Expert Analysis

• Ohio Opioid Verdict Brings Focus To Role Of Pharmacists

  

  The recent federal Ohio jury verdict in National Prescription Opiate Litigation found pharmacies liable for contributing to the public nuisance of the opioid epidemic, advancing the question of when pharmacists owe a duty to warn or refuse to fill a prescription, says Roseann Termini at Widener University's Delaware Law School.

• Without Leadership Buy-In, Law Firm DEI Efforts Stand To Fail

  

  A law firm's diversity, equity and inclusion strategies need the full attention and support of its top leadership to succeed, and requiring the firm's key decision makers to join the DEI committee can make the difference, says Noble Allen at Hinckley Allen.

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  Confronting Origination Credit: Self-Advocacy Tips For Attys

  

  Female lawyers and lawyers of color have historically not been privy to the rules of the origination credit game, but they can employ various strategies to increase the chances of receiving the credit they are due, such as enlisting allies for support and tracking inequity patterns, says Marianne Trost at The Women Lawyers Coach.

• SEC's Alleging An Asset Is A Security Does Not Make It So

  

  In Audet v. Fraser, a Connecticut federal jury recently disagreed with the U.S. Securities and Exchange Commission's position that so-called hashlets are investment contracts, showing that the SEC's overreach in classifying digital assets, and the complexity of cryptocurrencies, require further guidance and case law to clarify the limits of federal securities law, say Nick Morgan and Ken Herzinger at Paul Hastings.

• A Real-World Guide To Staying Discovery In Federal Court

  

  Pleas for stay of discovery under the Federal Rules of Civil Procedure are often rejected when motions to dismiss are pending due to a tenacious tangle of case law, imposing financial and administrative burdens on parties, but some unambiguous rules of thumb can be gleaned to maximize the chances of a discovery stay, says Amir Shachmurove at Reed Smith.

• How Advice-Of-Counsel Defense May Fare In Bannon Case

  

  While it appears that Steve Bannon will say he relied on the advice of his counsel to defend contempt of Congress charges for noncompliance with a House subpoena, the viability of this argument turns on the precise contours of the legal advice his attorney provided, says Steven Gordon at Holland & Knight.

• Record Award Shows Claims Court's Rising Role In IP Matters

  

  The Court of Federal Claims' recent damages award of over $100 million in SecurityPoint Holdings v. U.S. — its largest-ever patent infringement award against the government — highlights the court's increasing importance in patent litigation, as well as its special jurisdiction requirements and fee standards, say Ranganath Sudarshan and Adam Mitchell at Covington.

• Heed These Rules, Or Risk Your Argument On Appeal

  

  Failing to meet the scattered requirements for appellate preservation can have dire consequences, so litigants must understand the relevant briefing rules, the differences between waiver and forfeiture, and the four components of a pressed argument in order to get their case fully considered on appeal and avoid sanctions or dismissal, says Michael Soyfer at Quinn Emanuel.

• What To Include In Orders Governing Remote Arbitration

  

  When conducting remote arbitration, attorneys should negotiate written orders that spell out clear rules on technology accommodations, document handling, witness readiness and other key considerations to ensure parties' rights are protected and the neutral's time is not wasted, say Matthew Williams and Christina Sarchio at Dechert.

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  Embracing ESG: CBRE GC Talks Effective Compliance Emails

  

  Good corporate governance requires communicating expectations for ethical conduct, but compliance emails need not be overly technical — a relatable story told in simple language with humility and respect can create internal communications that drive home the message, says Laurence Midler at CBRE.

• The Hazards Of Female Lawyers Being 'Office Moms'

  

  Female attorneys are frequently credited with being the "office moms" who do critical but undervalued work — from bringing birthday cakes to serving on diversity committees — but as lawyers return to offices, now is a good time for employers to rectify the gender imbalance that disadvantages women, say Ninth Circuit Judge Margaret McKeown and Fine Kaplan partner Roberta Liebenberg.

• Discovery Immunity For Draft Expert Reports Lacks Clarity

  

  Court rulings on whether — and when — drafts of expert reports are immune from discovery have been inconsistent, so the Federal Rules of Civil Procedure should be amended to better distinguish between draft and final expert reports, say attorneys at Lowenstein Sandler.

• A Phased Approach To In-House Legal Tech Adoption

  

  In-house legal departments that adopt new technologies too quickly often face frustration or failure, so to help ensure a smooth transition, companies should consider a multistep approach, depending on where they stand with respect to modernizing legal processes, says Tariq Hafeez at LegalEase Solutions.

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  Confronting Origination Credit: How Firms Can Redo Policies

  

  To promote a more diverse and equitable workforce — not to mention better teamwork and higher profits — law firms must tackle common misconceptions about origination credit and design compensation systems that reflect four critical concepts about client relationships, says Blane Prescott at MesaFive.

• How To Comply With ABA's New Language Access Guidance

  

  Considering the American Bar Association's recent language access guidance for lawyers working with clients with whom communication is impeded, attorneys should carefully navigate social and cultural differences and take steps to maintain professional obligations, say Hilary Gerzhoy and Deepika Ravi at Harris Wiltshire.