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Expert Analysis

• How AI Can Transform Crisis Management In Litigation

  

  Attorneys should understand how to use rapidly advancing artificial intelligence technology to help clients prepare for potential catastrophic events and the inevitable litigation arising from them, from predicting crises before they occur to testing legal theories once they arise, say Stratton Horres at Wilson Elser and David Steiger.

• OSHA Case Shows Fluidity Of Major Questions Doctrine

  

  Contrary to U.S. Supreme Court Justice Neil Gorsuch's assertion, the major questions doctrine on court deference to agency statutory interpretations is actually quite murky, as seen in its recent application in the National Federation of Independent Business' case challenging the Occupational Safety and Health Administration’s vaccinate-or-test mandate at the high court, says Andrew Michaels at the University of Houston Law Center.

• What Experts, Attys Must Know About Psychological Injuries

  

  As the ongoing litigation between Kobe Bryant's widow and Los Angeles County illustrates, there are many forms of psychological injury that can have serious impacts — so mental health experts and attorneys must be precise when discussing these matters in court, says Prudence Gourguechon, a clinical psychiatrist and professional psychiatric expert witness.

• Supervisor Relationships Are Key To Beating Atty Burnout

  

  In order to combat record attorney turnover and high levels of burnout, law firm partners and leaders must build engaging relationships with supervisees, fostering autonomy and control, enabling expression of values, and building a sense of community and belonging, says Anne Brafford at the Institute for Well-Being in Law.

• What To Expect From Merger Guideline Modernization

  

  The U.S. Department of Justice's and Federal Trade Commission's recent request for comment on amending the merger review guidelines provides perhaps the clearest indication yet of where guideline revisions might focus, including on structural presumptions, the role of market definition and the effect of transactions on labor, say attorneys at MoFo.

• The Rising Demand For Commercial Litigators In 2022

  

  Amid broken supply chains, pandemic-induced bankruptcies and a rise in regulation by litigation, strong commercial litigators — strategists who are adept in trying a range of tortious and contractual disputes — are becoming a must-have for many law firms, making this year an opportune moment to make the career switch, say Michael Ascher and Kimberly Donlon at Major Lindsey.

• New Whistleblower Rights Heighten Risk For NY Employers

  

  Amendments to New York's anti-retaliation law that go into effect next week will drastically expand whistleblower protections, leaving employers to mitigate the increased risk of claim exposure while also considering how COVID-19 mandates might complicate compliance, say attorneys at Holland & Knight.

• How In-House Counsel Can Make The Case For Settling Early

  

  Following the recent settlement in McDonald's v. Easterbrook, in-house counsel should consider decision-tree analyses and values-driven communications plans to secure effective, early resolutions in litigation, saving time and money and moving the company mission forward, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at The Torrenzano Group.

• To Retain Talent, GCs Should Prioritize Mission Statements

  

  With greater legal demands and an increasing number of workers resigning during the pandemic, general counsel should take steps to articulate their teams' values in departmental mission statements, which will help them better prioritize corporate values and attract and retain talent, says Catherine Kemnitz at Axiom.

• US Should Broaden Visa Interview Waivers Amid Pandemic

  

  To help ease processing delays, the U.S Department of State and Biden administration should encourage consular posts to implement recently expanded in-person interview waivers for nonimmigrant visa applicants, and extend the policy to include certain immigrant visa applications, says Dominique Pando Bucci​ at Kurzban Kurzban.

• Top 10 Whistleblowing And Retaliation Events Of 2021

  

  Last year's most important whistleblower developments will likely reverberate into 2022 and beyond, with key court rulings and legislative advancements poised to expand protections, and a record-breaking amount of awards issued by the U.S. Securities and Exchange Commission likely to incentivize more information sharing, say Steven Pearlman and Pinchos Goldberg at Proskauer.

• Bid Protest Spotlight: Nonpublic Info, Brand Names, Prejudice

  

  In this month's bid protest roundup, Roke Iko at MoFo discusses three decisions from the U.S. Government Accountability Office and the Federal Circuit, which shed light on the risks of involving former government employees with nonpublic information in the proposal process, requirements for brand-name justification, and when a presumption of prejudice exists.

• Mitigating Risks In Virtual Work Immigration Programs

  

  As the pandemic accelerates a global shift in immigration policy objectives from boosting tourism toward long-term economic growth, to the benefit of remote workers, employers must implement solid risk mitigation tactics that track evolving requirements that already varied from country to country, says Nofisatu Mojidi at Fragomen.