Expert Analysis

• What Cos. Should Know About D&O Policy Landscape In 2022

  

  Directors and officers liability insurance issues are likely to evolve this year against the backdrop of a new COVID-19 variant, rising inflation and other developments, particularly with regard to antitrust-related enforcement, special purpose acquisition companies, pandemic-related liability and cybersecurity, says Christina Lincoln at Robins Kaplan.

• 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.

• Ky. BIPA Copycat Bill Could Usher In Class Action Tsunami

  

  A new Kentucky bill replicating Illinois' Biometric Information Privacy Act may trigger a wave of class actions, and momentum for similar legislation in other states, but companies can get ahead of it by taking several proactive compliance measures, says David Oberly at Blank Rome.

• 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.

• 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.

• What Stablecoin Industry Can Expect From Congress In 2022

  

  As congressional scrutiny of the crypto-asset industry grows, stablecoin issuers and exchanges should anticipate new legislative proposals and regulatory developments, as well as further inquiries and oversight action, from both parties in Congress this year, say attorneys at Debevoise.

• Germany's Google Controls Illustrate Global Antitrust Trend

  

  Germany's recent move to rein in Google with extended restrictions on anti-competitive behavior provides an example of the new aggressive stance regulators around the world are adopting as tech giants grow their power in the digital economy, says Andrea Pomana at ADVANT Beiten.

• Reevaluating Organizations' Cybersecurity Needs After Log4j

  

  A recently unearthed vulnerability in the popular Apache Log4j software is the latest cyber incident that shows the whack-a-mole response is not sufficient, but there are certain reorientation strategies that can effectively mitigate cybersecurity risk, say Colin Jennings and Ericka Johnson at Squire Patton and Michael McAndrews at PacketWatch.

• 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.

• 3 Cybersecurity Imperatives For Financial Cos. This Year

  

  With cyberattacks and regulatory scrutiny both expected to increase in 2022, financial services companies should consider important compliance strategies to protect against cyber risks and enforcement actions, says Shardul Desai at Holland & Knight.

• Takeaways From White Collar Criminal Enforcement In 2021

  

  White collar criminal prosecutions were up in 2021, with recent high-profile fraud trials, the Biden administration's enforcement priorities and the continuing effects of the COVID-19 pandemic potentially reversing the previous trend of slumping white collar prosecutions, say attorneys at Keker Van Nest.

• 5 Advertising Law Trends To Watch

  

  For the world of advertising, 2022 will bring new compliance challenges and considerations shaped by legal developments in everything from nonfungible-token commerce in the metaverse to the ever-growing impact of social media on young users, say Jason Gordon and Deborah Bessner at Reed Smith.

• How In-House Counsel Can Make The Case For Settling Early

  

  Following the recent settlement in McDonald's v. Easterbrook, in-house counsel should consider decision-tree analyses and values-driven communications plans to secure effective, early resolutions in litigation, saving time and money and moving the company mission forward, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at The Torrenzano Group.

• To Retain Talent, GCs Should Prioritize Mission Statements

  

  With greater legal demands and an increasing number of workers resigning during the pandemic, general counsel should take steps to articulate their teams' values in departmental mission statements, which will help them better prioritize corporate values and attract and retain talent, says Catherine Kemnitz at Axiom.

• Why US Businesses May Stop Accepting Cryptocurrency

  

  New reporting requirements from the IRS and Financial Crimes Enforcement Network could be game changers that dramatically curtail U.S. businesses that accept cryptocurrency, says cybersecurity consultant John Reed Stark.