Expert Analysis

• Corporate Boards Need Not Fear 7th Circ. Boeing Decision

  

  The Seventh Circuit’s recent decision in Seafarers Pension Plan v. Bradway, over Boeing shareholders' rights to bring federal derivative suits over the 737 Max aircraft, may encourage creative Securities Exchange Act claims to avoid exclusive forum provisions, but boards of Delaware corporations still have tools to avoid duplicative litigation, say attorneys at Skadden.

• Gov't Contractor Takeaways From Biden's Clean Energy Order

  

  Attorneys at Covington discuss how President Joe Biden's recent net-zero emissions pledge and related executive actions are changing the landscape of federal procurement, creating new opportunities and challenges for government contractors.

• The Rising Demand For Commercial Litigators In 2022

  

  Amid broken supply chains, pandemic-induced bankruptcies and a rise in regulation by litigation, strong commercial litigators — strategists who are adept in trying a range of tortious and contractual disputes — are becoming a must-have for many law firms, making this year an opportune moment to make the career switch, say Michael Ascher and Kimberly Donlon at Major Lindsey.

• Aviation Watch: Resolving The FAA-FCC Fight Over 5G

  

  Concerns over interference with aircraft altimeters are delaying the U.S. rollout of 5G wireless technology, and it may take special action by the Biden administration to resolve the standoff between the Federal Communications Commission and the Federal Aviation Administration over the issue, says Alan Hoffman, a retired attorney and aviation expert.

• Takeaways From White Collar Criminal Enforcement In 2021

  

  White collar criminal prosecutions were up in 2021, with recent high-profile fraud trials, the Biden administration's enforcement priorities and the continuing effects of the COVID-19 pandemic potentially reversing the previous trend of slumping white collar prosecutions, say attorneys at Keker Van Nest.

• How In-House Counsel Can Make The Case For Settling Early

  

  Following the recent settlement in McDonald's v. Easterbrook, in-house counsel should consider decision-tree analyses and values-driven communications plans to secure effective, early resolutions in litigation, saving time and money and moving the company mission forward, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at The Torrenzano Group.

• To Retain Talent, GCs Should Prioritize Mission Statements

  

  With greater legal demands and an increasing number of workers resigning during the pandemic, general counsel should take steps to articulate their teams' values in departmental mission statements, which will help them better prioritize corporate values and attract and retain talent, says Catherine Kemnitz at Axiom.

• What Attys Can Learn From Harvard Professor's Conviction

  

  The recent conviction of Harvard professor Charles Lieber, on charges of lying about ties to China, highlights the perils that even highly educated white collar targets face in an FBI interview without counsel present, and it provides urgent lessons for attorneys on guiding their clients through stressful circumstances, say Jack Sharman and Tatum Jackson at Lightfoot Franklin.

• Bid Protest Spotlight: Nonpublic Info, Brand Names, Prejudice

  

  In this month's bid protest roundup, Roke Iko at MoFo discusses three decisions from the U.S. Government Accountability Office and the Federal Circuit, which shed light on the risks of involving former government employees with nonpublic information in the proposal process, requirements for brand-name justification, and when a presumption of prejudice exists.

• How Congressional Oversight May Shift In 2022 And Beyond

  

  Congressional oversight priorities are likely to be shuffled in 2022 and 2023 given the likelihood that this year’s midterm elections will politically realign one or both chambers, with Democrats seizing on a sense of investigative urgency into issues like emergency loans and government contracts, and Republicans deepening scrutiny of the current administration, say Aaron Cutler and Ari Fridman at Hogan Lovells.

• Recent Bias Suits Against Law Firms And Lessons For 2022

  

  2021 employment discrimination case filings and developments show that law firms big and small are not immune from claims, and should serve as a reminder that the start of a new year is a good time to review and update salary, promotion and leave policies to mitigate litigation risks, says Hope Comisky at Griesing Law.

• How To Create A Corporate Culture Of Compliance

  

  A positive culture can make the difference between a compliance program that sees ethical decision making in a company's everyday operations and check-the-box procedures that do not reflect underlying values or affect the daily conduct of employees, says Howard Weissman at Miller Canfield.

• Navy Vaccine Religious Exemption Ruling Warrants Scrutiny

  

  A Texas federal court’s recent order, relying on the Religious Freedom Restoration Act to enjoin the Navy from disciplining service members who refused the COVID-19 vaccination on religious grounds, ignores U.S. Supreme Court precedent and raises serious questions about the scope of the First Amendment's free exercise clause, says George Chuzi at Kalijarvi Chuzi.

• Associate Hiring Outlook At Law Firms Is Bright For 2022

  

  After a year of extraordinary signing bonuses, nearly instantaneous offers and flexible work arrangements, strong demand for talented law firm associates will continue into 2022 — with some differences between East and West Coast markets — and junior attorneys should take steps to capitalize on the opportunity, say Ru Bhatt and Summer Eberhard at Major Lindsey.

• A Look At What's Ahead For Antitrust Enforcement In 2022

  

  Attorneys at Paul Weiss discuss how recent significant changes in antitrust agency leadership and policies might play out in 2022, in areas from merger control to international transactions to labor issues.