Expert Analysis

• FLSA Ruling Highlights Time Compensability Under State Law

  

  While the Third Circuit's August decision in Tyger v. Precision Drilling endorsed the prevailing standard among federal courts regarding time compensability under the Fair Labor Standards Act, it also serves as a reminder that state laws will often find a broader range of activities to be compensable, say Ryan Warden and Craig Long at White and Williams.

• 5 DOJ Enforcement Priorities To Note From Recent Remarks

  

  Principal Associate Deputy Attorney General Marshall Miller’s recent speech provided a glimpse into the U.S. Department of Justice’s corporate criminal enforcement priorities — from national security concerns to mergers and acquisitions — with takeaways for companies’ compliance programs, say Joseph Jay and Jennifer Le at Sheppard Mullin.

• 5th Circ. Ruling Reminds Attys That CBP Can Search Devices

  

  The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.

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  ESG Around The World: European Union

  

  As the EU makes ESG regulation a priority, companies — both those based in the EU and others just doing business there — need to keep abreast of myriad new legislation that has either already taken effect or will in the near future, as noncompliance could result in fines, damages and director liability, say attorneys at Steptoe & Johnson.

• Greenwashing And 'Greenhushing': Lessons For Fashion Cos.

  

  While fashion companies continue to pursue improvements in the environmental impacts of the clothing they produce, they might be wise to note how businesses in other industries have attracted litigation over alleged greenwashing, and consider playing down environmental claims — a phenomenon known as "greenhushing," says Christopher Cole at Katten.

• Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees

  

  The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.

• Energy Trading Cos. Must Review Electronic Comms Policies

  

  After recent enforcement actions by U.S. and U.K. regulators against energy trading firms — and with the possibility of action by the Federal Energy Regulatory Commission looming — companies involved in energy markets must take steps to review and strengthen electronic communications protocols, say Tanya Bodell and Christopher Hoyle at StoneTurn.

• How Investors Can Seize Renewables Opportunities In RE

  

  As governments and stakeholders increasingly focus on sustainability in the real estate sector, investors could capture significant upside by implementing an operational real estate strategy focused on renewable energy sources, say attorneys at Goodwin.

• Why Calif. Applying Del. Caremark Standard Is A Big Deal

  

  A California court of appeal’s recent Kanter v. Reed ruling, which found for the first time that Delaware's Caremark standard is consistent with California law, demonstrates the importance of creating and using board-level reporting mechanisms that fulfill oversight duties, say attorneys at Morgan Lewis.

• What Large Language Models Mean For Document Review

  

  Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.

• Checking In On How SuperValu Has Altered FCA Litigation

  

  Four months after the U.S. Supreme Court's ruling in U.S. ex rel. Chutte v. SuperValu, the decision's reach may be more limited than initially anticipated, with the expansion of the scienter standard counterbalanced by some potential defense tools for defendants, say Elena Quattrone and Olivia Plinio at Epstein Becker.

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  Participating In Living History Makes Me A Better Lawyer

  

  My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.

• How Attys Can Weather The Next Disaster Litigation Crisis

  

  On the heels of a number of damage catastrophes and ensuing litigation this summer alone, attorneys must recognize that it’s a matter of when, not if, the next disaster — whether natural or artificial — will strike, and formulate plans to minimize risks, including consolidating significant claims and taking remedial measures, says Mark Goldberg at Cosmich Simmons.

• Opinion

  Private Equity Owners Can Remedy Law Firms' Agency Issues

  

  Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

• UN Climate Summit: What To Watch For In Dubai

  

  The upcoming 28th Conference of the Parties of the United Nations Framework Convention on Climate Change, or COP28, may be remembered as a turning point in the emerging low-carbon economy — but only if conference commitments are successfully translated into new laws, business practices and financial support, say attorneys at DLA Piper.