Expert Analysis

• Pending NCAA Ruling Could Spell Change For Unpaid Interns

  

  The Third Circuit's upcoming Johnson v. NCAA decision, over whether student-athletes can be considered university employees, could reverberate beyond college sports and force employers with unpaid student interns to add these workers to their payrolls, say Babak Yousefzadeh and Skyler Hicks at Sheppard Mullin.

• ABA Opinion Should Help Clarify Which Ethics Rules Apply

  

  A recent American Bar Association opinion provides key guidance on interpreting ABA Model Rule 8.5's notoriously complex choice-of-law analysis — and should help lawyers authorized to practice in multiple jurisdictions determine which jurisdiction's ethics rules govern their conduct, say attorneys at HWG.

• 4 Ways To Reboot Your Firm's Stalled Diversity Program

  

  Law firms that have failed to see real progress despite years of diversity initiatives can move forward by committing to tackle four often-taboo obstacles that hinder diversity, equity and inclusion efforts, says Steph Maher at Jaffe.

• Slippery Super Bowl Should Raise OSHA Red Flags For Cos.

  

  The slick field conditions of Super Bowl 57 would be considered unsafe in traditional work settings, and serve as a reminder for employers of their obligation to provide a workplace compliant with Occupational Safety and Health Administration guidelines — or risk paying the penalties, says Kristin Gray at FordHarrison.

• DOJ's Google Sanctions Motion Shows Risks Of Auto-Deletion

  

  The U.S. Department of Justice recently hit Google with a sanctions motion over its alleged failure to preserve relevant instant-messaging communications, a predicament that should be a wake-up call for counsel concerning the danger associated with automatic-deletion features and how it's been handled by the courts, say Oscar Shine and Emma Ashe at Selendy Gay.

• Everyrealm Case Spurs Big Workplace Arbitration Questions

  

  If a New York federal judge's recent textualist ruling in Johnson v. Everyrealm denying arbitration of an entire employment lawsuit is appealed and upheld, it could set the stage for significant impairment of the enforcement of arbitration agreements, says Rex Berry at Signature Resolution.

• What To Expect From A Litigation Finance Industry Recession

  

  There's little data on how litigation finance would fare in a recession, but a look at stakeholders' incentives suggests corporate demand for litigation finance would increase in a recessionary environment, while the number of funders could shrink, says Matthew Oxman at LexShares.

• The Far-Reaching Impacts Of 'NFTs Can Be A Security' Ruling

  

  A New York federal judge's recent first-of-its-kind finding in Friel v. Dapper Labs that non-fungible tokens can be securities will likely be used by other plaintiffs — and perhaps the U.S. Securities and Exchange Commission — as a key part of their respective playbooks in pending and future securities matters involving digital assets, say attorneys at Holland & Knight.

• Fla. NIL Law May Cue State Publicity Right Deregulation Trend

  

  A new Florida name, image and likeness law that significantly reduces prohibitions on colleges, athletic departments and coaches from participating in endorsement deals is a sign of a possible trend of state deregulation of student-athletes' publicity rights — and an attractive development for businesses, says Drew Dorner at Duane Morris.

• 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.

• A TM Lesson From Damar Hamlin's 'Did We Win?' Shirts

  

  Buffalo Bills safety Damar Hamlin's recent application for the "Did We Win?" trademark — just days after suffering a cardiac arrest, and two days before selling T-shirts with the phrase — is a reminder for attorneys that registering a trademark does not create it, but using it in commerce does, says Jeremiah Foley at Harness IP.

• Why Celebrities Are Ensnared In SEC Crypto-Touting Actions

  

  Given the U.S. Securities and Exchange Commission's increasingly broad view of which crypto-assets constitute securities and its willingness to go after celebrities, including most recently former NBA star Paul Pierce, for violating anti-touting laws, promoters need to pay close attention to their disclosure obligations, say Kurt Gottschall and Payton Roberts at Haynes Boone.

• 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.

• Adidas Stripe TM Trial Loss Hinged On Price Points

  

  A Manhattan federal jury's recent clearance of Thom Browne's liability in a trademark infringement case brought by Adidas over its three-stripe design highlights well-settled trademark law — different price points and channels of trade can distinguish what would otherwise be considered confusingly similar marks, says Paula Hopkins at Venable.

• 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.