Expert Analysis

• Fair Lending Activity: Calm On The Surface, Churning Below

  

  The Consumer Financial Protection Bureau's recently released annual fair lending report to Congress confirms that despite the paucity of public fair lending enforcement actions in 2022, the CFPB and prudential banking agencies are engaged in significant nonpublic oversight, examination and enforcement activities, say attorneys at Cooley.

• The Basics Of Being A Knowledge Management Attorney

  Excerpt from Practical Guidance

  

  Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.

• The 7 Most Notable FCRA Cases Of 2023 So Far

  

  Both consumer reporting agencies and furnishers should take note of Fair Credit Reporting Act decisions by federal district and appellate courts so far this year, especially those concerning dispute processing and the distinction between legal and factual inaccuracies, say attorneys at Troutman Pepper.

• Challenging Standing In Antitrust Classes: The Uninjured

  

  In virtually every antitrust class action, parties at the certification phase disagree about whether the proposed class includes uninjured members, but the goals of Rule 23 and judicial economy are best served by synthesizing two distinct approaches circuit courts take on this issue, say Michael Hamburger and Holly Tao at White & Case.

• To Hire And Keep Top Talent, Think Beyond Compensation

  

  Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.

• The NAD Has Become More Challenger-Friendly

  

  Samuel Butler and Katie Bond at Keller and Heckman discuss the results of their review of over 400 National Advertising Division cases to determine if the widely perceived notion — that challengers of the self-regulatory body tend to win — is true.

• 2nd Circ. Goldman Ruling May Hinder Securities Classes

  

  The Second Circuit's recent Arkansas Teacher Retirement System v. Goldman Sachs decision, decertifying a class of investors and seemingly resolving a decadelong dispute, makes it substantially more difficult for plaintiffs to certify securities classes based on generic misstatements — a significant win for the defense bar, say attorneys at Willkie.

• Ethics Issues For Mainland Firms Involved In Maui Fire Suits

  

  Before law firms located outside of Hawaii represent clients affected by the Lahaina wildfires, they must be aware of local ethics rules and regulatory gray areas, as any any ethical missteps could have major ramifications for the firm's practice in its home jurisdiction, says Ryan Little at Klinedinst.

• Perspectives

  More States Should Join Effort To Close Legal Services Gap

  

  Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.

• Identifying Trends And Tips In Litigation Financing Disclosure

  

  Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.

• Insurers, Prepare For Large Exposures From PFAS Claims

  

  With thousands of lawsuits concerning per- and polyfluoroalkyl substances pending across the country, several large settlements already reached, and both regulators and the plaintiffs bar increasingly focusing on PFAS, it is becoming clear that these "forever chemicals" present major exposures to insurers and their policyholders, say Scott Seaman and Jennifer Arnold at Hinshaw.

• Data Lessons For Tech Cos. After Class Cert. In Reuters Suit

  

  A district court's recent decision that granted class certification to California residents in a data privacy suit against Reuters sends a direct message to companies that aggregate personal information — the collection of someone's data without consent, even if it is not sold, is a concrete harm, says James Ulwick at DiCello Levitt.

• Lessons On Using 'Advice Of Counsel' Defense In FLSA Suits

  

  Several Fair Labor Standards Act cases illustrate the dangers inherent in employers trying to use the advice-of-counsel defense as a shield against liability while attempting to guard attorney-client privilege over relevant communications, says Mark Tabakman at Fox Rothschild.

• Series

  The Pop Culture Docket: Judge Elrod On 'Jury Duty'

  

  Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.

• 4 Business-Building Strategies For Introvert Attorneys

  Excerpt from Practical Guidance

  

  Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.