Expert Analysis

• 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.

• Cellphone Ruling Illuminates Divide On TCPA Interpretation

  

  A North Carolina magistrate judge's reasoning in Gaker v. Q3M — which said the Telephone Consumer Protection Act's do-not-call prohibitions do not include cellphones, contrary to the the Federal Communications Commission's stance — is interesting to consider, particularly for its textualist reading, says Ellen Berge at Venable.

• 8 Steps To Improve The Perception Of In-House Legal Counsel

  

  With the pandemic paving the way for a reputational shift in favor of in-house corporate legal teams, there are proactive steps that legal departments can take to fully rebrand themselves as strong allies and generators of value, says Allison Rosner at Major Lindsey.

• Procedure Rule 7.1 Can Simplify Litigators' Diversity Analysis

  

  A recent amendment to Federal Rule of Civil Procedure 7.1 will help trial courts determine whether the parties to a case are diverse, and may also allow litigators to more quickly determine whether they can remove certain cases to federal court, says Steve Shapiro at Schnader Harrison.

• The Wide Oversight Implications Of Del. McDonald's Ruling

  

  The Delaware Chancery Court's recent ruling that a McDonald's officer had oversight obligations on par with directors has wide-reaching implications for Delaware corporate law, including precedent for the court to hear sexual harassment claims, say attorneys at Fried Frank.

• How Courts Are Deciding Standing In Fla. Robocall Cases

  

  The issue of Article III standing has been an important consideration in recently decided Florida Telephone Solicitation Act class actions — and while federal courts have cited Eleventh Circuit precedent to determine injury, state courts have held different opinions, say Aaron Weiss and Ted Delcima at Carlton Fields.

• 5 Steps Cos. Can Take Amid Surge In 'Right To Repair' Actions

  

  The recent reemergence of Federal Trade Commission, class action and legislative scrutiny regarding product warranties and product design features that restrict how consumers repair and service products should send a clear warning to companies, say attorneys at White & Case.

• FTC's GoodRx Action Highlights Risks For Digital Health Cos.

  

  The Federal Trade Commission's first-of-its-kind enforcement action against GoodRx for unlawfully sharing sensitive customer information is indicative of regulators' growing interest in the digital health space and heightens the importance of taking proactive compliance steps, say attorneys at Ropes & Gray.