Expert Analysis

• New Ariz. Cyberattack Info Sharing May Be Worth The Burden

  

  A recent amendment to Arizona’s data breach notification law, and similar state and federal cyber incident reporting rules, significantly burden companies that are attacked, but increased information sharing could help prevent and mitigate the damage from future data security incidents, say Christine Czuprynski and Kate Jarrett at McDonald Hopkins.

• Overcommunicate With Your Summer Associates This Year

  

  2022 summer associates have had limited opportunities for professional interactions due to the pandemic, so supervising attorneys should prioritize intentional overcommunication by emphasizing importance of tone and content of emails, sharing feedback immediately, and more, says Julie Schrager at Faegre Drinker.

• Lessons For Gov't Contractors Amid Increased Antitrust Risk

  

  A review of recently ramped-up Procurement Collusion Strike Force enforcement yields important lessons for government procurement companies, which are particularly susceptible to anti-competitive risks, on corporate antitrust awareness and robust compliance, say Rachel Guy and James McGinnis at Sheppard Mullin.

• Nev. Case Highlights Settlement Authority Dilemmas For Cos.

  

  A Nevada federal court's recent decision in Ceja v. The Vons Companies illustrates the pitfalls of misinterpreting a court order requiring a representative with full settlement authority to be present at negotiations, and is a reminder to consider that courts differ as to what full settlement authority means in practice, says Richard Mason at MasonADR.

• Unpacking OFAC's New Russian Accounting Services Ban

  

  New determinations issued by the Office of Foreign Assets Control put a broad swath of accounting, trust and corporate formation, management consulting, legal service providers, and others at heightened risk for strict liability sanctions violations for dealings with Russia, requiring affected entities to update their procedures, say Cari Stinebower and Dainia Jabaji at Winston & Strawn.

• Pharma Products' Uncertain Path To Patient Assistance

  

  In light of the government's recent concerns about contributions to patient assistance programs, pharmaceutical manufacturers may wish to align their compliance policies and procedures with those outlined in the U.S. Department of Justice's corporate integrity agreements, says Jennifer Michael at Bass Berry.

• Can And Should A Court Limit Repeated Retrials?

  

  The existing state of U.S. law on the issue of repeated retrials is neither settled nor satisfactory, and a recent federal prosecution of chicken industry executives for alleged price-fixing raises the question of whether there should be some limit on the number of retrials following hung juries, says Steven Gordon at Holland & Knight.

• The Fastest Federal Trial Courts: A Look At Virginia, Florida

  

  The Eastern District of Virginia rocket docket and the Northern District of Florida were last year’s fastest civil trial courts in the nation, and interviews with two of their judges reveal they have some of the same practices to keep litigation moving efficiently, says Robert Tata at Hunton.

• Private Insurers Must Watch Out For Medical Equipment Fraud

  

  Recent trends indicate that it is extremely rare for the government to prosecute those involved in health care fraud against private insurers, especially in cases involving durable medical equipment, so private insurers must take steps to investigate and detect fraudulent schemes, says Michael Vanunu at Rivkin Radler.

• Tips For Evaluating Machine Learning For Contracts Review

  

  Law firms considering machine learning and natural language processing to aid in contract reviews should keep several best practices in mind when procuring and deploying this nascent technology, starting with identifying their organization's needs and key requirements, says Ned Gannon at eBrevia.

• How To Efficiently Deploy Your Professional Growth Strategy

  

  Lana Manganiello at Equinox Strategy Partners discusses how time-strapped legal professionals can efficiently implement a professional growth framework by focusing on only the most effective actions to build the reputation and relationships key to their ideal practice.

• A 6-Step Framework For Legal Industry Professional Growth

  

  Lana Manganiello at Equinox Strategy Partners discusses how implementing a professional growth framework will help legal professionals gain expertise in a relevant niche to build credibility, focus marketing efforts and build an ideal practice.

• Why Contempt May Be Apt Punishment For High Court Leaker

  

  Contempt of court is an overlooked but potentially effective tool to punish whoever leaked the draft opinion overruling Roe v. Wade and protect the integrity of the U.S. Supreme Court, says Michael Zuckerman at Zuckerman Dispute Resolution.

• Crypto Investors May Face Increasing State FCA Tax Liability

  

  Cryptocurrency investors who fail to report the state tax consequences of transactions are poised to encounter increased civil or criminal legal exposure as a growing number of states bring tax fraud under the purview of their whistleblower statutes, say attorneys at Brownstein Hyatt.

• Improving Defense Case Stories In An Age Of Misinformation

  

  If defense lawyers reflect on how COVID-19 misinformation permeated public discourse, they will find courtroom lessons on telling a complete, consistent and credible story that prevents jurors from filling in the blanks themselves, says David Metz​ at IMS.