Expert Analysis

• Series

  The Future Of Legal Ops: Time To Get Serious About Data

  

  Most corporate legal departments collect surface-level data around their operations, such as costs and time to resolution, but legal leaders should explore more in-depth data gathering to assess how effective an attorney was, how efficiently legal work was performed, and more, says Andy Krebs at Intel.

• Mass. Ruling Reduces Employers' Overtime Exposure Risks

  

  A Massachusetts court's recent decision in Devaney v. Zucchini Gold, holding that employees whose overtime claims rest solely on the Fair Labor Standards Act cannot recover greater remedies under state law, reduces liability for employers in the state, and guides on overtime calculations and record-keeping duties, say attorneys at Morgan Lewis.

• Cannabis Moneyball Has Begun, And The Game Is Heating Up

  

  The burgeoning cannabis industry is much like baseball in its early years, with several state players working to come online, and rules being hammered out by state and federal regulators — though it will take some strategic moneyball for the industry to grow market share, earn customer loyalty and make it to home base, say John Oberle and Kristina Dahmann at Ice Miller.

• Opinion

  ABA Isn't Giving Up On Diversity Efforts By Ending CLE Rule

  

  While some view the American Bar Association’s elimination of continuing legal education diversity requirements as capitulating to a Florida Supreme Court decision against the mandate, it was a strategic decision to serve Florida members while improving diversity, equity and inclusion efforts in other ways, says Tiffani Lee at Holland & Knight.

• How To Protect Health Care Trade Secrets With Covenants

  

  Post-employment restrictive covenants such as noncompetes are an effective way for health companies to protect confidential information and trade secrets, but employers must be cognizant of the rapidly changing state laws governing the enforceability of such agreements, say Erik Weibust and Katherine Rigby at Epstein Becker.

• Lateral Candidate Screening Steps To Prevent Bad Behavior

  

  Bullying and harassment are among the root causes of stress, anxiety and substance abuse in the legal profession, so law firms should take four actions to effectively screen lateral candidates and ensure they are not recruiting individuals who could jeopardize the well-being of their people, says Michael Ellenhorn at Decipher.

• A Look At The Legal Profession Since Murder Of George Floyd

  

  Little has changed for Black attorneys since law firms promised to combat discrimination within the profession following George Floyd's murder, but on this second anniversary of his death, law firms can recommit by adopting specific strategies that set their Black lawyers up for success, say Lisa Davis and Khasim Lockhart at Frankfurt Kurnit.

• Opinion

  NY Ruling Correctly Deems Legal Finance Docs Irrelevant

  

  A New York appeals court's recent decision in Worldview Entertainment v. Woodrow joins a growing trend of decisions denying discovery of litigation funding documents, highlighting that commercial legal finance should be treated just like any other financing in commercial litigation, says Andrew Cohen at Burford Capital.

• 2 High Court Rulings Complicate Gov't Regulation Of Speech

  

  The U.S. Supreme Court's recent decisions in City of Austin v. Reagan National Advertisements of Austin and Shurtleff v. City of Boston both highlight the complexity of the ever-evolving framework that government officials must use when attempting to regulate speech, say Brady Wilson and Justin Burns at Dinsmore.

• Employer Travel Benefits Options For Abortion Care Post-Roe

  

  Given the likelihood that Roe v. Wade will be overturned, and with the proliferation of state legislation restricting abortion access, employers may want to consider the legal implications of several options to expand travel reimbursement benefits for employees who seek abortion services, say Danita Merlau and Ben Conley at Seyfarth.

• Opinion

  More Regulation Is Needed In US Fertility Industry

  

  Though states have made some progress in recent years, the U.S. fertility industry remains plagued by widespread fraud and legal loopholes that must be addressed with legislation to bolster protections for patients and children conceived through reproductive technology, says Rachel Wexler at Trachman Law Center.

• Overcommunicate With Your Summer Associates This Year

  

  2022 summer associates have had limited opportunities for professional interactions due to the pandemic, so supervising attorneys should prioritize intentional overcommunication by emphasizing importance of tone and content of emails, sharing feedback immediately, and more, says Julie Schrager at Faegre Drinker.

• Nev. Case Highlights Settlement Authority Dilemmas For Cos.

  

  A Nevada federal court's recent decision in Ceja v. The Vons Companies illustrates the pitfalls of misinterpreting a court order requiring a representative with full settlement authority to be present at negotiations, and is a reminder to consider that courts differ as to what full settlement authority means in practice, says Richard Mason at MasonADR.

• How New Bill May Affect Enforcement Of Mass. Wage Laws

  

  It would be difficult to overstate the potential impact of Massachusetts' proposed wage law legislation, which would expand liability for wage theft and enhance enforceability of the commonwealth's wage statutes, say attorneys at Seyfarth.

• The Fastest Federal Trial Courts: A Look At Virginia, Florida

  

  The Eastern District of Virginia rocket docket and the Northern District of Florida were last year’s fastest civil trial courts in the nation, and interviews with two of their judges reveal they have some of the same practices to keep litigation moving efficiently, says Robert Tata at Hunton.