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Expert Analysis

• The Future Of Legal Ops: Time To Get Serious About Data

  

  Most corporate legal departments collect surface-level data around their operations, such as costs and time to resolution, but legal leaders should explore more in-depth data gathering to assess how effective an attorney was, how efficiently legal work was performed, and more, says Andy Krebs at Intel.

• Employer Considerations For Leave Donation Programs

  

  As the battle for talent continues and workers return to the office, companies may consider allowing employees to donate accrued leave time to a shared bank, but employers should first review these programs' complex design issues to comply with state laws and avoid tax consequences, says Rebecca Hudson at Holland & Hart.

• Insight Into California's Increasing Cannabis Litigation

  

  California's cannabis industry is experiencing a swirl of challenges leading to a rise in cannabis-related litigation ranging from breach of contract claims to employment disputes — but companies can take several steps to avoid these growing pains, say Alexa Steinberg and Steven Stein at Greenberg Glusker.

• 2 FCA Settlements Highlight Gov't Cyber Liability Focus

  

  Recent False Claims Act settlements with Comprehensive Health Care Services and Aerojet Rocketyne illustrate government contractors' growing cybersecurity liability, and underscore how important it is for companies to comply with new incident reporting regulations and live up to standing contractual obligations, say attorneys at O'Melveny.

• After High Court Ruling, Arbitration May Lose Its Luster

  

  The U.S. Supreme Court’s recent decision in Morgan v. Sundance, holding that prejudice is not required to waive a party’s right to arbitration, could make arbitration less desirable for defendants, compelling employers to opt for the predictability, safety and cost-effectiveness of the courts, say attorneys Richard Faulkner and Philip Loree.

• Tips For Employers Preparing For Del. Family Leave Law

  

  The recently passed Healthy Delaware Families Act guarantees paid parental, medical and military leave for private sector workers, so employers should take steps to prepare before the law takes effect in 2026, like identifying covered employees and training management, say Michael Truncellito and Monica Simmons at Buchanan Ingersoll.

• How To Protect Health Care Trade Secrets With Covenants

  

  Post-employment restrictive covenants such as noncompetes are an effective way for health companies to protect confidential information and trade secrets, but employers must be cognizant of the rapidly changing state laws governing the enforceability of such agreements, say Erik Weibust and Katherine Rigby at Epstein Becker.

• Lateral Candidate Screening Steps To Prevent Bad Behavior

  

  Bullying and harassment are among the root causes of stress, anxiety and substance abuse in the legal profession, so law firms should take four actions to effectively screen lateral candidates and ensure they are not recruiting individuals who could jeopardize the well-being of their people, says Michael Ellenhorn at Decipher.

• Preventing Workplace Violence Is Not Just For The Oscars

  

  Will Smith slapping Chris Rock at the Oscars holds important legal lessons for companies seeking to maintain a safe workplace and mitigate liability risk as occupational violence continues to rise, say Sarah Sawyer and Russell Berger at Offit Kurman.

• A Look At The Legal Profession Since Murder Of George Floyd

  

  Little has changed for Black attorneys since law firms promised to combat discrimination within the profession following George Floyd's murder, but on this second anniversary of his death, law firms can recommit by adopting specific strategies that set their Black lawyers up for success, say Lisa Davis and Khasim Lockhart at Frankfurt Kurnit.

• 5th Circ. Ruling Guides On Noncompete Agreement Timing

  

  The Fifth Circuit’s recent decision in Rouses Enterprises v. Clapp, holding that an employment relationship must be official before an employee is required to sign a noncompete agreement, highlights employer best practices for drafting and executing restrictive covenants that are enforceable under varying state laws, says Andrew Albritton at McGlinchey Stafford.

• NY Ruling Correctly Deems Legal Finance Docs Irrelevant

  

  A New York appeals court's recent decision in Worldview Entertainment v. Woodrow joins a growing trend of decisions denying discovery of litigation funding documents, highlighting that commercial legal finance should be treated just like any other financing in commercial litigation, says Andrew Cohen at Burford Capital.

• Addressing Low Response Rates In Expert Surveys

  

  While expert witnesses are receiving dwindling responses to the surveys they conduct to gauge public beliefs and attitudes, recent cases show that a low response rate need not make a survey inadmissible in court, say Kristen Backor and Yamimi Jena at Charles River Associates, and Brandon Duke at Winston & Strawn.