Expert Analysis

• 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.

• Best Practices For Celeb Alcohol Ventures In Growing Market

  

  Recent data shows that celebrity-owned brands are key drivers for alcohol e-commerce — which is predicted to grow by over 30% in the next five years — so attorneys advising famous clients should review the complex regulatory system for alcoholic beverages in the U.S. before taking up such a venture, say Rachel Lawson and Jacob White at Dickinson Wright.

• 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.

• New Rulings Show Job Duties Crucial To Equal Pay Act Claims

  

  Two recent decisions from the Fourth and Tenth Circuits emphasize that it is an employee's actual responsibilities, and not just their job title, that are critical to a pay discrimination claim under the Equal Pay Act and can offer some lessons for employers in avoiding and defending these claims, say Fiona Ong and Lindsey White at Shawe Rosenthal.

• 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.

• 'OK Go!' Suit Highlights TM Protection For Common Words

  

  A recent trademark suit filed by Post Foods against the band OK Go over the cereal maker's use of "OK Go!" provides the latest opportunity to look at the issue of trademarking common words, and illustrates why companies have to be careful when picking names, says William Honaker at Dickinson Wright.

• 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.

• Meta VR Deal Shows 'Potential Competition' Theory Viability

  

  A California federal court's recent denial of the Federal Trade Commission's motion to block Meta's purchase of virtual reality app developer Within is significant because it accepted that the actual and perceived potential competition theories are viable, and suggests companies exploring certain acquisitions should evaluate whether they may apply, say attorneys at Paul Weiss.

• 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.

• Why The Original 'Rocket Docket' Will Likely Resume Its Pace

  

  Though the Eastern District of Virginia, for decades the fastest federal trial court in the country, experienced significant pandemic-related slowdowns, several factors unique to the district suggest that it will soon return to its speedy pace, say Dabney Carr and Robert Angle at Troutman Pepper.

• False Ad Takeaways From Toss Of Suit Against Giants, Jets

  

  The recent dismissal of a proposed false advertising class action against the NFL, the New York Giants and Jets, and MetLife Stadium shows how federal courts often bring a fair degree of skepticism to these types of suits, and that advertising claims shouldn't be judged in isolation, says Jeffrey Greenbaum at Frankfurt Kurnit.

• The Discipline George Santos Would Face If He Were A Lawyer

  

  Rep. George Santos, who has become a national punchline for his alleged lies, hasn't faced many consequences yet, but if he were a lawyer, even his nonwork behavior would be regulated by the American Bar Association's Model Rules of Professional Conduct, and violations in the past have led to sanctions and even disbarment, says Mark Hinderks at Stinson.

• Broncos Job Interview Offer Shows Risks Of Worker Litigants

  

  The risks the Denver Broncos would have faced by interviewing or hiring coach Brian Flores, who filed a discrimination suit against the team in 2022, should inspire companies to take practical steps to minimize employees' ability to claim employer retaliation or access sensitive company data, says Christopher Deubert at Constangy.

• A Litigation Move That Could Conserve Discovery Resources

  

  Bennett Rawicki at Hilgers Graben proposes the preliminary legal opinion procedure — seeking a court's opinion on a disputed legal standard at the outset, rather than the close, of discovery — as a useful resource-preservation tool for legally complex, discovery-intensive litigation.