Expert Analysis

• 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.

• Opinion

  Threat To False Claims Act Lurks In High Court PAGA Case

  

  At Wednesday's oral arguments in Viking River Cruises v. Moriana, the U.S. Supreme Court considered whether employees may waive their right to pursue representative actions under the California Private Attorneys General Act, but the decision could imperil the future of False Claims Act qui tam actions, says R. Scott Oswald at The Employment Law Group.

• Opinion

  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.

• Opinion

  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.

• Opinion

  Ethics Principles Call For Justice Thomas Recusal On Election

  

  While the U.S. Supreme Court has provided limited guidance on when justices must recuse themselves, the rules and statutes governing judicial recusals make it clear that Justice Clarence Thomas should not rule on issues related to the Jan. 6 Capitol riot, considering his wife's involvement in efforts to overturn the 2020 election, says Hilary Gerzhoy at Harris Wiltshire.

• 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.

• A Look At Jackson's False Claims Act Jurisprudence

  

  U.S. Supreme Court nominee Ketanji Brown Jackson's rulings in two False Claims Act cases early in her judicial career show how she meticulously parses the law and pleadings to arrive at her conclusions, and hint at her position on an important federal circuit split in FCA jurisprudence, say Brad Robertson and Giovanni Giarratana at Bradley Arant.

• What High Court Vaccine Ruling Could Mean For Crypto Regs

  

  The U.S. Supreme Court's recent decision in National Federation of Independent Business v. U.S. Department of Labor to block a federal vaccine mandate indicates that it may question the reach of the federal securities laws in the context of virtual assets — and Congress should be prepared to respond in order to avoid regulatory uncertainty, says William Walsh at McGonigle.

• How To Avoid Prematurely Publicizing A Case Outcome

  

  The lessons of a recent U.K. case involving Matrix Chambers' premature social media posts that violated a court embargo are relevant in the U.S. as well, reminding law firms to ensure plans to publicize a case are shielded from accidental violations of court sealing and gag orders, says Elizabeth Ortega at ECO Strategic Communications.

• Opinion

  It's Time To Hold DC Judges Accountable For Misconduct

  

  On the heels of Thursday's congressional hearing on workplace protections for judiciary employees, former law clerk Aliza Shatzman recounts her experience of harassment by a D.C. Superior Court judge — and argues that the proposed Judiciary Accountability Act, which would extend vital anti-discrimination protections to federal court employees, should also include D.C. courts.

• Opinion

  DC Policy Debate On Competition And Antitrust Needs A Reset

  

  The Biden administration's executive order on competition hinges on the idea of overconcentration, but data shows industrial concentration is a myth, and it is serving as an excuse to overregulate, says Neil Bradley at the U.S. Chamber of Commerce.

• 4 Ways To Preserve Confidentiality Of Litigation Funding Docs

  

  Though two recent rulings by Massachusetts and Illinois federal courts add to the growing body of case law denying discovery into litigation funding arrangements, prudence necessitates that lawyers, clients and funders follow certain best practices to ensure that their communications are not discoverable by opposing parties, says Stewart Ackerly at Statera Capital.

• Restaurant Trends To Watch, 2 Years Into The Pandemic

  

  Two years after the U.S. declared a pandemic state of emergency, technology and other innovations to the restaurant industry have largely worked and are here to stay, although geopolitical factors including the war in Ukraine may challenge the supply chain, says Rhonda Parish at Taylor English.

• Rebuttal

  Remote Hearings Are Ill-Suited Default For Litigation Realities

  

  A recent Law360 guest article suggests that remote proceedings should be the default in civil litigation even after the pandemic, but courts should continue to give parties the option to appear in person because it can actually save long-term costs, prepare younger attorneys more effectively, and bring a necessary degree of seriousness to hearings, says Mark​ Eisen at Benesch Friedlander.