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Expert Analysis
Law School's Missed Lessons: Networking 101
Cultivating a network isn't part of the law school curriculum, but learning the soft skills needed to do so may be the key to establishing a solid professional reputation, nurturing client relationships and building business, says Sharon Crane at Practising Law Institute.
Defeating Estoppel-Based Claims In Legal Malpractice Actions
State supreme court cases from recent years have addressed whether positions taken by attorneys in an underlying lawsuit can be used against them in a subsequent legal malpractice action, providing a foundation to defeat ex-clients’ estoppel claims, says Christopher Blazejewski at Sherin and Lodgen.
Digital Asset Treasury Trend Signals Wider Crypto Embrace
While digital asset treasuries are not new for U.S. public companies, the recent velocity of capital deployment in such investments has been notable, signaling a transformation in corporate treasury management that blurs the lines between traditional finance and the broader crypto ecosystem, say attorneys at DLA Piper.
AG Watch: DC Faces Congressional Push To End Elected Role
Given the current structural tension between D.C.'s local autonomy and congressional plenary power, legal and business entities operating in the district should maintain focus on local enforcement gaps, and monitor the legislative process closely, says Lauren Cooper at Hogan Lovells.
Lessons From 7th Circ. Decision Affirming $183M FCA Verdict
The Seventh Circuit's decision to uphold a $183 million False Claims Act award against Eli Lilly engages substantively with recurring materiality and scienter questions and provides insights into appellate review of complex trial court judgments, say Ellen London at London & Naor, Li Yu at Bernstein Litowitz and Kimberly Friday at Osborn Maledon.
Drafting For Distress: D&O Policy Tips Ahead Of Ch. 11 Filings
Considering recent bankruptcy statistics and the economic climate, now is a good time for companies to revisit their directors and officers liability insurance coverage, as understanding how these programs are structured and which terms matter at placement or renewal can materially improve protection for leaders of a distressed company, say attorneys at Reed Smith.
What To Do If A Retirement Plan Participant Is Deported
Given recent immigration policy changes in the U.S., many businesses are experiencing employee deportations, but retirement plan administrators should still pay and report benefits to avoid violating the plan, the Employee Retirement Income Security Act or tax reporting requirements, says Teri King at Smith Gambrell.
The Legal Issues With AI Agents In Consumer Transactions
Enabling artificial intelligence agents to handle not just research and recommendations, but the execution of purchases themselves, fundamentally alters commercial relationships and introduces new practical and legal questions for card issuers, merchants, acquirers and consumers, say attorneys at Davis Wright.
Breaking Down Article 12 Of The Uniform Commercial Code
Thirty-two states and the District of Columbia have enacted Article 12 of the Uniform Commercial Code, providing the alternative to perfection by control of assets like cryptocurrency and nonfungible tokens, but before accepting these assets as collateral, lenders and creditors should consider how to best maintain priority, say attorneys at Miller Nash.
Questions To Ask Inventors Before Drafting AI Patents
Practitioners should use interview questions tailored to help inventors articulate the patentable aspects of their artificial intelligence and machine learning innovations, as this can elicit information needed for a patent application to forestall indefiniteness, abstract-idea and enablement challenges, say attorneys at Marshall Gerstein.
Why Foreign Cos. Should Prep For Increased SEC Oversight
With the recent trading suspensions of 10 foreign-based issuers listed on the Nasdaq, an enforcement action against a U.K. security-based swap dealer and the announcement of a cross-border task force, it's clear that the U.S. Securities and Exchange Commission will expand oversight on foreign companies participating in the U.S. capital markets, says Tejal Shah at Cooley.
Perspectives
3 Ways To Boost Access To Justice In NYC Small Claims Court
The New York City Small Claims Court is a critical venue for pro se litigants seeking civil justice, but the system is under strain, and three practical reforms are needed to help strengthen fairness, consistency and access, says Charles Montorio-Archer at the New York City Civil Court.
Prison Body Cams Raise Health Privacy Compliance Issues
The increasing use of prison staff body cameras to enhance transparency and safety presents correctional healthcare partners with new risk management questions where they must carefully reconcile the benefits of surveillance with the imperative to protect patient privacy, say attorneys at Gordon Rees.
How Litigating Antitrust Fix Helped GTCR Prevail In Court
An Illinois federal judge's recent denial of the Federal Trade Commission's injunction request in the GTCR acquisition of Surmodics joins a developing series of cases in which deal parties have prevailed against government antitrust challenges by proposing a post-complaint fix and litigating the as-amended deal, say attorneys at Paul Weiss.
Bid Protest Spotlight: Jurisdiction, Contractors, Mentors
Recent decisions from the U.S. Court of Federal Claims and Small Business Administration highlight the scope of Tucker Act jurisdiction over bid protests; small business contractor eligibility determinations under the ostensible subcontractor rule; and limits on continued qualification for the SBA's mentor-protégé joint venture program, says Thomas Lee at MoFo.
