Expert Analysis

• Watching The Legal Sports Betting Ecosystem Take Shape

  

  The number of U.S. states getting in on the recently legalized $4.29 billion sports-betting industry is on the rise, and stakeholders must be aware that the regulatory scheme looks dramatically different from state to state, say James Johnston and Louis DiLorenzo at Davis+Gilbert.

• Make Room For Serendipity In Your Legal Job Search

  

  Landing your dream legal job gets easier when you cultivate serendipity — which involves expanding and deepening your network, while being flexible, authentic and engaged with the world around you, says Anna Sanders at VOYLegal.

• Ethics Considerations For Attorneys Joining Nonprofit Boards

  Excerpt from Practical Guidance

  

  Many charitable organizations offer attorneys board positions to benefit from their specialized legal knowledge, but there are ethical considerations and liability dangers that demand lawyers set boundaries about their roles and responsibilities, says Patrick Sturm at LexisNexis.

• Mental Health Record Discovery Lessons In Bryant Crash Suit

  

  The high-profile California federal court dispute between Kobe Bryant's widow and Los Angeles County over emotional distress is an important one for understanding the ability to use mental health records and the psychotherapist-patient privilege in a lawsuit, say Lee Brenner and Ethan Ames at Venable.

• What 'The' OSU Trademark Win Means For Businesses

  

  Ohio State University's successful argument to the U.S. Patent and Trademark Office that the word "The" is essential to its brand gives OSU the opportunity to assert its mark, and college administrators and small T-shirt business owners seeking to establish a brand or business name would do well to utilize a number of tools available to help avoid conflicts, says David Newman at Mahamedi IP.

• Opinion

  Now's The Time To Address Archaic Law School Curricula

  

  With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.

• Lessons From Lawyer Fee-Sharing Agreements Gone Wrong

  

  The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.

• LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue

  

  A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.

• Counting Down To New Year's Day Sports Betting In Ohio

  

  While Ohio's first legal sports bets can't be placed until Jan. 1, 2023, a key factor making its extended preparation period more palatable is H.B. 29's scope — broader than many states' laws — covering all commercial access points to betting, and permits betting on esports, Olympic, college and professional events, says Jake Nicholson at Roetzel & Andress.

• Depp Verdict Shows Why Va. Is Ideal Defamation Claim Venue

  

  In the wake of Depp v. Heard, it is worth noting that factors unique to Virginia — including the state's weak anti-SLAPP legislation, amenability to personal jurisdiction and limits on summary judgment for defendants — make it a favorable venue for defamation plaintiffs, say attorneys at Holland & Knight.

• Understanding Georgia's New Worker Classification Law

  

  A Georgia law taking effect next month amends the definition of employment for unemployment compensation purposes and may benefit certain technology companies, including ride-sharing and delivery services — as long as their independent contractor arrangements comply with the statute’s requirements, say Meredith Caiafa and Kelli Church at Morris Manning.

• Force Majeure Claims Amid New Supply Chain Disruptions

  

  Port tie-ups, labor shortages and other recent supply disruptions will likely prove even more difficult to assert than force majeure claims from earlier phases of COVID-19, and the better bet may be to make claims based on the pandemic, says Neil Schur at Anderson Kill.

• 8 Steps To Creating A Legal Ops Technology Road Map

  

  Legal departments struggling to find and implement the right technologies for their operations should consider creating a road map that summarizes their approach to technology changes, provides clearly defined metrics for success, and serves as the single source of truth for stakeholders, says Melanie Shafer at SimpleLegal.

• How High Court May Tackle Fair Use In Warhol Case

  

  After disappointing the technology world last year by leaving questions of copyrightability unanswered in Google v. Oracle, the U.S. Supreme Court appears primed to extend the fair use doctrine in the pending Warhol Foundation v. Goldsmith case and clarify where to draw the line between transformative use and derivative works, say Benjamin Stern and Anuj Khetarpal at Nutter.

• The Importance Of Data And Data Analysis In Litigation

  

  Understanding, analyzing and effectively presenting large data sets is an increasingly important skill in litigation as it allows plaintiffs to dramatically scale up the scope of cases and is often critical to defeating motions to dismiss and motions for summary judgment, says David Burnett at Motley Rice.