Expert Analysis

• Lawyer Discernment Is Critical In The World Of AI

  

  In light of growing practical concerns about risks and challenges posed by artificial intelligence, lawyers' experience with the skill of discernment will position them to help address new ethical and moral dilemmas and ensure that AI is developed and deployed in a way that benefits society as a whole, says Jennifer Gibbs at Zelle.

• Don't Forget Alumni Engagement When Merging Law Firms

  

  Neglecting law firm alumni programs after a merger can sever the deep connections attorneys have with their former firms, but by combining good data management and creating new opportunities to reconnect, firms can make every member in their expanded network of colleagues feel valued, say Clare Roath and Erin Warner at Troutman Pepper.

• Without Stronger Due Diligence, Attys Risk AML Regulation

  

  Amid increasing pressure to mitigate money laundering and terrorism financing risks in gatekeeper professions, the legal industry will need to clarify and strengthen existing client due diligence measures — or risk the federal regulation attorneys have long sought to avoid, says Jeremy Glicksman at the Nassau County District Attorney’s Office.

• Every Lawyer Can Act To Prevent Peer Suicide

  

  Members of the legal industry can help prevent suicide among their colleagues, and better protect their own mental health, by learning the predictors and symptoms of depression among attorneys and knowing when and how to get practical aid to peers in crisis, says Joan Bibelhausen at Minnesota Lawyers Concerned for Lawyers.

• DUI Liability Ruling Affirms SC Isn't Direct Action-Friendly

  

  The Supreme Court of South Carolina's recent decision in Denson v. National Casualty not only clarifies the state's jurisprudence surrounding private rights of action and negligence per se, but also tacitly reinforces that South Carolina is not a direct-action state, say Anna Cathcart and Turner Albernaz at Phelps Dunbar.

• Building On Successful Judicial Assignment Reform In Texas

  

  Prompt action by the Judicial Conference could curtail judge shopping and improve the efficiency and procedural fairness of the federal courts by implementing random districtwide assignment of cases, which has recently proven successful in Texas patent litigation, says Dabney Carr at Troutman Pepper.

• Opinion

  Now Is The Time For Independent Industry Self-Regulation

  

  The high level of trust in business, coupled with the current political and legal landscape, provides an opportunity for companies to play a meaningful role in finding solutions to public policy issues through the exploration of independent industry self-regulation models, says Eric Reicin at BBB National Programs.

• Cities Should Explore Minn. Municipal Alcohol Store Model

  

  Minnesota’s unique alcohol control model that functions at the municipal level may be worth exploring for cash-strapped cities looking for an additional stream of revenue, though there may be community pushback, say Louis Terminello and Bradley Berkman at Greenspoon Marder.

• AmEx Ruling Proves A Double-Edged Sword In Labor Antitrust

  

  Though the U.S. Supreme Court's 2018 decision in Ohio v. American Express was a defense victory, both the plaintiff and defense bars have learned to use the case's holdings to their advantage, with particularly uncertain implications for labor antitrust cases, say Lauren Weinstein and Robert Chen at MoloLamken.

• Peephole Cam Case Lowers The Bar On NY Negligence Claims

  

  A New York state appeals court's recent decision in Brown v. New York Design Center is significant because, barring a contrary state high court ruling, claims of negligent infliction of emotional distress need not demonstrate extreme and outrageous conduct, which could result in an uptick in such claims, say attorneys at Cahill Gordon.

• Do Videoconferences Establish Jurisdiction With Defendants?

  

  What it means to have minimum contacts in a foreign jurisdiction is changing as people become more accustomed to meeting via video, and defendants’ participation in videoconferencing may be used as a sword or a shield in courts’ personal jurisdiction analysis, says Patrick Hickey at Moye White.

• Opinion

  Humanism Should Replace Formalism In The Courts

  

  The worrying tendency for judges to say "it's just the law talking, not me" in American decision writing has coincided with an historic decline in respect for the courts, but this trend can be reversed if courts develop understandable legal standards and justify them in human terms, says Connecticut Superior Court Judge Thomas Moukawsher.

• Employment-Related Litigation Risks Facing Hospitality Cos.

  

  A close look at recent hospitality industry employment claims highlights key issues companies should keep an eye out for, and insurance policy considerations for managing risk related to wage and hour, privacy, and human trafficking claims, say Jan Larson and Huiyi Chen at Jenner & Block.

• What Could Lie Ahead For Prop 22 After Calif. Appellate Ruling

  

  On the heels of a California appeals court’s recent decision to uphold Proposition 22 — which allows gig companies to classify workers as independent contractors — an analysis of related rulings and legislation over the past five years should provide context for the next phase of this battle, says Rex Berry at Signature Resolution.

• How Bank Turmoil Is Affecting Real Estate Purchases, Sales

  

  The new uncertainty in the availability of financing from bank lenders that were previously considered "money good," spurred by the bank crisis, has inserted a wrinkle in the commercial real estate market that alters some of the dynamics between a buyer and seller, says Simran Bindra at Thompson Coburn.