Opinion

ALI Oversteps With Expansive Restatement Of Contract Law

The American Law Institute's consumer contracts restatement project, which members are scheduled to vote on at the ALI's upcoming annual meeting, could upend the established law of contracts, and encourage specious class actions and nullification of arbitration agreements, says Sherman Joyce at the American Tort Reform Association.

The Fastest Federal Trial Courts: A Look At Virginia, Florida

The Eastern District of Virginia rocket docket and the Northern District of Florida were last year’s fastest civil trial courts in the nation, and interviews with two of their judges reveal they have some of the same practices to keep litigation moving efficiently, says Robert Tata at Hunton.

Post-Ramirez Courts Split Over Data Breach Standing Issues

In the aftermath of last year's U.S. Supreme Court decision in TransUnion v. Ramirez, lower courts' inconsistency on standing in data breach class actions has left litigants unsure about the type of harm required to press such claims, say attorneys at Arnold & Porter.

Tips For Evaluating Machine Learning For Contracts Review

Law firms considering machine learning and natural language processing to aid in contract reviews should keep several best practices in mind when procuring and deploying this nascent technology, starting with identifying their organization's needs and key requirements, says Ned Gannon at eBrevia.

Opinion

Courts Must Tackle Lack Of Diversity In Class Counsel

When federal courts appoint lead lawyers in federal class actions, the counsel chosen are almost always white and male — but if courts adopt a broader view of what kind of experience is relevant for class counsel appointments, the class action bar can be diversified, says Alissa Del Riego at Podhurst Orseck.

Ruling Casts Doubt On Illinois Biometric Class Action Defense

An Illinois federal court's recent finding in Sosa v. Onfido that faceprints derived from photographs are biometric identifiers regulated by the state's Biometric Information Privacy Act casts doubt on a defense used by many companies targeted in BIPA class actions, and clarifies the scope of potential BIPA liability exposure, says David Oberly at Squire Patton.

How To Efficiently Deploy Your Professional Growth Strategy

Lana Manganiello at Equinox Strategy Partners discusses how time-strapped legal professionals can efficiently implement a professional growth framework by focusing on only the most effective actions to build the reputation and relationships key to their ideal practice.

A 6-Step Framework For Legal Industry Professional Growth

Lana Manganiello at Equinox Strategy Partners discusses how implementing a professional growth framework will help legal professionals gain expertise in a relevant niche to build credibility, focus marketing efforts and build an ideal practice.

Why Contempt May Be Apt Punishment For High Court Leaker

Contempt of court is an overlooked but potentially effective tool to punish whoever leaked the draft opinion overruling Roe v. Wade and protect the integrity of the U.S. Supreme Court, says Michael Zuckerman at Zuckerman Dispute Resolution.

9th Circ. Decision Sets New Framework For Class Certification

The en banc Ninth Circuit decision in Olean Wholesale Grocery v. Bumble Bee Foods — which addressed numerous key class certification issues — is likely to have a significant impact in cases across the nation and provides strong support for defendants opposing motions for class certification under Rule 23(b)(3), say attorneys at Akin Gump.

Opinion

Clients' Diversity Mandates For Law Firms Are Necessary

Coca-Cola recently scrapped its proposed diversity staffing requirements for outside counsel, and other companies may be reassessing their mandates due to external pressures, but it is important to remember the myriad factors supporting these policies and why they are more important now than ever before, says David Hopkins at Benesch Friedlander.

3 Financial Market Areas That Need Better Disclosure Regimes

More robust disclosure requirements for nascent investment sectors would give the market and regulators critical information to guard against manipulation and abuse, as well as powerful tools to police misconduct, say Adam Hollander and Thomas Sperber at Bernstein Litowitz.

Defense Takeaways From NY Uber Arbitration Fees Ruling

A New York appellate panel's recent ruling in Uber v. American Arbitration Association should be a reminder to any business that includes arbitration provisions and class waivers in terms of service, user agreements or other contracts — start preparing for the growing mass arbitration trend, say attorneys at Holland & Knight.

5 Questions That Can Help Law Firms Win RFPs

As the volume of matter-specific requests for proposals continues to increase in the legal market, law firms can take some new steps to fine-tune their RFP response-drafting process and strategy, says Matthew Prinn at RFP Advisory Group.

How Law Firms Can Employ More Veterans

Hiring attorneys who are veterans is often overlooked in law firm diversity, equity and inclusion plans, even though it generates substantial benefits, but partnering with like-minded organizations and having a robust and active veterans group will go a long way in boosting a firm's ability to recruit and retain veterans, say Daniel Sylvester and Nicholas Hasenfus at Holland & Knight.