Previewing Justices' Driver Arbitration Exemption Review

The U.S. Supreme Court's forthcoming decision in Flowers Foods v. Brock, addressing whether last-mile delivery drivers are covered by the Federal Arbitration Act's exemption for transportation workers, may require employers to reevaluate the enforceability of arbitration agreements for affected employees, say attorneys at Sullivan & Cromwell.

Opinion

Horizontal Stare Decisis Should Not Be Casually Discarded

Eliminating the so-called law of the circuit doctrine — as recently proposed by a Fifth Circuit judge, echoing Justice Neil Gorsuch’s concurrence in Loper Bright — would undermine public confidence in the judiciary’s independence and create costly uncertainty for litigants, says Lawrence Bluestone at Genova Burns.

10 Commandments For Agentic AI Tools In The Legal Industry

Though agentic artificial intelligence has demonstrated significant promise for optimizing legal work, it presents numerous risks, so specific ethical obligations should be built into the knowledge base of every agentic AI tool used in the legal industry, says Steven Cordero at Akerman LLP.

Class Actions At The Circuit Courts: December Lessons

In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses recent rulings and identifies practice tips from cases involving securities, takings, automobile insurance, and wage and hour claims.

Series

Preaching Makes Me A Better Lawyer

Becoming a Gospel preacher has enhanced my success as a trial lawyer by teaching me the importance of credibility, relatability, persuasiveness and thorough preparation for my congregants, the same skills needed with judges and juries in the courtroom, says Reginald Harris at Stinson.

And Now A Word From The Panel: A New Rule For MDLs

With a new federal rule of civil procedure dedicated to multidistrict litigation practice taking effect this month, MDL watchers will be keeping on eye on whether the rule effectively serves its purpose of ensuring that only supportable claims proceed in MDLs, says Alan Rothman at Sidley.

Series

Law School's Missed Lessons: Practicing Client-Led Litigation

New litigators can better help their corporate clients achieve their overall objectives when they move beyond simply fighting for legal victory to a client-led approach that resolves the legal dispute while balancing the company's competing out-of-court priorities, says Chelsea Ireland at Cohen Ziffer.

9th Circ. Robinhood Ruling May Alter Intraquarter Disclosures

By aligning with the Second Circuit and rejecting the First Circuit's extreme-departure standard, the Ninth Circuit recently signaled in its decision to revive a putative securities class action against Robinhood a renewed emphasis on transparency when known trends that can be considered material arise between quarterly reports, say attorneys at MoFo.

Series

The Law Firm Merger Diaries: How To Build On Cultural Fit

Law firm mergers should start with people, then move to strategy: A two-level screening that puts finding a cultural fit at the pinnacle of the process can unearth shared values that are instrumental to deciding to move forward with a combination, says Matthew Madsen at Harrison.

2nd Circ. Decision Offers Securities Fraud Pleading Insights

In Gimpel v. Hain Celestial, the Second Circuit’s recent finding that investor plaintiffs adequately alleged a food and personal care company made actionable misrepresentations and false statements presents a road map for evaluating securities fraud complaints that emphasizes statements made and scienter, rather than pure omissions, say attorneys at Nixon Peabody.

Considerations When Invoking The Common-Interest Privilege

To successfully leverage the common-interest doctrine in a multiparty transaction or complex litigation, practitioners should be able to demonstrate that the parties intended for it to apply, that an underlying privilege like attorney-client has attached, and guard against disclosures that could waive privilege and defeat its purpose, say attorneys at DLA Piper.

Series

The Law Firm Merger Diaries: Making The Case To Combine

When making the decision to merge, law firm leaders must factor in strategic alignment, cultural compatibility and leadership commitment in order to build a compelling case for combining firms to achieve shared goals and long-term success, says Kevin McLaughlin at UB Greensfelder.

Opinion

Despite Deputy AG Remarks, DOJ Can't Sideline DC Bar

Deputy Attorney General Todd Blanche’s recent suggestion that the D.C. Bar would be prevented from reviewing misconduct complaints about U.S. Department of Justice attorneys runs contrary to federal statutes, local rules and decades of case law, and sends the troubling message that federal prosecutors are subject to different rules, say attorneys at HWG.

Key Strategies For Supplement Cos. Facing Lead Risks

In the wake of a recent Consumer Reports article detailing dangerously high levels of lead in many popular protein powders, supplement companies face increased litigation, rising enforcement risks and reputational harm — underscoring the need to monitor supply chains, test ingredients and understand labeling standards, say attorneys at Husch Blackwell.

Rule Amendments Pave Path For A Privilege Claim 'Offensive'

Litigators should consider leveraging forthcoming amendments to the Federal Rules of Civil Procedure, which will require early negotiations of privilege-related discovery claims, by taking an offensive posture toward privilege logs at the outset of discovery, says David Ben-Meir at Ben-Meir Law.