Opinion

Now's The Time To Address Archaic Law School Curricula

With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.

Lessons From Lawyer Fee-Sharing Agreements Gone Wrong

The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.

LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue

A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.

A Robust Tool For Defending Against Illinois Biometric Suits

Many defendants in class actions brought under the Illinois Biometric Information Privacy Act may be able to avail themselves of the law's financial institution exemption, which, as two recent cases demonstrate, covers a range of entities beyond traditional banks — but parties must be able to establish their entitlement to this defense, says David Oberly at Squire Patton.

8 Steps To Creating A Legal Ops Technology Road Map

Legal departments struggling to find and implement the right technologies for their operations should consider creating a road map that summarizes their approach to technology changes, provides clearly defined metrics for success, and serves as the single source of truth for stakeholders, says Melanie Shafer at SimpleLegal.

Arbitration Rulings Suggest Courts Need More Info On ERISA

A Colorado federal court's recent Federal Arbitration Act decision in Harrison v. Envision is the latest example of a court not considering important extrastatutory materials that are key to interpreting ERISA and casts significant doubt on whether courts have been interpreting ERISA properly in arbitration cases, says Rick Pearl at Faegre Drinker.

The Importance Of Data And Data Analysis In Litigation

Understanding, analyzing and effectively presenting large data sets is an increasingly important skill in litigation as it allows plaintiffs to dramatically scale up the scope of cases and is often critical to defeating motions to dismiss and motions for summary judgment, says David Burnett at Motley Rice.

Why Medical Product Cos. Must Watch Dobbs Decision

The U.S Supreme Court's pending Dobbs v. Jackson Women's Health decision, which may reverse Roe v. Wade, could cause a broad range of medical product companies to become targets for civil or even criminal litigation, says Eric Alexander at Reed Smith.

Opinion

Supreme Court Should Review Flight Break Mandate

Despite government pushback, the U.S. Supreme Court should review Virgin America v. Bernstein, a Ninth Circuit decision that would require meal and rest breaks for flight attendants, as federal law and California regulations are in clear conflict and threaten to disrupt national air transportation, says Patricia Vercelli at Airlines for America.

2 New Defenses To Federal Shareholder Derivative Claims

Increasingly, plaintiffs are bringing Securities Exchange Act claims in derivative suits because they perceive these claims to have advantages compared to traditional fiduciary duty claims, but there are several reasons why plaintiffs are wrong and the flawed assumptions underlying these claims should be tested in court, say Brian Lutz and Michael Kahn at Gibson Dunn.

Suits Against Google Signal Increased 'Dark Patterns' Scrutiny

Recent lawsuits brought against Google by attorneys general in multiple states illustrate a growing trend of pushback against dark patterns — design tricks that harmfully manipulate consumer behavior — so companies should ensure their current and future marketing practices do not put them at risk, say attorneys at Sidley.

Steps Companies Can Take To Mitigate Privilege Labeling Risk

Although Google prevailed on a recent privilege labeling sanctions motion, an important takeaway from the decision is that companies should assess their in-house procedures and employee training programs regarding privileged communications to mitigate risks of the potential appearance of bad faith privilege claims, say Gareth Evans at Redgrave and e-discovery attorney James Hertsch.

What Litigation Funding Disclosure In Delaware May Look Like

A standing order issued by Delaware's chief federal judge requiring litigants to disclose whether their cases or defenses are being financed by third parties is unlikely to have onerous effects but may raise questions regarding potential conflicts of interest and access to justice, say Cayse Llorens and Matthew Oxman at LexShares.

How To Avert Unlawful Poaching Amid Rising Antitrust Risks

Despite the uptick in labor market antitrust enforcement actions, no-poach agreements can be helpful in preventing unfair competition resulting from misuse of confidential or competitively sensitive information — when tailored appropriately and used with best practices to reduce risk, say attorneys at Ropes & Gray.

Opinion

State Crackdown On Deceptive Ads For Drug Suits Is Welcome

Advertising aimed at recruiting plaintiffs for drug and medical device litigation can have serious consequences for patients who stop taking needed medicines after viewing the campaigns — so recent efforts by states to curb misleading claims in these ads should be adopted more widely, say Victor Schwartz and Cary Silverman at Shook Hardy.