Expert Analysis

• Perspectives

  Mallory Gives Plaintiffs A Better Shot At Justice

  

  Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.

• What's Next For Enviro Justice After Affirmative Action Ban?

  

  The U.S. Supreme Court's recent decision striking down affirmative action measures in university admissions raises questions about the future of the Biden administration's environmental justice initiatives — but EJ advocates may still have reasons for cautious optimism, say J. Michael Showalter and Robert Middleton at ArentFox Schiff.

• Opinion

  When Corporate Self-Disclosure Threatens Individuals' Rights

  

  The prosecution of former Cognizant executives in New Jersey federal court demonstrates how the U.S. Department of Justice’s corporate enforcement policy can contravene the constitutional rights of individual defendants who are employed by cooperating companies, says Gideon Mark at the University of Maryland.

• Courts Can Overturn Deficient State Regulations, Too

  

  While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.

• How Construction Industry Can Help Mitigate Wildfire Impact

  

  The recent uptick of wildfires across North America has resulted in renewed calls for construction job site changes and increased management of sites in order to mitigate the risk of outbreaks and workers' exposure to hazardous air quality, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.

• Tales From The Trenches Of Remote Depositions

  

  As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.

• The Importance Of Sustainable, Resilient Construction Design

  

  Due to the significant role that the construction industry plays in climate change, industry participants must understand the concepts of sustainable and resilient design practices, as well as the risks associated with implementing or foregoing these practices, say Daniel Brennan and Marissa Downs at Laurie & Brennan.

• Sackett Ruling, 'Waters' Rule Fix Won't Dry Up Wetlands Suits

  

  In the wake of the U.S. Supreme Court's recent ruling in Sackett v. U.S. Environmental Protection Agency narrowing the scope of Clean Water Act protections, the Biden administration is amending its rule defining "waters of the United States" — but the revised rule will inevitably face further court challenges, continuing the WOTUS legal saga indefinitely, say attorneys at Milbank.

• Minn. Mine Denial Stresses Importance Of Tribal Partnerships

  

  The Army Corps of Engineers' decision to revoke a suspended Clean Water Act permit for a proposed mine in Minnesota is a reminder that project developers need to take tribal authority and rights seriously and consider early and frequent consultation with tribes, say attorneys at K&L Gates.

• Level Up Lawyers' Business Development With Gamification

  

  With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.

• Texas Construction Statute Of Repose Leaves Open Questions

  

  Texas' new significantly shorter statute of repose barring certain suits against construction contractors contains some ambiguous wording that will likely raise questions to be decided by courts, says Mason Hester at Munsch Hardt.

• Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled

  

  In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.

• Consider Self-Help To Trigger Additional-Insured Status

  

  A New Jersey federal court recently affirmed that owners and contractors can use self-help by filing third-party claims for indemnification against subcontractors, triggering coverage from a subcontractor's insurance by asserting that an employee's injuries resulted from the subcontractor's fault or the employee's own negligence, say Allen Wolff and Ethan Middlebrooks at Anderson Kill.

• 5 Ways Firms Can Rethink Office Design In A Hybrid World

  

  As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.

• How To Avoid Flopping When Flipping Fla. Real Estate

  

  As land prices rise, Florida real estate developers are increasingly contracting to flip property to other purchasers for a profit, and they should carefully consider the unique risks and issues associated with the different forms that the process can take, says Gary Kaleita at Lowndes.