Expert Analysis

• 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.

• 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.