Expert Analysis

• Perspectives

  How Attorneys Can Help Combat Anti-Asian Hate

  

  Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.

• Opinion

  Congress Needs To Enact A Federal Anti-SLAPP Statute

  

  Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.

• Dealing With Dogmatic Jurors: Voir Dire And Trial Strategies

  

  Dogmatic jurors — whose rigid reliance on external authority can inhibit accurate, objective decision making — may be both good and bad for plaintiffs and defense counsel, so attorneys should understand how to identify such jurors in voir dire and how to meet them where they are during trial, say consultants at Courtroom Sciences.

• Opinion

  Federal Restrictions On Phthalates Are Long Overdue

  

  The health risks of phthalates — chemicals used to increase the durability and flexibility of plastics, and found in hundreds of household products — have been known for decades, so the lack of comprehensive federal policies restricting their use is a problem, given the compelling warnings of their hazards, says Vineet Dubey at Custodio & Dubey.

• USDA Salmonella Proposal Propels New Food Safety Journey

  

  The U.S. Department of Agriculture's recent proposed policy to declare salmonella an adulterant in breaded stuffed raw chicken products could have major implications not only for the specialized products at issue, but also the entire poultry industry and beyond, say Bob Hibbert and Amaru Sanchez at Wiley.

• Some Client Speculations On AI And The Law Firm Biz Model

  

  Generative artificial intelligence technologies will put pressure on the business of law as it is structured currently, but clients may end up with more price certainty for legal services, and lawyers may spend more time being lawyers, says Jonathan Cole at Melody Capital.

• Dissecting The Case Law On Automaker Arbitration Provisions

  

  As automakers increasingly turn to arbitration agreements for trimming and defending putative class action lawsuits, there are five factors driving courts' disparate outcomes when resolving an automaker's motion to compel arbitration, say Ellisse Thompson and Brandon Boxler at Klein Thomas.

• And Now A Word From The Panel: MDLs As A Last Resort

  

  While the number of individual actions included in multidistrict litigation proceedings has exploded in recent years, it's important to remember that the Judicial Panel on Multidistrict Litigation views creation of an MDL as something that should happen only after consideration of all other options, says Alan Rothman at Sidley.

• A Lawyer's Guide To Approaching Digital Assets In Discovery

  

  The booming growth of cryptocurrency and non-fungible tokens has made digital assets relevant in many legal disputes but also poses several challenges for discovery, so lawyers must garner an understanding of the technology behind these assets, the way they function, and how they're held, says Brett Sager at Ehrenstein Sager.

• Opinion

  High Court's Ethics Statement Places Justices Above The Law

  

  The U.S. Supreme Court justices' disappointing statement on the court's ethics principles and practices reveals that not only are they satisfied with a status quo in which they are bound by fewer ethics rules than other federal judges, but also that they've twisted the few rules that do apply to them, says David Janovsky at the Project on Government Oversight.

• Opinion

  Time For Law Schools To Rethink Unsung Role Of Adjuncts

  

  As law schools prepare for the fall 2023 semester, administrators should reevaluate the role of the underappreciated, indispensable adjunct, and consider 16 concrete actions to improve the adjuncts' teaching experience, overall happiness and feeling of belonging, say T. Markus Funk at Perkins Coie, Andrew Boutros at Dechert and Eugene Volokh at UCLA.

• Tips For In-House Legal Leaders In A Challenging Economy

  

  Amid today's economic and geopolitical uncertainty, in-house legal teams are running lean and facing increased scrutiny and unique issues, but can step up and find innovative ways to manage outcomes and capitalize on good business opportunities, says Tim Parilla at LinkSquares.

• PFAS Coverage Litigation Strategy Lessons For Policyholders

  

  While policyholders' efforts to recover insurance proceeds for PFAS-related costs are in the early stages, it appears from litigation so far that substantial coverage should be available for PFAS-related liabilities, including both defense costs and indemnity payments in connection with those liabilities, say Benedict Lenhart and Alexis Dyschkant at Covington.

• Unique Issues To Look Out For In Generative AI Transactions

  

  With the rapidly evolving legal landscape surrounding generative artificial intelligence models, both model providers and model customers are faced with navigating certain challenging issues associated with these transactions, such as training data, user prompts and generative model outputs, say Aaron Rubin and Heather Whitney at MoFo.

• When Are Cos. Liable For Building Customers' Designs?

  

  The Sixth Circuit's recent decision in Cash-Darling v. Recycling Equipment serves as a warning to manufacturers regarding the extent to which they may become involved in customers' design decisions without exposing themselves to liability, and highlights the fact-sensitive nature of such cases, says Timothy Freeman at Tanenbaum Keale.