Expert Analysis

• High Court Cert Denial Puts New Spotlight On Plea Bargains

  

  The U.S. Supreme Court’s refusal to hear Davis v. U.S. — provoking two justices’ dissent — highlights a lesser-known circuit split on whether an attorney's failure to pursue a plea agreement constitutes ineffective assistance of counsel, and will likely spur several key changes in criminal law practice, says Spencer Gottlieb at Perkins Coie.

• 'Varsity Blues' Reversal May Inform Conspiracy Defenses

  

  The First Circuit’s recent decision vacating the convictions of two “Varsity Blues” defendants provides potential support for creative arguments against conspiracy charges, particularly where defense counsel can show competition or indifference among alleged co-conspirators, say Cormac Connor and Emily Mikes at Husch Blackwell.

• Diacetyl Jury Verdicts Fuel Continued Flavoring Litigation

  

  As litigation concerning widely used flavoring ingredients, especially diacetyl, has grown — targeting manufacturers of products ranging from microwave popcorn to e-cigarettes — and recent trials have resulted in plaintiff verdicts, it is important for companies to review all flavors used in their products, and the regulations that apply, says Jennifer Steinmetz at Tucker Ellis.

• 5 Management Tips To Keep Law Firm Merger Talks Moving

  

  Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.

• Broader Implications Of High Court's Identity Theft Law Ruling

  

  The U.S. Supreme Court’s recent decision in Dubin v. U.S., vacating a medical services biller’s aggravated identity theft conviction, endorses a restrained interpretive approach for practitioners dealing with ambiguous criminal statutes, and serves as a warning to prosecutors, say Gabrielle Friedman and Zachary Shemtob at Lankler Siffert.

• East Penn Verdict Is An FLSA Cautionary Tale For Employers

  

  A Pennsylvania federal jury's recent $22 million verdict against East Penn set a record for the Fair Labor Standards Act and should serve as a reminder to employers that failure to keep complete wage and hour records can exponentially increase liability exposure under the FLSA, say Benjamin Hinks and Danielle Lederman at Bowditch & Dewey.

• Rethinking In-Office Attendance For Associate Retention

  

  The hybrid office attendance model doesn't work for all employees, but it does for many — and balancing these two groups is important for associate retention and maintaining a BigLaw firm culture that supports all attorneys, says Summer Eberhard at Major Lindsey.

• 4 Paths To Defending Calif. Unfair Competition Claims

  

  In its recent Epic Games v. Apple decision, the Ninth Circuit fairly underscored the broad scope of California's unfair competition law, but at the pleading stage and beyond, defendants should give particular consideration to the applicability of four nuanced and UCL-specific paths to resolution, say attorneys at Munger Tolles.

• Opinion

  ALI, Bar Groups Need More Defense Engagement For Balance

  

  The American Law Institute and state bar committees have a special role in the development of the law — but if they do not do a better job of including attorneys from the defense bar, they will come to be viewed as special interest advocacy groups, says Mark Behrens at Shook Hardy.

• Murdaugh Trials Offer Law Firms Fraud Prevention Reminders

  

  As the fraud case against Alex Murdaugh continues to play out, the evidence and narrative presented at his murder trial earlier this year may provide lessons for law firms on implementing robust internal controls that can detect and prevent similar kinds of fraud, say Travis Casner and Helga Zauner at Weaver and Tidwell.

• When Only The Tippee Is Guilty Of Insider Trading

  

  A recent decision from an Illinois federal court, which simultaneously found an alleged tipper not guilty of insider trading while also finding the purported tippee guilty, may seem inconsistent with basic principles of insider trading law, but it has some support in controlling authority from the Seventh Circuit, say attorneys at Morgan Lewis.

• Vicarious Liability Questions On The Line In Texas Crash Case

  

  A Texas appellate court's recent decision refusing to adopt the so-called admission rule — which rejects the notion of negligent training as an independent claim against an employer — is likely to be appealed to the state's high court, potentially opening the floodgates for plaintiffs to use reptile theory trial strategies, say attorneys at Wilson Elser.

• Firm Tips For Helping New Lawyers Succeed Post-Pandemic

  

  Ten steps can help firms significantly enhance the experience of attorneys who started their careers in the coronavirus pandemic era, including facilitating opportunities for cross-firm connection, which can ultimately help build momentum for business development, says Lana Manganiello at Equinox Strategy Partners.

• A Brief Primer On Using Web-Archived Evidence

  

  Because the temporal dimensions of web content — i.e., what appeared online, and when — are increasingly critical to all kinds of claims, attorneys should understand how web archives can be used to furnish key evidence, as well as strategies for admitting and authenticating such evidence in court, says Nicholas Taylor at the Los Alamos National Laboratory Research Library.

• Tackling Judge-Shopping Concerns While Honoring Localism

  

  As the debate continues over judge-shopping and case assignments in federal court, policymakers should look to a hybrid model that preserves the benefits of localism for those cases that warrant it, while preventing the appearance of judge-shopping for cases of a more national or widespread character, says Joshua Sohn at the U.S. Department of Justice.