AML Regulation Of Lawyers Is Imminent And Controversial

The U.S. House of Representatives' recently passed National Defense Authorization Act subjects lawyers engaged in certain financial-related activities to anti-money laundering regulation under the Bank Secrecy Act, which could pit lawyers against clients in ways harmful to the rule of law and administration of justice, says Jeremy Glicksman at the Nassau County District Attorney’s Office in New York.

How SEC's Climate Proposal Could Affect Litigation Risk

The U.S. Securities and Exchange Commission's proposed rule on climate-related disclosures could increase companies' risk of being targeted by litigation — but there are also a number of legal obstacles that could limit plaintiffs' ability to prove their claims and establish damages, say attorneys at Cleary.

The Pros And Cons Of US-China Auditing Oversight Deal

A recent agreement between the Public Company Accounting Oversight Board and Chinese securities regulators opens the door for U.S.-listed companies audited by China-based accounting firms to continue trading on U.S. exchanges, but may also increase companies' enforcement risk, say attorneys at Morgan Lewis.

Key Adaptations For Law Firms Amid Quiet Quitting Movement

While quiet quitting may not be sustainable at law firms with billable hour requirements, there are specific steps law firms should take to maintain engagement and otherwise respond to the trend's underlying message that associates won't spend all their waking hours at work if they don't feel it's worthwhile, says Meredith Kahan at Whiteford Taylor.

Opinion

Section 230 Shouldn't Protect Big Tech On Casino Apps

In its recent decision to trim claims in the multidistrict litigation alleging Apple, Google and Meta illegally distribute gambling apps, a California federal court should have held that Section 230 immunity does not apply at all because the companies' conduct goes far beyond just providing a platform to promote and sell apps, says Raphael Janove at Pollock Cohen.

The Role Of Tweets, Memes, Emoji In Musk Securities Saga

Brad Foster at Haynes and Boone reviews securities law scenarios in the coming Twitter v. Musk litigation in Delaware and the class actions waiting in the wings, and explains how Elon Musk's tweets, memes and emoji might come into play.

Creating A Hybrid Work Policy? Be Intentional And Inclusive

The pandemic has changed expectations for the future of work forever, and as more employees demand hybrid working options, law firms must develop policies and models that are intentional, inclusive and iterative to lead the industry into the future, says Manar Morales at the Diversity & Flexibility Alliance.

7th Circ. 401(k) Ruling Supports Early ERISA Claim Dismissal

The Seventh Circuit’s recent dismissal of 401(k) mismanagement and excessive fee claims in Albert v. Oshkosh may allay concerns that the U.S. Supreme Court's opinion in Hughes v. Northwestern University would influence courts to deny dismissal motions in similar Employee Retirement Income Security Act cases, say attorneys at Proskauer.

A Law Firm's Guide To Humane Layoffs As Recession Looms

Amid warnings of a global recession, law firms should prepare for the possibility of associate layoffs, aiming for an empathetic approach and avoiding common mistakes that make the emotional impact on departing attorneys worse, say Jarrett Green, a wellness consultant, and Kate Reder Sheikh at Major Lindsey & Africa.

Robotext Scam Bill Could Transform TCPA Landscape

Nearly a year and a half after the U.S. Supreme Court's landmark Facebook v. Duguid decision, the recently introduced federal Robotext Scam Prevention Act could undo judicial work surrounding the Telephone Consumer Protection Act and alter how businesses can contact consumers, say attorneys at Mintz.

Testing Option Market Efficiency In Securities Class Actions

Following a California federal court's suggestion in an Apple securities case that more detailed analyses may be required to demonstrate market efficiency for options, Edward Flores at NERA Economic Consulting offers insight into performing analyses on aggregate using all option data and individually for each unique option pair.

Learning From Trump And Bannon Discovery Strategies

Court-imposed sanctions on both former President Donald Trump and his former aide Steve Bannon for failing to comply with subpoenas illustrate that efforts to bar the door to valid discovery can quickly escalate, so litigants faced with challenging discovery disputes should adopt a pragmatic approach, say Mathea Bulander and Monica McCarroll at Redgrave.

Why FLSA Settlement Reviews May Be Increasingly Unneeded

While most federal courts have followed the Eleventh Circuit's 1982 holding in Lynn's Food v. U.S. that Fair Labor Standards Act claims may be settled only with approval by a court or the U.S. Department of Labor, more courts are beginning to question — or outright challenge — that obligation, say attorneys at Jackson Lewis.

Autonomous Vehicle Product Liability Cases: The Road Ahead

There have been few traditional product liability lawsuits surrounding autonomous vehicles so far, but a review of three notable recent cases offers insights into where future litigation may be heading — and in particular, how negligence and failure to warn claims may fare in court, say Elsa Bullard and Tess Godhardt at Faegre Drinker.

The Risks In Lateral Hiring, And How To Avoid Them

As law firms increasingly recruit laterals, they must account for ethics rules and other due diligence issues that can turn an inadvisable or careless hire into a nightmare of lost opportunity or disqualification, says Mark Hinderks at Stinson.