Expert Analysis

• Lessons In Chancery Toss Of Claims Against CoreLogic CEO

  

  Attorneys at Fried Frank discuss key takeaways for boards, including justifications for accepting a lower takeover offer, following the Delaware Chancery Court's recent dismissal of claims that the ex-CEO of CoreLogic breached fiduciary duty during his $6 billion take-private sale of the company.

• John Deere And Farmers Get Creative On 'Right To Repair'

  

  The recent pact between John Deere and the American Farm Bureau Federation, making the company's parts and technical information available to farmers and independent repair shops, is a milestone in the "right to repair" movement — and demonstrates an effective alternative to government mandates, say attorneys at Troutman Pepper.

• Forecasting The Potential Impact Of CFPB Nonbank Registry

  

  The Consumer Financial Protection Bureau's proposed registry of nonbank contract provisions would require a vast undertaking for the entities subject to it and may have a chilling effect on arbitration agreements and other lawful terms and conditions, say attorneys at Husch Blackwell.

• Why Celebrities Are Ensnared In SEC Crypto-Touting Actions

  

  Given the U.S. Securities and Exchange Commission's increasingly broad view of which crypto-assets constitute securities and its willingness to go after celebrities, including most recently former NBA star Paul Pierce, for violating anti-touting laws, promoters need to pay close attention to their disclosure obligations, say Kurt Gottschall and Payton Roberts at Haynes Boone.

• SEC Admissions Policy Hasn't Led To Big Consequences

  

  Although the U.S. Securities and Exchange Commission has secured a number of high-profile admissions of wrongdoing since announcing that it would require them in settlements involving egregious conduct, it has done so under circumstances that aren't likely to have significant collateral consequences, says Harris Fischman at Paul Weiss.

• Steps Lawyers Can Take Following Involuntary Terminations

  

  Though lawyers can struggle to recover from involuntary terminations, it's critical that they be able to step back, review any feedback given and look for opportunities for growth, say Jessica Hernandez at JLH Coaching & Consulting and Albert Tawil at Lateral Hub.

• Takeaways From Virgin's Wage And Hour Class Action Loss

  

  A California district court recently issued a $31 million judgment against Virgin America in a wage and hour class action brought by flight attendants, a reminder that the state Labor Code's reach extends beyond the Golden State when the facts show a strong connection to work performed there, says Julie O’Dell at Armstrong Teasdale.

• SPAC Tips For Retroactive Validation Of Shareholder Votes

  

  The Delaware Chancery Court's recent Lordstown Motors decision illustrates how special purpose acquisition vehicles can seek retroactive validation of stockholder votes taken in contravention of Section 242 of the state's general corporation law, drawing on five crucial factors, say attorneys at Baker McKenzie.

• High Court Ax Of Atty-Client Privilege Case Deepens Split

  

  The U.S. Supreme Court's recent dismissal of In re: Grand Jury as improvidently granted maintains a three-way circuit split on the application of attorney-client privilege to multipurpose communications, although the justices have at least shown a desire to address it, say Trey Bourn and Thomas DiStanislao at Butler Snow.

• Illinois High Court BIPA Ruling May Increase Class Action Risk

  

  The Illinois Supreme Court’s recent ruling in Tims v. Black Horse, which held that the Biometric Information Privacy Act is subject to a five-year statute of limitations, resolves a long-standing point of debate but could also increase class action risk and exposure for businesses that collect and retain biometric data, say attorneys at Reed Smith.

• 3 Job Satisfaction Questions For Partners Considering Moves

  

  The post-pandemic rise in legal turnover may cause partners to ask themselves what they really want from their workplace, how they plan to grow their practice and when it's time to make a move, says Patrick Moya at Quaero Group.

• Hidden Costs Of FCA, Anti-Kickback Claims For Public Cos.

  

  Our recent analysis of 16 publicly traded companies that resolved False Claim Act and Anti-Kickback Statute claims reveals that settlement costs are just a small fraction of the full economic toll entities face — and that it’s ultimately cheaper to invest in compliance upfront, say Michael Shaheen and Rebecca Baskin at Crowell & Moring.

• US Cos. May See More Multiclaimant Actions In UK, EU

  

  With recent legal developments in England and the European Union favoring multiclaimant litigation, companies should expect claims in those jurisdictions that may resemble class actions and multidistrict litigation claims that have been brought in the U.S. — but there are ways that these risks can be managed, say attorneys at Dechert.

• 4 Exercises To Quickly Build Trust On Legal Teams

  

  High-performance legal teams can intentionally build trust through a rigorous approach, including open-ended conversations and personality assessments, to help attorneys bond fast, even if they are new to the firm or group, says Ben Sachs at the University of Virginia School of Law.

• Whole Foods Win Shows Workplace Rules Can Shield Cos.

  

  In Kinzer v. Whole Foods Market, a Massachusetts federal judge recently ruled against employees alleging they faced retaliation for wearing Black Lives Matter masks to work, demonstrating that carefully written and universally applied workplace policies can protect employers from Title VII discrimination claims, says Elizabeth Johnston at Verrill Dana.