More Employment Coverage

Expert Analysis

• When Congress Seeks Cos.' Nonpublic Info From Regulators

  

  Increasingly, congressional investigators seek out private parties' confidential documents from the federal agencies that regulate them — and because Congress is uniquely empowered to override nondisclosure protections surrounding nonpublic information, companies must understand the rules and risks involved, say attorneys at Covington.

• Health Care Is In DOJ's Criminal Antitrust Crosshairs

  

  The U.S. Department of Justice's criminal antitrust enforcement in health care has picked up significant momentum in recent years, notably in the industry's labor market, amplifying the importance of proactive compliance programs, say Dylan Carson and Antonio Pozos at Faegre Drinker.

• Enforcement Takeaways From ABA Antitrust Meeting

  

  The American Bar Association's recent Antitrust Law Spring Meeting offers signs that the Antitrust Division of the U.S. Department of Justice will be taking on tough cases such as those involving criminal Section 2 enforcement and labor market practices, reminding businesses that they should avoid even the appearance of noncompliance, say attorneys at Perkins Coie.

• In Early Mediation, Negotiate With Empathy, Not Threats

  

  With courts encouraging early settlement conferences to tackle the COVID-19 backlog, parties should consider that authenticity, honesty and the ability to see beyond one's own talking points are far more persuasive tools than threats of a distant possible determination by a court or arbitrator, says Sidney Kanazawa at ARC.

• Addressing Problematic Drinking In The Legal Profession

  

  To curb problematic drinking, on the rise during the pandemic, legal employers should implement comprehensive responsible drinking policies that are taken seriously by firm leadership, and provide alternatives for creating a healthy workplace culture, says Anne Brafford at the Institute for Well-Being in Law.

• A Workers' Comp. Defense Refresher For Georgia Employers

  

  With workers’ compensation claims projected to increase as employees return to the workplace amid a slowing pandemic, Georgia employers and insurers should understand the available defenses under state law, including willful misconduct and intoxication, to protect against liability, say Debra Chambers and Nichole Novosel at Swift Currie.

• Justices Must Apply Law Evenly In Shadow Docket Rulings

  

  In recent shadow docket decisions, the U.S. Supreme Court has inconsistently applied the requirement that parties demonstrate irreparable harm to obtain injunctive relief, which is problematic for two separate but related reasons, says David Hopkins at Benesch.

• Tips For Negotiating Litigation Funding Agreements

  

  Allen Fagin and Ralph Sutton at Validity Finance break down the key components of litigation funding term sheets — from return calculations to funder involvement — and explain what law firm leaders should keep in mind when negotiating these provisions.

• 5 Mediation Mistakes That Create Obstacles To Settlement

  

  Overly litigious behavior ranks high among common mistakes attorneys make during mediation, as do premature ultimatums, failure to account for compounding risks, and more, say Lynn O'Malley Taylor and Rachel Gupta at JAMS.

• The Problem With GOP Attack On Jackson Immigration Ruling

  

  Republican criticism of Judge Ketanji Brown Jackson's decision in Make the Road New York v. McAleenan, halting a Trump administration immigration policy, is problematic because the ruling actually furthered the separation of powers ideals that the GOP claims to support, says Thomas Berry at the Cato Institute.

• 4 Steps USCIS Should Take To Avoid Green Card Waste

  

  U.S. Citizenship and Immigration Services should implement specific measures to increase service center efficiency, streamline records management and accelerate immigrant visa application processing to avoid wasting thousands of unused green card slots expiring at the end of the fiscal year, say Kelli Duehning and Steven Plastrik at Berry Appleman.

• 5 Ways Law Firm Leaders Can Prioritize Strategic Thinking

  

  Consultant Patrick McKenna discusses how law firm leaders can make time for strategic projects to keep pace with the rate of change in the profession today, as 24/7 technology-abetted demands mean leaders are spending less time exploring new opportunities and more time solving problems.

• Where Judge Jackson Stands On Key Civil Procedure Issues

  

  During Judge Ketanji Brown Jackson’s confirmation hearings this week, senators didn’t question her on the many procedural issues that frequently come before the U.S. Supreme Court, but a deep dive into her judicial record illuminates her stance on Article III standing, personal jurisdiction and more, says James Wagstaffe at Wagstaffe von Loewenfeldt Busch.