Expert Analysis

• Wash. Health Privacy Bill May Affect Cos. Across Industries

  

  Washington’s recently enacted My Health My Data Act — a comprehensive privacy framework for companies that handle consumer health — will likely apply to companies outside the state and the health care industry, and may result in more privacy litigation than we have seen under any other state privacy statute to date, says Jenny Colgate at Rothwell Figg.

• Opinion

  States Must Fight Predatory Real Estate Listing Agreements

  

  As momentum against long-term real estate listing agreements continues to grow, states should take action to render existing agreements unenforceable and discourage future unfair and deceptive trade practices in real estate, says Elizabeth Blosser at the American Land Title Association.

• The Differing Court Approaches To Pay Equity Questions

  

  Employers face the tough task of navigating an increasingly complex patchwork of pay equity laws and court interpretations, say attorneys at Hunton.

• Washington State Puts Environmental Justice At The Forefront

  

  Two laws — the Healthy Environment for All Act and the Climate Commitment Act — have given Washington one of the most progressive environmental justice frameworks of any state in the country, and the resulting regulatory framework, which became fully effective on July 1, makes environmental justice assessments a key part of many projects, say attorneys at K&L Gates.

• Steps To Success For Senior Associates

  Excerpt from Practical Guidance

  

  Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.

• Automatic Arbitration Win For Cos. May Come With Pitfalls

  

  The U.S. Supreme Court's recent resolution of a circuit split governing arbitration stays in Coinbase v. Bielski is a win for companies seeking to enforce arbitration agreements, but there may be consequences to keep in mind when considering whether to appeal a denial of a motion to compel arbitration, say Marianne Spencer and Sonya Winner at Covington.

• How To Avoid A Zombie Office Building Apocalypse

  

  With national office vacancy rates approaching 20%, policymakers, investors and developers will need to come together in order to prevent this troubling trend from sucking the life out of business districts or contaminating the broader real estate market, say Ryan Sommers and Robyn Minter Smyers at Thompson Hine.

• Legal Profession Must Do More For Lawyers With Disabilities

  

  At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.

• A Look At Section 230 After High Court's Refusal To Clarify

  

  In light of the U.S. Supreme Court's declining to address Section 230 in a group of actions against major social media platforms, website operators and their counsel should err on the side of caution when engaging with or verifying users' content, say Neusha Etemad and Anne Marie Ellis at Buchalter.

• High Court Ruling Provides New Avenue For Foreign Plaintiffs

  

  The U.S. Supreme Court’s recent ruling in Yegiazaryan v. Smagin offers a new path for foreign plaintiffs attempting to enforce arbitral awards in the U.S., but it also leaves the standard for such attempts under the Racketeer Influenced and Corrupt Organizations Act unsettled, say attorneys at Wiley.

• NBA Players Must Avoid Legal Fouls In CBD Deals

  

  The NBA’s recently ratified collective bargaining agreement allows athletes to promote CBD brands and products, but athletes and the companies they promote must be cautious of a complex patchwork of applicable state laws and federal regulators’ approach to advertising claims, says Airina Rodrigues at Brownstein Hyatt.

• Atty Fee Reversal May Complicate Claims-Made Settlements

  

  The rationale for the Ninth Circuit's recent reversal of the plaintiffs' attorney fee award in Lowery v. Rhapsody could spell trouble for those seeking approval of claims-made class action settlements that do not have sufficient financial benefits actually received by class members, or meaningful injunctive or nonmonetary relief, says David Ross at Wilson Elser.

• How Attys Can Avoid Exposing Their Firms To Cyberattacks

  

  Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.

• Virginia 'Rocket Docket' Slowdown Is Likely A Blip

  

  After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.

• A Look At 2023's Major NLRB Developments Thus Far

  

  Over the last six months, the National Labor Relations Board has broadened its interpretation and enforcement of the National Labor Relations Act, including increasing penalties and efforts to prohibit restrictive covenants and confidentiality agreements, say Eve Klein and Elizabeth Mincer at Duane Morris.