit decision in U.S. v. Marschall — regarding scienter and violations of the Federal Food Drug and Cosmetic Act — appears to give the U.S. Food and Drug Administration another arrow in its quiver to lob in the direction of any repeat offender, with potentially very broad applications, say Elena Quattrone and Zachary Taylor at Epstein Becker.

• In The World Of Legal Ethics, 10 Trends To Note From 2023

  

  Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

• Opinion

  Why Challenges To FTC Authority Are Needed

  

  In spite of skepticism from courts, the Federal Trade Commission continues to advance novel legal theories — and Meta's recent federal suit against the agency over its alleged "structurally unconstitutional" administrative proceedings is arguably an expression of backlash to regulatory overreach, says Daniel Gilman at the International Center for Law & Economics.

• The Key Laws Retailers Should Pay Attention To In 2024

  

  2024 promises to be another transformative year for retailers as they navigate the evolving regulatory landscape, particularly surrounding data privacy and sustainability laws, meaning companies should make it a practice to keep track of new legislation and invest in compliance efforts early on, say attorneys at Benesch.

• What's Ahead For Immigrant Employee Rights Enforcement

  

  The U.S. Department of Justice’s increased enforcement related to immigration-based employment discrimination is coupled with pending constitutional challenges to administrative tribunals, suggesting employers should leverage those headwinds when facing investigations or class action-style litigation, say attorneys at Jones Day.

• NCAA Proposal Points To A New NIL Compensation Frontier

  

  Although NCAA President Charlie Baker's recent proposal for Division I institutions to pay student-athletes for name, image and likeness licensing deals is unlikely to pass in its current form, it shows that direct compensation for student-athletes is a looming reality — and member institutions should begin preparing in earnest, say attorneys at Pillsbury.

• How Attorneys Can Be More Efficient This Holiday Season

  

  Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

• Top 10 Whistleblowing And Retaliation Events Of 2023

  

  The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.

• Clean Water Act Jurisdiction Still Murky After A Choppy 2023

  

  This year brought several important Clean Water Act jurisdictional developments, including multiple agency rules and a U.S. Supreme Court ruling that substantially altered the definition of "waters of the United States," but a new wave of litigation challenges has already begun, with no clear end in sight, say attorneys at Nossaman.

• A Former Bankruptcy Judge Talks 2023 High Court Rulings

  

  In 2023, the U.S. Supreme Court issued four bankruptcy law opinions — an extraordinary number — and a close look at these cases signals that changes to the U.S. Bankruptcy Code will have to come from Congress, not the courts, says Phillip Shefferly at the University of Michigan Law School.

• 5 Trends To Watch In Property And Casualty Class Actions

  

  In 2023, class action decisions have altered the landscape for five major types of claims affecting property and casualty insurers — total loss vehicle valuation, labor depreciation, other structural loss estimating theories, total loss vehicle tax and regulatory fees, and New Mexico's uninsured and underinsured motorist coverage sale requirements, say Mark Johnson and Mathew Drocton at BakerHostetler.

• Series

  Children's Book Writing Makes Me A Better Lawyer

  

  Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.