Expert Analysis

• Mind The Gap: Crafting D&O Straddle Coverage For M&A

  

  A recent Florida federal court decision highlights an often-overlooked risk for those negotiating directors and officers insurance coverage for mergers and acquisitions: the potential for so-called straddle claims, falling in the gap between tail and go-forward coverage, say attorneys at Reed Smith.

• Calif.'s Civility Push Shows Why Professionalism Is Vital

  

  The California Bar’s campaign against discourteous behavior by attorneys, including a newly required annual civility oath, reflects a growing concern among states that professionalism in law needs shoring up — and recognizes that maintaining composure even when stressed is key to both succeeding professionally and maintaining faith in the legal system, says Lucy Wang at Hinshaw.

• Del. Dispatch: Workplace Sexual Misconduct Liability In Flux

  

  Following the Delaware Court of Chancery's recent contradictory rulings in sexual misconduct cases involving eXp World, Credit Glory and McDonald's, it's now unclear when directors' or officers' fiduciary duties may be implicated in cases of their own or others' sexual misconduct against employees, say attorneys at Fried Frank.

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  Trivia Competition Makes Me A Better Lawyer

  

  Playing trivia taught me to quickly absorb information and recognize when I've learned what I'm expected to know, training me in the crucial skills needed to be a good attorney, and reminding me to be gracious in defeat, says Jonah Knobler at Patterson Belknap.

• An Instructive Reminder On Appealing ITC Determinations

  

  A recent Federal Circuit decision, partially dismissing Crocs' appeal of a U.S. International Trade Commission verdict as untimely, offers a powerful reminder that the ITC is a creature of statute and that practitioners would do well to interpret those statutes conservatively, says Derrick Carman at Robins Kaplan.

• Ruling Puts Guardrails On FTC Merger Filing Rule Expansion

  

  A Texas federal court recently vacated the Federal Trade Commission's overhaul of the Hart-Scott-Rodino premerger notification form, in a significant setback for the antitrust agencies, say attorneys at Reed Smith.

• Coinbase Ruling Outlines Litigation Committee Conflict Risks

  

  The Delaware Court of Chancery's recent rejection in Grabski v. Andreessen of a special litigation committee's motion to terminate or settle — its first such decision in over a decade — over conflict concerns highlights why the independence of SLC counsel matters just as much as that of committee members, says Joel Fleming at Equity Litigation Group.

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  Law School's Missed Lessons: What Cross-Selling Truly Takes

  

  Early-career attorneys may struggle to introduce clients to practitioners in other specialties, but cross-selling becomes easier once they know why it’s vital to their first years of practice, which mistakes to avoid and how to anticipate clients' needs, say attorneys at Moses & Singer.

• CFIUS Initiative May Smooth Way For Some Foreign Investors

  

  A new program that will allow certain foreign investors to be prevetted and admitted to fast-track approval by the Committee on Foreign Investment in the United States will likely have tangible benefits for investors participating in competitive M&A, say attorneys at Simpson Thacher.

• When Tokenized Real-World Assets Collide With Real World

  

  The city of Detroit's ongoing case against Real Token, alleging building code and safety violations across over 400 Detroit residential properties, highlights the brave new world we face when real estate assets are tokenized via blockchain technology — and what happens to the human tenants caught in the middle, say Biying Cheng and Cornell law professor David Reiss.

• Strategies For Effective Class Action Email Notice Campaigns

  

  Recent cases provide useful guidance on navigating the complexities of sending email notices to potential class action claimants, including drafting notices clearly and effectively, surmounting compliance and timing challenges, and tracking deliverability, says Stephanie Fiereck at Epiq.

• Ariz. Uber Verdict Has Implications Beyond Ride-Hailing Cos.

  

  When an Arizona federal jury in Jaylyn Dean v. Uber Technologies recently ordered Uber to pay $8.5 million to a woman who said she was sexually assaulted by her driver, their most important finding — that the driver was Uber's agent — could have huge consequences for future litigation involving platform-based businesses, says Michael Epstein at The Epstein Law Firm.

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  Judges On AI: Practical Use Cases In Chambers

  

  U.S. Magistrate Judge Allison Goddard in the Southern District of California discusses how she uses generative artificial intelligence tools in chambers to make work more efficient and effective — from editing jury instructions for clarity to summarizing key documents.

• Opinion

  Corporations Should Think Twice About Mandatory Arbitration

  

  The U.S. Securities and Exchange Commission's recent acceptance of mandatory arbitration provisions in corporate charters and bylaws does not make them wise, as the current system of class actions still offers critical advantages for corporations, says Mohsen Manesh at the University of Oregon School of Law.

• California's New Privacy Laws Demand Preparation From Cos.

  

  An increase in breach disclosures is coinciding with California's most comprehensive privacy and artificial intelligence legislation taking effect, illustrating the range of vulnerabilities organizations in the state face and highlighting that the key to successfully managing these requirements is investing in capabilities before they became urgent, says Camilo Artiga-Purcell at Kiteworks.