Expert Analysis

• Evaluating Workplace Accommodations For Service Animals

  

  In Bennett v. Hurley Medical Center, a Michigan federal court ruled in favor of the hospital after a nursing intern filed a disability discrimination lawsuit regarding her service dog, highlighting the importance of engaging in interactive processes and individualized actions in workplace accommodation decisions, say Keith Anderson and Anne Yuengert at Bradley Arant.

• Justices' MoneyGram Opinion Could Spur State Legislation

  

  The U.S. Supreme Court’s recent decision that federal law governs the escheatment of over $250 million in unclaimed MoneyGram checks provides clarity for some issuers, but aspects of related common law remain uncertain and states may take the opportunity to pass multistate escheatment legislation, say attorneys at Alston & Bird.

• Justices Leave Questions Open On Dual-Purpose Atty Advice

  

  The U.S. Supreme Court's recent dismissal of In re: Grand Jury on grounds that certiorari was improvidently granted leaves unresolved a circuit split over the proper test for deciding when attorney-client privilege protects a lawyer's advice that has multiple purposes, say Susan Combs and Richard Kiely at Holland & Hart.

• 3 Emerging Legal Risks For Hospital-At-Home Programs

  

  Given the massive recent expansions of the hospital-at-home model and its potential to fundamentally shift the way inpatient facilities deliver services, health providers considering long-term adoption should learn to navigate competing state and federal requirements designed for traditional hospital admission, say Devin Cohen and Brett Friedman at Ropes & Gray.

• A Chance For High Court To Resolve Superfund Circuit Split

  

  If it agrees to hear Georgia-Pacific v. NCR, the U.S. Supreme Court could provide much-needed clarity regarding the Comprehensive Environmental Response, Compensation and Liability Act’s statute of limitations, as the circuit courts' varying interpretations will have immense consequences applied to real-world issues such as the recent Ohio train derailment, says James Skyles at Skyles Law.

• Steps Lawyers Can Take Following Involuntary Terminations

  

  Though lawyers can struggle to recover from involuntary terminations, it's critical that they be able to step back, review any feedback given and look for opportunities for growth, say Jessica Hernandez at JLH Coaching & Consulting and Albert Tawil at Lateral Hub.

• 5 Ways Fed Crypto Statement Affects State Member Banks

  

  Although driven by concerns about state member banks' crypto-asset activities, the Federal Reserve System's recent policy statement could also affect activities of uninsured state member banks, such as trust companies, and may even extend to state banks' noncrypto activities, say attorneys at K&L Gates.

• High Court Ax Of Atty-Client Privilege Case Deepens Split

  

  The U.S. Supreme Court's recent dismissal of In re: Grand Jury as improvidently granted maintains a three-way circuit split on the application of attorney-client privilege to multipurpose communications, although the justices have at least shown a desire to address it, say Trey Bourn and Thomas DiStanislao at Butler Snow.

• 3 Job Satisfaction Questions For Partners Considering Moves

  

  The post-pandemic rise in legal turnover may cause partners to ask themselves what they really want from their workplace, how they plan to grow their practice and when it's time to make a move, says Patrick Moya at Quaero Group.

• 4 Exercises To Quickly Build Trust On Legal Teams

  

  High-performance legal teams can intentionally build trust through a rigorous approach, including open-ended conversations and personality assessments, to help attorneys bond fast, even if they are new to the firm or group, says Ben Sachs at the University of Virginia School of Law.

• 8 Steps To Improve The Perception Of In-House Legal Counsel

  

  With the pandemic paving the way for a reputational shift in favor of in-house corporate legal teams, there are proactive steps that legal departments can take to fully rebrand themselves as strong allies and generators of value, says Allison Rosner at Major Lindsey.

• Procedure Rule 7.1 Can Simplify Litigators' Diversity Analysis

  

  A recent amendment to Federal Rule of Civil Procedure 7.1 will help trial courts determine whether the parties to a case are diverse, and may also allow litigators to more quickly determine whether they can remove certain cases to federal court, says Steve Shapiro at Schnader Harrison.

• 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.

• Employer Tips As EEOC Urges Return To Low Retaliation Bar

  

  In light of recent U.S. Equal Employment Opportunity Commission pressure on courts to return to the low employer retaliation threshold the U.S. Supreme Court set in Burlington Northern v. White in 2006, companies should take precautionary measures before considering disciplinary actions against employees, say Denise Giraudo and Maryam Gueye at Sheppard Mullin.

• Higher Ed Can't Recycle Cannabis Policies For Psychedelics

  

  As efforts to legalize and decriminalize psychedelic substances proliferate, higher education must recognize the nuanced legal issues that distinguish these drugs from cannabis, and consider a unique approach to the possession, use and research of psychedelics on campus, say attorneys at Saul Ewing.