Expert Analysis

• 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.

• False Ad Takeaways From Toss Of Suit Against Giants, Jets

  

  The recent dismissal of a proposed false advertising class action against the NFL, the New York Giants and Jets, and MetLife Stadium shows how federal courts often bring a fair degree of skepticism to these types of suits, and that advertising claims shouldn't be judged in isolation, says Jeffrey Greenbaum at Frankfurt Kurnit.

• The Discipline George Santos Would Face If He Were A Lawyer

  

  Rep. George Santos, who has become a national punchline for his alleged lies, hasn't faced many consequences yet, but if he were a lawyer, even his nonwork behavior would be regulated by the American Bar Association's Model Rules of Professional Conduct, and violations in the past have led to sanctions and even disbarment, says Mark Hinderks at Stinson.

• A Litigation Move That Could Conserve Discovery Resources

  

  Bennett Rawicki at Hilgers Graben proposes the preliminary legal opinion procedure — seeking a court's opinion on a disputed legal standard at the outset, rather than the close, of discovery — as a useful resource-preservation tool for legally complex, discovery-intensive litigation.

• Litigators Should Approach AI Tools With Caution

  

  Artificial intelligence tools like ChatGPT hold potential to streamline various aspects of the litigation process, resulting in improved efficiency and outcomes, but should be carefully double-checked for confidentiality, plagiarism and accuracy concerns, say Zachary Foster and Melanie Kalmanson at Quarles & Brady.

• Recession Or Not, Elevated Restructuring Activity Is Coming

  

  2023 is set up to be a strong year for corporate distress and reorganization, recession withstanding, but it may not be the blowout year that some are expecting — depending on whether the Fed continues its inflation fight and whether sponsors can go all out to defend investments, says Michael Eisenband at FTI Consulting.

• 5th Circ. Confidential Witness Ruling Is A Big Change

  

  The Fifth Circuit's recent ruling in Oklahoma Firefighters Pension and Retirement System v. Six Flags that confidential witness claims can be sufficient to establish scienter is a significant message that anonymous witness allegations should be credited, and plaintiffs should feel more confident including these claims in their securities fraud complaints, say James Christie and David Saldamando at Labaton Sucharow.

• 5 Ways Attorneys Can Use Emotion In Client Pitches

  

  Lawyers are skilled at using their high emotional intelligence to build rapport with clients, so when planning your next pitch, consider how you can create some emotional peaks, personal connections and moments of magic that might help you stick in prospective clients' minds and seal the deal, says consultant Diana Kander.

• 5 Keys To A Productive Mediation

  Excerpt from Practical Guidance

  

  Cortney Young at ADR Partners discusses factors that can help to foster success in mediation, including scheduling, preparation, managing client expectations and more.

• How Attys Can Prep Latin American Brands For US Entry

  

  Attorneys representing Latin American franchise systems entering the U.S. in 2023 should craft a careful strategy built around the dual-regulatory franchise scheme, intellectual property protection and other laws that may affect franchising, says Marc Lieberstein at Kilpatrick.