Expert Analysis

• The Issues Shaping Labor Market Antitrust Litigation In 2023

  

  Questions about whether traditional antitrust analysis should apply to labor market abuses will continue to define litigation over agreements restricting employment this year, as courts grapple with the sufficiency of pleadings, parties' evidentiary burdens, affirmative defenses and jury instructions, say Manly Parks and Randy Kim at Duane Morris.

• Del. Justices' Reversal Of Boardwalk Award May Apply Widely

  

  The Delaware Supreme Court's recent Boardwalk Pipeline v. Bandera Master Fund decision that a general partner wasn't liable for willful misconduct is likely to have wide applicability for noncorporate entities, which courts are unlikely to view as entitled to more protection than Boardwalk's public unit holders, say attorneys at Fried Frank.

• 5 Tips For Adding Value To Legal Clients' Experience In 2023

  

  Faced with a potential economic downturn this year, attorneys should look to strengthen client relationships now by focusing on key ways to improve the client experience, starting with a check-in call to discuss client needs and priorities for the coming year, say attorneys at Troutman Pepper.

• A Tumultuous 2022 For CRE And What Comes Next

  

  The year 2022 was one of unexpected challenges for the commercial real estate industry, including war in Ukraine and rising inflation, but despite lingering effects of certain factors, there is reason to hope that activity will pick up later this year, says Bonnie Neuman at Cadwalader.

• 6 Ways To Avoid Compounding Errors When Practicing Law

  

  For lawyers and law firms, inevitable human error can lead to claims of malpractice or ethical violations, but the key is to avoid exacerbating mistakes by adding communication failures, conflicts of interest or insurance coverage losses, says Mark Hinderks at Stinson.

• State AGs May Double Down On Bipartisan Issues In 2023

  

  In 2023, state attorneys general may focus increasingly on bipartisan issues that affect their constituents on a daily basis — including privacy, competition and consumer protection — following the zero net change among the partisan divide of state attorneys general last year, says Stephen Cobb at Holland & Knight.

• What Will Keep Legal Talent Professionals Up At Night In 2023

  

  Hybrid work environments, high demand for lateral hires and a potential slowdown of the economy defined 2022 in the always-busy marketplace for legal talent, and as BigLaw looks at the year ahead, there are five major sources of concern for the teams charged with securing and retaining that talent, say advisers at Baretz+Brunelle.

• The Most-Read Legal Industry Law360 Guest Articles Of 2022

  

  A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from the "great resignation" to potential expansion of attorney-client privilege.

• What 3 Legal Industry Trends From 2022 Mean For Next Year

  

  Kate Reder Sheikh at Major Lindsey & Africa looks back on the year in legal recruiting, including practice areas that saw the most movement, which regions seemed most ripe for new office openings and who was promoted to partner, and makes some look-ahead predictions for 2023.

• Learning From This Year's Legal Industry Discrimination Suits

  

  To limit the risk of lawsuits and make the workplace a more welcoming environment for female attorneys, it is important to reflect on lawyers' recent discrimination and sexual harassment claims against law firms and public employers, says Hope Comisky at Griesing Law.

• Series

  The Future Of Legal Ops: AI Has Important Role To Play

  

  Though the debut of OpenAI's ChatGPT has prompted some fears about negative impact on lawyers, artificial intelligence technology can be a powerful tool for legal operations professionals if used effectively to augment their work, say Justin Ben-Asher and Gwendolyn Renigar at Steptoe, and Elizabeth Matthews at TotalEnergies.

• 4 Proactive Strategies For 'Rocket Docket' Discovery In SDNY

  

  With more than half of Southern District of New York judges now allowing four or fewer months for fact discovery, civil litigators in this aspiring "rocket docket" jurisdiction should prioritize case management methods that make the most of this compressed timeline, say Jaclyn Grodin and Nicholas Cutaia at Goulston & Storrs.

• Pa.'s Changing Employment Laws In 2022 And Beyond

  

  With pandemic concerns no longer drowning out other topics in Pennsylvania employment law, 2022 instead saw a variety of worker-friendly changes introduced at the state and local levels, a trend that may continue to grow in 2023 under Gov.-elect Josh Shapiro, say J.T. Holt and Claire Throckmorton at Reed Smith.

• A High-Profile Year For The WARN Act

  

  The Worker Adjustment and Retraining Notification, or WARN, Act, received an uncharacteristic amount of attention in 2022, which saw the resolution of several earlier filed pandemic-related cases and a nascent class action filed by former Twitter employees, say Tyler Hendry and Barbara Roth at Herbert Smith.

• Opinion

  Increasing Law Firm Polarization Will Degrade Rule Of Law

  

  As evidenced in recent instances of law firms separating from attorneys who represented certain industries or espoused certain views, firms and the legal practice itself have grown troublingly polarized and intolerant of dissent, says Rebecca Roiphe at New York Law School.