Expert Analysis

• NY Panel's COVID Nursing Home Case Order Spurs Questions

  

  The New York Litigation Coordinating Panel's recent final order to coordinate the resolution of COVID-19 nursing home cases leaves critical parameters for the cases coming under the order undefined, such as time frame and injury, say Christopher Potenza and Elizabeth Adymy at Hurwitz Fine.

• Employee Pay Takeaways From Computer Startup Time Ruling

  

  The Ninth Circuit’s recent ruling in Cadena v. Customer Connexx, which held that time spent booting up laptops is compensable, is a reminder of how the continuous workday rule affects employee pay and provides insight on whether other types of tasks are integral and indispensable, say attorneys at Husch Blackwell.

• Learning From Data Breach Cases To Reduce Legal Risk

  

  Several notable class action settlements this year highlight the risks of insufficient security measures and insufficient notice to affected customers in the event of a data breach, and companies can reduce the likelihood of potential civil liability through preventative measures, says Anjali Teigen at Rothwell Figg.

• L'Oreal Case Highlights Legal Risks Of Anti-Aging Claims

  

  As a New York federal court's recent decision in Lopez v. L'Oréal USA illustrates, overly broad promises that suggest a product can turn back time by restoring skin or promoting cell regeneration can be misconstrued by consumers — and can prove costly for brands, says Kelly Bonner at Duane Morris.

• 3 Pricing Trends In Law Firm Use Of Litigation Funding

  

  As BigLaw firms increasingly include litigation funding as a financing option for clients, internal pricing groups are taking the lead on standardizing and centralizing firm processes, and aggregating risk budgets, says Brendan Dyer at Woodsford Group.

• Safeguarding Attorneys' Greatest Asset: Our Mental Health

  

  Attorneys who understand that mental fitness is their most valuable characteristic should prioritize mental health care accordingly, including with certain activities they may not realize qualify as self-care, says Wendy Robbins at Holland & Knight.

• 5th Circ. Class Action Rulings Reflect Post-TransUnion Trends

  

  In the wake of the U.S. Supreme Court's 2021 TransUnion v. Ramirez decision, Fifth Circuit case trends this year highlight the importance of closely evaluating standing challenges where the injury-in-fact is questionable, even where a statutory violation might exist, say attorneys at K&L Gates.

• Blocking A Second Punitive Damages Award In Product Cases

  

  As punitive damages awards in product liability cases continue to expand, two recent Florida federal court decisions highlight how companies may limit or preclude punitive damages if they were previously awarded for the same product or conduct, say Anne Gruner and Ethan Feldman at Duane Morris.

• And Now A Word From The Panel: 10 Years Of MDL Lessons

  

  To celebrate 10 years of columns analyzing the decisions of the Judicial Panel on Multidistrict Litigation, Alan Rothman at Sidley looks back to highlight 10 important lessons for MDL practitioners.

• Opinion

  Law Schools Are Right To Steer Clear Of US News Rankings

  

  By opting out of participating in the U.S. News & World Report annual rankings, law schools abandon a profoundly flawed system and free up their resources to adapt to the tsunami of changes overtaking the profession, says Nicholas Allard at Jacksonville University College of Law.

• Employer Lessons From Google's $118M Equal Pay Deal

  

  The recent $118 million settlement in the Ellis v. Google class action over a systemic scheme directed at underpaying women can be used as the foundation for employers to implement better business practices and avoid lawsuits of this magnitude, say attorneys at Gordon & Rees.

• After Joint Juice, Questions On NY Statutory Awards Remain

  

  A California federal court's recent Montera v. Premier Nutrition decision addressed the question of whether consumers can obtain classwide statutory damages under New York's General Business Law in federal court, but it isn't the lodestar false advertising lawyers were hoping for, say Henry Wainhouse and Joshua Kipnees at Patterson Belknap.

• Opinion

  Litigation Funders Seek Transparency In Disclosure Debate

  

  Litigation funders want to correct the record on calls for funding disclosure in the name of transparency, as this purported justification obscures the disclosure's adverse effects — prejudicing plaintiffs' cases and discouraging the assertion of meritorious legal claims, say Dai Wai Chin Feman and William Weisman at Parabellum Capital.

• Privacy Ruling Highlights Risks Of Third-Party Web Tracking

  

  The Ninth Circuit’s recent ruling in Javier v. Assurance — that third-party session replay software usage without user consent may violate a California privacy law — highlights why companies should remain proactive and review all technologies that collect information from their websites, say attorneys at K&L Gates.

• 5 Principles For Better Professional Development Programs

  

  The pandemic and ensuing "great resignation" have resulted in a more transient legal work force, but law firms can use effective professional development programs to bridge a cultural gap with new associates and stem associate attrition, says Matthew Woods at Robins Kaplan.