Expert Analysis

• Calif. Employers' 2022 Minimum Wage Compliance Checklist

  

  California’s minimum wage increased earlier this year, so employers in the state should review areas of potential liability to ensure compliance with the new requirements, from commission exemptions to collective bargaining agreements, says Michael Nader at Ogletree.

• And Now A Word From The Panel: 2021 MDLs In Review

  

  The most notable trend in multidistrict litigation in 2021 was a 25% decrease in the number of new petitions for MDL proceedings — but a deeper dive into the numbers suggests that, on the whole, MDLs are thriving, and continuing to have a major impact, says Alan Rothman at Sidley.

• How AI Can Transform Crisis Management In Litigation

  

  Attorneys should understand how to use rapidly advancing artificial intelligence technology to help clients prepare for potential catastrophic events and the inevitable litigation arising from them, from predicting crises before they occur to testing legal theories once they arise, say Stratton Horres at Wilson Elser and David Steiger.

• What Experts, Attys Must Know About Psychological Injuries

  

  As the ongoing litigation between Kobe Bryant's widow and Los Angeles County illustrates, there are many forms of psychological injury that can have serious impacts — so mental health experts and attorneys must be precise when discussing these matters in court, says Prudence Gourguechon, a clinical psychiatrist and professional psychiatric expert witness.

• Tribal Corp. IP Suit Highlights Sponsored Research Pitfalls

  

  In Tulalip Tribal Federal Corp.'s recent Washington federal court action alleging that Stanford University copied a treatment based on research involving the tribes' confidential information, the parties' pleadings shed light on best practices for addressing ownership of sponsored research results in clear and precise terms, says attorney Catlan McCurdy.

• Supervisor Relationships Are Key To Beating Atty Burnout

  

  In order to combat record attorney turnover and high levels of burnout, law firm partners and leaders must build engaging relationships with supervisees, fostering autonomy and control, enabling expression of values, and building a sense of community and belonging, says Anne Brafford at the Institute for Well-Being in Law.

• How New Laws Could Tighten FDA Regulation Of Cosmetics

  

  Federal legislation on the use of perfluoroalkyl or polyfluoroalkyl substances and other ingredients in cosmetics has a good chance of passing this year, so companies should track policy developments, identify any PFAS ingredients in their cosmetic products, and prepare for possible new safety and reporting requirements, say attorneys at King & Spalding.

• Online Subscriptions Face New Calif. Arbitration Standard

  

  After a California state appeals court's recent ruling in Sellers v. JustAnswer against a website's so-called sign-in-wrap agreement that bound consumers to individual arbitration, companies offering recurring subscriptions to California consumers should reevaluate their enrollment processes, says Joseph Addiego at Davis Wright.

• What To Do As PFAS Food Packaging Phaseouts Approach

  

  Attorneys at Hogan Lovells offer tips on compliance with the transition timeline for the federal phaseout of the chemicals known as PFAS from food packaging, the coming bans in California, New York, Maine, Vermont, Washington, Connecticut and Minnesota, and the states' differing definitions of packaging terms.

• Interconnection Process Is Key To Calif.'s Green Power Goals

  

  If California is to achieve its greenhouse gas goals and procure its desired mix of power generation resources, the California Independent System Operator will need to get better at keeping pace with surging interconnection requests, says Seth Hilton at Stoel Rives.

• Libor Isn't Only Benchmark Transition That Requires Attention

  

  The final publication of the Eleventh District Cost of Funds Index, used to price adjustable-rate mortgages, is less than two weeks away, and demands the same kind of commitment and process that has gone into replacing Libor to avoid costly delays and litigation, says Jeffrey Armstrong at Berkeley Research Group.

• Drug Patent Suits' Novel Theory Tests False Claims Act Limits

  

  Three recent False Claims Act cases in federal district courts, pursuing the novel theory that pharmaceutical companies defrauded the government by charging inflated drug prices based on invalid patents, could set federal appellate courts on a collision course and create new risks for patent holders, say attorneys at Williams & Connolly.

• 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.

• Key Contract Lessons In Del. Justices' Hotel Deal Ruling

  

  The Delaware Supreme Court recently ruled in AB Stabile v. MAPS Hotels that a Chinese financial conglomerate breached a hotel sale agreement's standard ordinary course covenant, providing significant insight on the meaning and application of these contracts, and the need for consent on material changes prior to closing, say attorneys at Quinn Emanuel.

• Opinion

  FTC Should Rethink Market Issues In Facebook Case

  

  The Federal Trade Commission's antitrust prosecution of Meta Platforms, formerly Facebook, may have survived the initial litigation stage this week, but the case still does not embrace the markets it purports to fix, says David Reichenberg at Cozen O'Connor.