Expert Analysis

• Minn. Noncompete Ban May Add To Nat'l Venue Choice Tangle

  

  With federal courts already split on which laws govern choice-of-venue clauses in noncompete agreements, the new Minnesota statute that bans noncompetes and empowers workers to void any employment contract that requires out-of-state adjudication will complicate compliance for multistate employers, says Sarah Tishler at Beck Reed.

• Tips For AI-Assisted Coding Amid Open-Source Theft Claims

  

  A California federal court's recent decision allows anonymous coders to pursue claims for alleged breach of open-source software licenses by artificial intelligence coding tools, making clear that the legal implications of using such tools are still a matter of dispute, say Dan Jasnow and Matthew Finkelstein at ArentFox Schiff.

• NY Court Sends Mixed Signals On Contested Foreclosure Law

  

  Although New York's Appellate Division, Second Department, has avoided addressing the constitutionality and retroactive application of the Foreclosure Abuse Prevention Act, its conflicting pattern of applying FAPA to existing cases is creating confusion regarding the future of the law, say Christopher Gorman and John Muldoon at Abrams Fensterman and litigation support analyst Robert Marx.

• Level Up Lawyers' Business Development With Gamification

  

  With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.

• Texas Construction Statute Of Repose Leaves Open Questions

  

  Texas' new significantly shorter statute of repose barring certain suits against construction contractors contains some ambiguous wording that will likely raise questions to be decided by courts, says Mason Hester at Munsch Hardt.

• Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled

  

  In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.

• NY, NJ Regs Give Clarity To Cannabis Investors, Ancillaries

  

  Proposed laws and regulations in New York and New Jersey would clarify some previously murky legal waters, thus expanding the ability of investors, lenders and ancillary service providers to work with marijuana business in these states, say David Waxman and Heidi Urness at McGlinchey Stafford.

• What Revised FTC Guides Mean For Influencer Campaigns

  

  The Federal Trade Commission’s recent updates to its endorsement guides will affect influencer campaigns in several key ways, including how and when influencers should make disclosures, and how companies should manage campaigns, says Gonzalo Mon at Kelley Drye.

• IP Toolbox Is Crucial In AI-Powered Drug Discovery

  

  The era of using artificial intelligence for drug research and development demands a new kind of vigilance around intellectual property rights, as drug discovery companies embark on collaborations with large pharmaceutical companies, say Sonal Agarwa and Shabbi Khan at Foley & Lardner.

• 5 Ways Firms Can Rethink Office Design In A Hybrid World

  

  As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.

• How To Avoid Flopping When Flipping Fla. Real Estate

  

  As land prices rise, Florida real estate developers are increasingly contracting to flip property to other purchasers for a profit, and they should carefully consider the unique risks and issues associated with the different forms that the process can take, says Gary Kaleita at Lowndes.

• New Law Will Upend Washington's CBD Industry

  

  Though many questions remain on a Washington law set to go into effect this month that will require retailers to obtain licensure to sell federally legal CBD, the statute’s economic impacts are sure to be enormous, says Jack Scrantom at Harris Bricken.

• Opinion

  Bar Score Is Best Hiring Metric Post-Affirmative Action

  

  After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.

• Ghosting In BigLaw: How To Come Back From Lack Of Feedback

  

  Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.

• Would Biden Airline Service Order Raise 'Major Questions'?

  

  President Joe Biden's recent pledge to require airlines to compensate passengers for delays and cancellations could run afoul of the U.S. Supreme Court's recently expounded "major questions" doctrine — but that will depend on what kind of action the administration takes, and how federal courts choose to apply the doctrine, says Roger Clark at Signature Resolution.