ITC Ruling Highlights Conflicts Hurdles For Law Firms
As supply chains become more interconnected, a recent U.S. International Trade Commission order — disqualifying a complainant's law firm for concurrently representing a third-party supplier relevant to the case — underscores the reality that conflicts may increasingly lurk within the building blocks of devices, says Matt Rizzolo at Ropes & Gray.
Wash. Email Subject Line Ruling Puts Retailers On The Hook
The Washington state Supreme Court's ruling in Brown v. Old Navy, finding that a state law prohibits misleading email subject lines, has opened the door to nationwide copycat litigation, introducing potential exposure measured not in thousands, but in millions or even billions of dollars for retailers, say attorneys at Benesch.
Courts Stay Consistent In 'Period Of Restoration' Rulings
Three recent rulings centering on the period of restoration in lost business income claims followed the same themes in interpreting this infrequently litigated, but highly consequential, provision of first-party property and time element insurance coverage, say attorneys at Zelle.
What Narrower FinCEN Reporting Spells For Industry
As compliance costs soar, the potential slimming down of the Financial Crimes Enforcement Network's anti-money laundering and countering the financing of terrorism regime is welcome news for banks, and would allow a shift in resources to ever-evolving cybercrime threats, say attorneys at Quarles & Brady.
Revisiting Jury Trial Right May Upend State Regulatory Power
Justice Neil Gorsuch’s recent use of a denial of certiorari to call for the U.S. Supreme Court to revisit whether the Seventh Amendment jury trial right extends to states, building off last year's Jarkesy ruling, could foretell a profound change in state regulators' ability to enforce penalties against regulated companies, say attorneys at Sidley.
How Nasdaq, SEC Proposals May Transform Listing Standards
Both Nasdaq and the U.S. Securities and Exchange Commission have increasingly focused their recent regulatory efforts on small and foreign issuers, particularly those from China, reflecting an intention to strengthen the overall quality of companies accessing U.S. markets, but also potentially introducing a chilling effect on certain issuers, say attorneys at Norton Rose.
Recent Rulings Show When PIPs Lead To Employer Liability
Performance improvement plans may have earned their reputation as the last stop before termination, and while a PIP may be worth considering if its goals can be achieved within a reasonable time frame, several recent decisions underscore circumstances in which they may aggravate employer liability, says Noah Bunzl at Tarter Krinsky.
Reel Justice: 'Roofman,' Modus Operandi Evidence And AI
The recent film “Roofman,” which dramatizes the real-life string of burglaries committed by Jeffrey Manchester, illuminates the legal standards required to support modus operandi evidence — which may soon become complicated by the use of artificial intelligence in crime series detection, says Veronica Finkelstein at Wilmington University School of Law.
Roundup
The Biz Court Digest
While Delaware's Court of Chancery tends to get all the headlines, the rest of the U.S. boasts a robust collection of localized business courts, where corporate disputes are regularly decided. This Law360 Expert Analysis series surveys business courts around the country, focusing on what makes them unique.
New NCAA Betting Policy Fits Trend Of Eased Restrictions
Allowing NCAA student-athletes to bet on professional sports fits into a decade-long trend of treating college athletes more like adults in a commercial system, but decreasing player restrictions translates to increased compliance burdens for schools, say attorneys at Robins Kaplan.
Special Series
My Hobby Makes Me A Better Lawyer
In this Expert Analysis series, attorneys share how their unusual extracurricular activities enhance professional development, providing insights and pointers that translate to the office, courtroom and beyond.
Adapting To Private Practice
In this Expert Analysis series, attorneys who have made the move from government work to private practice in the last few years reflect on how they transitioned to law firm life, and discuss tips for others.
Opinion
Punitive Damages Awards Should Be Limited To 1st Instance
Recent verdicts in different cases against Johnson & Johnson and Monsanto showcase a trend of multiple punitive damages being awarded to different plaintiffs for the same course of conduct by a single defendant, a practice that should be deemed unconstitutional by the U.S. Supreme Court, says Jacob Mihm at Polales Horton.
Courts Must Continue Protecting Plaintiffs In Mass Arbitration
In recent years, many companies have imposed onerous protocols that function to frustrate plaintiffs' ability to seek justice through mass arbitration, but a series of welcome court decisions in recent months indicate that the pendulum might be swinging back toward plaintiffs, say Raphael Janove and Sasha Jones at Janove Law.
Access to Justice Perspectives
3 Ways To Boost Access To Justice In NYC Small Claims Court
The New York City Small Claims Court is a critical venue for pro se litigants seeking civil justice, but the system is under strain, and three practical reforms are needed to help strengthen fairness, consistency and access, says Charles Montorio-Archer at the New York City Civil Court.