Employment Cases Offer Arbitration Clause Drafting Lessons

Two recent federal court decisions granting employers' motions to compel arbitration highlight that companies can improve their chances of avoiding court by approaching arbitration clauses as a series of related drafting choices, anticipating disputes on the arbitral seat, hearing location and governing law, say attorneys at Krevolin Horst.

Moderna Case Highlights Overlooked Hurdle In Biopharma IP

The recent settlement of the patent litigation involving Moderna's COVID-19 vaccine in Delaware federal court shows that patent portfolios covering enabling platform technologies can create significant freedom-to-operate risk even when their owners are not direct competitors developing the therapeutic product, says Olga Berson at Thompson Coburn.

3 Policy Lines To Revisit After Justices Nix Emergency Tariffs

The U.S. Supreme Court's invalidation of President Donald Trump's emergency-based tariffs could expose businesses to allegations of misrepresenting tariff effects and raise the prospect of consumer actions seeking refunds — underscoring the need for policyholders to potentially reposition their insurance portfolios, say attorneys at Reed Smith.

Emissions Permits May Not Override Pollution Exclusions

Two recent coverage rulings from the Illinois Supreme Court and the Third Circuit suggest a trend among appellate courts to deny coverage under pollution exclusions, even when the emissions happened pursuant to a government permit, say attorneys at Simpson Thacher.

5 Tips For Navigating Your Firm's All-Attorney Summit

Excerpt from Practical Guidance

Law firm retreats should be approached strategically, as they present valuable opportunities to advance both the firm's objectives and attorneys' professional development through meaningful participation, building and strengthening internal relationships, and proactive follow-up, says James Argionis at Cozen O’Connor.

What's At Stake In High Court's Venue Dispute Case

The U.S. Supreme Court’s eventual ruling in Abouammo v. U.S. could fundamentally reshape venue rules for federal criminal prosecutions, highlighting why defense counsel should ensure preservation of colorable venue challenges, particularly where the government's chosen forum lacks a direct connection to the defendant's physical acts, say attorneys at ArentFox Schiff.

How Bankrupt Cos. Can Seek Refunds For Illegal Tariffs

In light of the U.S. Supreme Court's recent decision striking down President Donald Trump's International Emergency Economic Powers Act tariffs as illegal, some companies may have strong prospects for recovering refunds from the government, and trustees in bankruptcy may have a significant role to play in seeking such recovery, say attorneys at Stinson.

Duke Energy Settlement Raises Key Antitrust Questions

The recent federal court settlement in Duke Energy v. NTE Carolinas II comes in the wake of the U.S. Supreme Court's failure to address a Fourth Circuit decision in the matter, calling into question the core purpose and effect of antitrust laws, say attorneys at Clifford Chance.

Series

Coaching Soccer Makes Me A Better Lawyer

Coaching youth soccer for my 7-year-old son's team has sharpened how I communicate with clients, prepare witnesses, work within teams and think about leadership, making me a more thoughtful and effective lawyer in many ways, says Joshua Holt at Smith Currie.

Series

Law School's Missed Lessons: The Human Element

Law school teaches you to quickly apply intellect and logic when handling a legal issue, but every fact pattern also involves a person, making the ability to balance expertise with empathy critical to the growth of relationships with clients, colleagues and adversaries, says Rachel Adcox at Adcox Strategies.

As Justices Mull Suncor, Cos. Face New Climate Suit Realities

Following the U.S. Supreme Court's recent decision to hear Suncor Energy v. Boulder County — its first case analyzing the litigation impact of the U.S. Environmental Protection Agency's rescission of its 2009 greenhouse gas endangerment finding — companies must consider new preemption questions surrounding climate lawsuits after the rescission, say attorneys at Hollingsworth.

Time Limit Case Highlights How Justices Apply Federal Rules

In Coney Island Auto Parts Unlimited v. Burton, the U.S. Supreme Court sided with the minority in a circuit split on when a litigant can seek relief from an allegedly void judgment — but the decision's most important lessons may be about the high court's interpretive approach to the Federal Rules of Civil Procedure, say attorneys at McDermott.

7 Steps For Gov't Contractors In Post-IEEPA Tariff Landscape

In response to U.S. Supreme Court's recent decision to strike down tariffs issued by the Trump administration under the International Emergency Economic Powers Act, there are several actions federal contractors should take to preserve their place in any refund waterfall, and to manage audit, overpayment and False Claims Act risk, say attorneys at Holland & Knight.

How High Court Recast State Sovereign Immunity In Galette

The U.S. Supreme Court's unanimous ruling in Galette v. New Jersey Transit, asserting that the state-chartered transit agency has independent corporate personhood and sole obligation to pay judgments against it, turned on substance rather than form — and its analysis should be carefully reviewed in courthouses and statehouses, say attorneys at McCarter & English.

Opinion

3rd Circ. Must Reject EEOC's Flawed Equal Pay Theory

To avoid illogical outcomes, the Third Circuit, in Cartee-Haring and Marinello v. Central Bucks School District, should refute the U.S. Equal Employment Opportunity Commission’s recently filed amicus brief in support of the plaintiffs’ bias claims based on pay compared with one single co-worker, say Allan King at Littler and Stephen Bronars at Edgeworth Economics.