Expert Analysis

• 9th Circ.'s Silence Prolongs Uncertainty On Cemex Framework

  

  By affirming a bargaining order in Cemex Construction Materials v. National Labor Relations Board without opining on the NLRB’s 2023 expansion of its authority to issue such orders, the Ninth Circuit avoided direct conflict with the Sixth Circuit’s rejection of the same framework, prolonging uncertainty for employers facing union elections, say attorneys at Dinsmore & Shohl.

• Surveying The CFTC Campaign To Control Prediction Markets

  

  The U.S. Commodity Futures Trading Commission is simultaneously asserting exclusive jurisdiction over prediction markets and signaling aggressive enforcement within them, a combination that will reshape the regulatory landscape for event contract platforms — pending the outcome of several court cases throughout the country and a likely circuit split, say attorneys at Paul Weiss.

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  Speed Jigsaw Puzzling Makes Me A Better Lawyer

  

  My passion for speed puzzling — I can complete a 500-piece jigsaw puzzle in under 50 minutes — has sharpened my legal skills in more ways than one, with both disciplines requiring patience, precision and the ability to keep the bigger picture in mind while working through the details, says Tazia Statucki at Proskauer.

• How Oregon Ruling Affects Federal Gender Care Crackdown

  

  In a favorable development for healthcare providers, an Oregon federal court recently vacated certain U.S. Department of Health and Human Services restrictions on gender-affirming care for minors, but the government's broader campaign against this care, including proposed rulemaking and agency investigations, leaves significant uncertainty, say attorneys at Arnold & Porter.

• A Core Weakness In The Challenge To Birthright Citizenship

  

  The government’s recent oral arguments against birthright citizenship in Trump v. Barbara would have the Supreme Court use modern immigration classifications as markers for a constitutional boundary that is not expressed in the Fourteenth Amendment, making the theory easier to administer but weaker as a matter of text and history, says attorney Tara Kennedy.

• 2 AI Snafus Show Why Attys Can't Outsource Judgment

  

  The recent incident involving Sullivan & Cromwell where citations in a filed motion were fabricated by artificial intelligence, as well as a punitive ruling from the Sixth Circuit in U.S. v. Farris, demonstrate that the obligation to supervise AI has belonged and always will belong to lawyers, says John Powell at the Kentucky School Boards Association.

• Assessing The 9th Circ.'s Recent Stock Drop Dismissal Trend

  

  The recent decision in Nova Scotia Health Employees' Pension Plan v. Comerica is an important circuit-level addition to the growing trend of Ninth Circuit securities class action dismissals on loss causation grounds, which have used a contextual analysis premised on stock drops that are modest, typical and short-lived, say attorneys at Paul Weiss.

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  Playing Magic: The Gathering Makes Me A Better Lawyer

  

  The competitive card game Magic: The Gathering offers me a training ground for the strategic thinking skills crucial to litigation, challenging me to adapt to oft-updated rules, analyze text as complicated as any statute and anticipate my opponent’s next moves, says Christopher Smith at Lash Goldberg.

• Improving Well-Being In Law, 10 Years After Landmark Study

  

  An important 2016 study revealed significant substance abuse and mental health issues among lawyers, and while the findings helped normalize the conversation around these topics, a decade later, structural change is still needed, says Denise Robinson at PLI.

• How The Coming Months Will Shape State Drug Price Boards

  

  The future of state prescription drug affordability boards may be determined in the next few months, between an upcoming court decision in a challenge against state authority to set drug prices, and pending state decisions about whether to use federal Medicare maximum fair prices as reference, say Michael Kolber, Steven Chen and Kelechi Ezealaji at Manatt.

• Why Justices Seem Skeptical Of Curbing SEC Disgorgement

  

  Sripetch v. U.S. Securities and Exchange Commission presents an opportunity for the U.S. Supreme Court to clarify the disgorgement limits it set six years ago in Liu v. SEC, with recent oral arguments suggesting the court sees disgorgement as an equitable remedy akin to unjust enrichment, say attorneys at Hueston Hennigan.

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  Officiating Football Makes Me A Better Lawyer

  

  Though they may seem to have little in common, officiating football has sharpened many of the same skills that define effective lawyering in management-side labor and employment: preparation, judgment, composure, credibility and ability to make difficult decisions in real time, says Josh Nadreau at Fisher Phillips.

• Fresenius Ruling May Shift Anti-Kickback Enforcement

  

  The Ninth Circuit's recent decision in Fresenius v. Bonta suggests that businesses have a First Amendment right to donate to certain charities, even if those donations are motivated by economic self-interest, potentially calling into question years of Anti-Kickback Statute proceedings against pharmaceutical manufacturers for making similar donations, says Jonah Knobler at Patterson Belknap.

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  Law School's Missed Lessons: How To Draft Pleadings

  

  Most law school graduates step into their first jobs without ever having drafted a complaint, answer, motion or other type of pleading, but that gap can be closed by understanding the strategy embedded in every filing, writing with clarity and purpose, and seeking feedback at every step, says Eric Yakaitis at Haug Barron.

• What Employers Should Know About Wash. Noncompete Ban

  

  Washington state recently passed one of the most expansive prohibitions on noncompetes in the country, marking a significant shift in the state's approach to restrictive covenants and requiring employers to carefully assess how this change will affect their current and future agreements, say attorneys at Cozen.