Expert Analysis

• Georgia-Pacific Ruling Furthers Texas Two-Step Challenges

  

  With its recent ruling in the case of Bestwall, barring asbestos injury litigation against nondebtor Georgia-Pacific, the Fourth Circuit joins a growing body of courts addressing the Texas Two-Step's legality, fueled by concerns over the proper use of bankruptcy as a tool for addressing such claims, says George Singer at Holland & Hart.

• What 6th Circ. Ruling May Portend For PFAS Coverage Cases

  

  The Sixth Circuit's recent decision in Admiral Insurance v. Fire-Dex, rejecting the insurer's attempt to avoid coverage, shows that federal courts may decline to resolve novel PFAS state-law issues, and that insurers may have less confidence than originally intimated in the applicability of the pollution exclusion to PFAS claims, say attorneys at Hunton.

• Legal Profession Must Do More For Lawyers With Disabilities

  

  At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.

• A Look At Section 230 After High Court's Refusal To Clarify

  

  In light of the U.S. Supreme Court's declining to address Section 230 in a group of actions against major social media platforms, website operators and their counsel should err on the side of caution when engaging with or verifying users' content, say Neusha Etemad and Anne Marie Ellis at Buchalter.

• Opinion

  Appellate Funding Disclosure: No Mandate Is Right Choice

  

  The Advisory Committee on Appellate Rules' recent decision, forgoing a mandatory disclosure rule for litigation funding in federal appeals, is prudent, as third-party funding is only involved in a minuscule number of federal cases, and courts have ample authority to obtain funding information if necessary, says Stewart Ackerly at Statera Capital.

• Opinion

  ALI's Medical-Monitoring Proposal May Encourage Claims

  

  If the American Law Institute's Third Restatement of Torts is updated to embrace a minority view regarding claims for medical monitoring in the absence of present bodily harm, it would raise a number of troubling issues and accelerate the already rising rate of such claims, say attorneys at K&L Gates.

• Paltrow Win Offers Lesson In Celebs Staying On Brand At Trial

  

  Gwyneth Paltrow was recently cleared of liability for a ski collision by a Utah state jury, demonstrating why lawyers should consider the public's preexisting perception of a high-profile client and not be afraid to leverage it at trial, even if a celebrity’s persona is unrelatable, say attorneys at Winston & Strawn.

• When Challenging OSHA Violations Is Worth the Effort

  

  Though employers may balk at the expense of challenging Occupational Safety and Health Administration citations, three recent post-trial orders from the Occupational Safety and Health Review Commission show that fighting penalties can prevent long-term damage to business operations and reputation, say Melanie Paul and Kristina Vaquera at Jackson Lewis.

• Next Steps For Ill. Tort Defendants After Cotton V. Coccaro

  

  While an Illinois appeals court's ruling in Cotton v. Coccaro recently upheld the constitutionality of the state's law imposing prejudgment interest in personal injury and wrongful death actions, defendants can still raise constitutional challenges to the law pending Illinois Supreme Court review, says Melissa Murphy-Petros at Wilson Elser.

• How Attys Can Avoid Exposing Their Firms To Cyberattacks

  

  Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.

• What Purdue Ch. 11 Means For Future Of Third-Party Releases

  

  The Second Circuit’s highly anticipated ruling approving Purdue Pharma’s bankruptcy plan establishes stringent factors that lower courts must consider before approving nonconsensual third-party releases, but the circuit split on the matter means the issue is far from resolved, say Gregory Hesse and Kollin Bender at Hunton.

• Virginia 'Rocket Docket' Slowdown Is Likely A Blip

  

  After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.

• Diacetyl Jury Verdicts Fuel Continued Flavoring Litigation

  

  As litigation concerning widely used flavoring ingredients, especially diacetyl, has grown — targeting manufacturers of products ranging from microwave popcorn to e-cigarettes — and recent trials have resulted in plaintiff verdicts, it is important for companies to review all flavors used in their products, and the regulations that apply, says Jennifer Steinmetz at Tucker Ellis.

• 5 Management Tips To Keep Law Firm Merger Talks Moving

  

  Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.

• The Texas Two-Step May Be Losing Steam

  

  The Texas Two-Step is a powerful bankruptcy strategy that has been used in recent high-profile cases, including Johnson & Johnson’s talc unit bankruptcy case, but ongoing debate and legal challenges raise the question of whether this maneuver is losing reliability, say Brendan Best and Justin Allen at Varnum.