Expert Analysis

• Caregiver Flexibility Is Crucial For Atty Engagement, Retention

  

  As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.

• Standing Issues Prevail In Wake Of Calif. Competition Ruling

  

  Courts and litigants may grapple with uncertainty in the wake of the California Supreme Court's recent California Medical Association v. Aetna Health decision broadening standing to sue under the state's unfair competition law, and additional litigation will likely be required to develop its contours, say attorneys at Skadden.

• Cannabis Consumption Lounges Face Unique Liability Risks

  

  As state laws regulating cannabis consumption lounges proliferate, operators must follow certain best practices to effectively address issues like air quality concerns and California Proposition 65 warnings, says Lauren Mendelsohn at the Law Offices of Omar Figueroa.

• Hot OSHA Summer: Regulatory Activity In Full Swing

  

  Recent actions by the Occupational Safety and Health Administration — including changes to its injury and illness reporting rule, its proposal to allow nonemployee union reps to accompany OSHA inspectors, and a hazard alert on extreme heat — show that the agency's regulatory and enforcement regime remains vigorous, says Heather MacDougall at Morgan Lewis.

• What Justices' Pork Ruling Means For Interstate Cannabis

  

  The U.S. Supreme Court’s recent National Pork v. Ross ruling added a new wrinkle to dormant commerce clause jurisprudence as the nation’s federal courts grapple with a novel paradox raised by interstate cannabis commerce, and pending appellate cases may shed additional light on these issues later this year, say Tommy Tobin and Andrew Kline at Perkins Coie.

• If Justices End Chevron Deference, Auer Could Be Next Target

  

  If the U.S. Supreme Court decides next term to overrule its Chevron v. NRDC decision, it may open the door for a similar review of the Auer deference — the principle that a government agency can interpret, through application, ambiguous agency regulations, says Sohan Dasgupta at Taft Stettinius.

• In-Office Engagement Is Essential To Associate Development

  

  As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.

• Data Breach Rulings Stress Duty For Protecting Worker Data

  

  Two recent rulings from the Eleventh Circuit have restricted employers' ability to defend class action claims stemming from data breaches that target employees' personal information, highlighting the importance of cybersecurity measures that acknowledge a heightened obligation to protect workers’ data, say attorneys at Polsinelli.

• Fed. Circ. Grill Ruling Clears Up Original Patent Requirement

  

  The Federal Circuit's recent decision rejecting a floating grill company's patent reissue request clarifies the original patent requirement and offers several cautionary lessons for legal practitioners, including the need to think critically and creatively about disclosure, says Alexis Cohen at WilmerHale.

• Complex Hemp Processes Need Nimble Regulatory Approach

  

  Since the 2018 Farm Bill legalized hemp and certain hemp-derived products, THC limits have presented different issues at each stage of the complex production process, revealing the need for continued adjustments and flexible regulations as Congress deliberates the 2023 Farm Bill, says David Kouba at Arnold & Porter.

• Perspectives

  A Judge's Pitch To Revive The Jury Trial

  

  Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.

• Why Privacy And Trade Secret Law Are On A Collision Course

  

  The conflict between the legal regimes of trade secret law and data privacy law is growing as companies increasingly collect and use data about their customers, making it key for organizations to find ways to comply with both laws in order to protect their intellectual property and the privacy of their customer, says Jenny Colgate at Rothwell Figg.

• How To Recognize And Recover From Lawyer Loneliness

  

  Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.

• Opinion

  Litigation Funding Disclosure Should Be Mandatory

  

  Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.

• Recalling USWNT's Legal PR Playbook Amid World Cup Bid

  

  As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.