Expert Analysis

• 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.

• 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.

• FTC Noncompete Ban Could Split Health Industry, Raise Costs

  

  The Federal Trade Commission's recently proposed ban on employee noncompete agreements could fracture the health care industry into nonprofit versus for-profit providers, a move that would drive costs higher for the same consumers the rule is meant to protect, says Peter Glennon at Glennon Law.

• A Method To Measure Pay-For-Delay Drugs' Financial Impact

  

  Analysts at StoneTurn explain an empirical methodology that can estimate the incremental revenue that brand name drug companies may gain from delaying the entry of generic substitutes, which may assist plaintiffs and defense counsel in pay-for-delay litigation.

• 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.

• Private Equity Should Beware The Antitrust Microscope

  

  U.S. antitrust enforcers have trained their sights on private equity companies, and counsel should not assume that any transaction is too small to attract antitrust attention, and should evaluate potential risks, such as roll-up strategies and interlocking directorates, at the earliest stages, say David Kully and Kenneth Racowski of Holland & Knight.

• 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.

• Opinion

  Proposed FTC Noncompete Ban Throws Out Good With Bad

  

  The recently proposed Federal Trade Commission rule to ban employment contract clauses that prevent forbidden information from passing between companies could harm markets by eliminating both pro- and anti-competitive noncompete agreements, and doesn't pass muster under antitrust or contracts law, says William MacLeod at Kelley Drye.

• North Carolina Bill Could Significantly Chill Hospital Mergers

  

  A recently introduced bill in the North Carolina Senate differs markedly from federal merger review procedures in several key areas, and would greatly increase scrutiny that could in turn discourage hospital merger activity in the state, says James Burns at Williams Mullen.

• 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.

• Opinion

  It's Time To Revisit Mens Rea In Criminal Price-Fixing Cases

  

  Amid increasingly aggressive antitrust enforcement, courts should require a higher mens rea standard in criminal price-fixing prosecutions — as supported by a slate of recent appellate decisions explaining that punishing inadvertent conduct may deter pro-competitive behavior, say John Siffert and Lise Rahdert at Lankler Siffert.

• 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.

• Retail Landscape Changes May Affect Kroger-Albertsons Deal

  

  Analysis of the planned Kroger-Albertsons merger may be affected by a pandemic-fueled grocery retail evolution, which includes expansion of trading areas, warehouse clubs becoming closer substitutes for traditional retailers, and a growing divergence between perishable and nonperishable products, say Edward Fox at Southern Methodist University, and Emily Cotton and Laura O'Laughlin at Analysis Group.

• 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.