Expert Analysis

• How High Court Is Assessing Tribal Law Questions

  

  The U.S. Supreme Court's four rulings on tribal issues from this term show that Justice Neil Gorsuch's extensive experience in federal Native American law brings helpful experience to the court but does not necessarily guarantee favorable outcomes for tribal interests, say attorneys at Dorsey & Whitney.

• In-Office Engagement Is Essential To Associate Development

  

  As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.

• Trends Emerge In High Court's Criminal Law Decisions

  

  In its 2022-2023 term, the U.S. Supreme Court issued nine merits decisions in criminal cases covering a wide range of issues, and while each decision is independently important, when viewed together, key trends and takeaways appear that will affect defendants moving forward, says Kenneth Notter at MoloLamken.

• Perspectives

  A Judge's Pitch To Revive The Jury Trial

  

  Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.

• It All Comes Down To Choice Of Law In Nazi-Looted Art Case

  

  The Ninth Circuit's recent decision in a nearly 20-year ownership battle over a Nazi-looted painting shows the court lacked adequate guidance on how California's choice-of-law rule should be applied to stolen property and that the choice of law — between California or Spain — will likely determine whose claim to the painting prevails, says Kevin Ray at Greenberg Traurig.

• How To Recognize And Recover From Lawyer Loneliness

  

  Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.

• 4 New State Geofencing Bans And How They Differ

  

  Washington, New York, Connecticut and Nevada have now enacted laws prohibiting geofencing around locations that provide certain health care services, but these new laws vary widely, with Washington taking the broadest and most restrictive approach, say Andreas Kaltsounis and Nichole Sterling at BakerHostetler.

• Opinion

  Litigation Funding Disclosure Should Be Mandatory

  

  Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.

• Recalling USWNT's Legal PR Playbook Amid World Cup Bid

  

  As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

• The Issues Brewing Around Starbucks Labor Practice Cases

  

  Starbucks is faced with fighting off another push for a nationwide injunction against firing any employees that support unionization, and there's a distinct possibility that the company and the National Labor Relations Board could be fighting the same fight over and over in various locations, says Janette Levey at Levey Law.

• Tools To Fight Delay From Arbitrability Appeals After Coinbase

  

  The U.S. Supreme Court's recent Coinbase v. Bielski decision mentioned a series of procedural tools litigants facing an automatic stay due to a Section 16(a) appeal can use to mitigate resulting harms and costs from the delay, and counsel should weigh the potential benefits and risks of these options, say Glenn Chappell and Spencer Hughes at Tycko & Zavareei.

• High Court's Tribal Water Rights Ruling Steadies The Boat

  

  The U.S. Supreme Court's recent ruling in Arizona v. Navajo Nation — concerning the federal government's obligations to help secure tribal access to water — overturns a Ninth Circuit decision that could have undermined existing state adjudication processes and unleashed a wave of tribal water rights claims, say attorneys at Perkins Coie.

• Immigration Program Pitfalls Exacerbate Physician Shortages

  

  Eliminating shortcomings from U.S. immigration regulations and policies could help mitigate the national shortage of physicians by encouraging foreign physicians to work in medically underserved areas, but progress has been halted by partisan gridlock, say Alison Hitz and Dana Schwarz at Clark Hill.

• Perspectives

  Mallory Gives Plaintiffs A Better Shot At Justice

  

  Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.

• 9th Circ. Gap Ruling Creates Split On Forum Selection Clause

  

  The Ninth Circuit recently held in Lee v. Fisher that a forum selection clause in Gap's bylaws requiring all derivative claims to be brought in Delaware state court is enforceable, but since the Seventh Circuit struck down a similar clause in Boeing's bylaws last year, Supreme Court review may be on the horizon, say attorneys at Davis Polk.