Expert Analysis

• McDonald's Harassment Ruling And 'Mission-Critical Risk'

  

  The Delaware Chancery Court's recent decision in the McDonald's case appears to have expanded the potential for Caremark liability beyond the parameters that many legal analysts had understood to apply, finding that maintaining workplace safety is a mission-critical risk for companies but also reinforcing the high bar for that liability, say attorneys at Fried Frank.

• Justices Leave Questions Open On Dual-Purpose Atty Advice

  

  The U.S. Supreme Court's recent dismissal of In re: Grand Jury on grounds that certiorari was improvidently granted leaves unresolved a circuit split over the proper test for deciding when attorney-client privilege protects a lawyer's advice that has multiple purposes, say Susan Combs and Richard Kiely at Holland & Hart.

• Steps Lawyers Can Take Following Involuntary Terminations

  

  Though lawyers can struggle to recover from involuntary terminations, it's critical that they be able to step back, review any feedback given and look for opportunities for growth, say Jessica Hernandez at JLH Coaching & Consulting and Albert Tawil at Lateral Hub.

• High Court Ax Of Atty-Client Privilege Case Deepens Split

  

  The U.S. Supreme Court's recent dismissal of In re: Grand Jury as improvidently granted maintains a three-way circuit split on the application of attorney-client privilege to multipurpose communications, although the justices have at least shown a desire to address it, say Trey Bourn and Thomas DiStanislao at Butler Snow.

• A Look At NLRB GC's Memos On Misleading Employees

  

  The National Labor Relations Board's general counsel recently confirmed her plan to limit what she considers coercive and misleading statements by employers during union organizing drives, and provided some guidance for employers that, if recognized and followed, may keep a company out of legal trouble with the NLRB, says Rebecca Leaf at Miles & Stockbridge.

• 3 Job Satisfaction Questions For Partners Considering Moves

  

  The post-pandemic rise in legal turnover may cause partners to ask themselves what they really want from their workplace, how they plan to grow their practice and when it's time to make a move, says Patrick Moya at Quaero Group.

• 4 Exercises To Quickly Build Trust On Legal Teams

  

  High-performance legal teams can intentionally build trust through a rigorous approach, including open-ended conversations and personality assessments, to help attorneys bond fast, even if they are new to the firm or group, says Ben Sachs at the University of Virginia School of Law.

• 8 Steps To Improve The Perception Of In-House Legal Counsel

  

  With the pandemic paving the way for a reputational shift in favor of in-house corporate legal teams, there are proactive steps that legal departments can take to fully rebrand themselves as strong allies and generators of value, says Allison Rosner at Major Lindsey.

• Procedure Rule 7.1 Can Simplify Litigators' Diversity Analysis

  

  A recent amendment to Federal Rule of Civil Procedure 7.1 will help trial courts determine whether the parties to a case are diverse, and may also allow litigators to more quickly determine whether they can remove certain cases to federal court, says Steve Shapiro at Schnader Harrison.

• How Companies Could Define 'Social' In ESG Metrics

  

  While the "social" prong of environmental, social and governance criteria is still hard to evaluate, a three-tiered approach similar to the framework for tracking greenhouse gas emissions could serve as a good basis for companies to develop goals and measure progress in a uniform way, say attorneys at Jenner & Block.

• The Wide Oversight Implications Of Del. McDonald's Ruling

  

  The Delaware Chancery Court's recent ruling that a McDonald's officer had oversight obligations on par with directors has wide-reaching implications for Delaware corporate law, including precedent for the court to hear sexual harassment claims, say attorneys at Fried Frank.

• Reviewing Exec Separation Filings After McDonald's SEC Deal

  

  The U.S. Securities and Exchange Commission recently charged McDonald's and its former CEO Stephen Easterbrook with disclosure violations related to his separation from the company in 2019, offering a cautionary tale for public issuers making disclosures regarding internal investigations and executive separations, say attorneys at Ropes & Gray.

• Southwest Debacle May Spur Traveler Protection Legislation

  

  The recent stranding of countless Southwest Airlines passengers due to canceled flights could finally move Congress to advance "bill of rights" legislation for airline passengers, which has faced stiff opposition from the commercial aviation industry when previously introduced in Congress, says Roger Clark at Signature Resolution.

• Atty Conflict Discussions In Idaho Murder Case And Beyond

  

  A public defender's representation of the accused University of Idaho murderer after prior representation of a victim's parent doesn't constitute a violation of conflict of interest rules, but the case prompts ethical questions about navigating client conflicts in small-town criminal defense and big-city corporate law alike, say Hilary Gerzhoy and Charles Loeser at HWG.

• Why The Original 'Rocket Docket' Will Likely Resume Its Pace

  

  Though the Eastern District of Virginia, for decades the fastest federal trial court in the country, experienced significant pandemic-related slowdowns, several factors unique to the district suggest that it will soon return to its speedy pace, say Dabney Carr and Robert Angle at Troutman Pepper.