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Expert Analysis

• FCA Relator Pursuit Of DOJ's Declined Cases Is Vital

  

  While a recent Law360 guest article suggests that the U.S. Department of Justice consider dismissing all False Claims Act cases it declines, that policy would undermine the FCA's broad remedial purpose of empowering private citizens to combat fraud against the government, say Jacklyn DeMar at Taxpayers Against Fraud Education Fund and Renée Brooker at Tycko & Zavareei.

• Revamping Law Firm Marketing Lists — With Partner Buy-In

  

  Jackson Lewis’ Paige Bowser shares lessons from the firm's recent overhaul of an outdated email marketing database, including tips for getting partners on board, ensuring compliance with privacy laws and augmenting outreach strategies.

• Recent High Court Decisions Signify 1st Amendment Direction

  

  The U.S. Supreme Court’s recently concluded term saw a flurry of First Amendment cases, providing lessons for how the court, with its 6-3 conservative split, may rule next term on issues of free speech, religious freedom, association rights and more, as questions regarding social media and technological advances loom, says Samuel Mitchell at Michael Best.

• The Murky World Of Legal Rankings Gets Some Clarity In NJ

  

  New Jersey's new, stringent approach to legal rankings will make accolade advertising more transparent, benefiting both attorneys and clients and offering legal marketers a new set of best practices amid evolving standards, say Penny Paul at Lowenstein Sandler and Susan Peters at Greybridge.

• Embracing ESG: Cigna Counsel Talks Employee Wellness

  

  Building employee well-being into corporate environmental, social and governance priorities required our legal team to focus more closely on cross-functional collaboration within the company and increased communication with our board of directors and shareholders, says Julia Brncic at Cigna.

• Courts' Clashing Standards For Evidence At Class Cert.: Part 2

  

  While federal circuits continue to split on whether to approach fact and expert evidence differently at class certification, and there is no sign of a U.S. Supreme Court ruling to resolve the issue, applying an admissibility standard to one and not the other appears illogical, say attorneys at McGuireWoods.

• Hybrid Work Models Are Key To Gender Parity In Law Firms

  

  To curb the historically high rates of attrition among female lawyers, Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks suggest firms must normalize hybrid work schedules, and they recommend best practices to promote engagement among all attorneys, regardless of where they work.

• Baltimore Bill Is Most Draconian Facial Recognition Ban Yet

  

  Because Baltimore's recently passed bill banning use of facial recognition by private entities goes even further than Portland's ban by imposing criminal penalties and may encourage lawmakers in other jurisdictions, companies need to institute flexible, adaptable biometric privacy compliance frameworks, says David Oberly at Blank Rome.

• Courts' Clashing Standards For Evidence At Class Cert.: Part 1

  

  The Sixth Circuit's recent ruling in Lyngaas v. Ag highlights an ongoing circuit split on whether plaintiffs moving to certify a class must use admissible evidence and whether fact and expert evidence should be treated equivalently in this regard, say attorneys at McGuireWoods.

• How Law Firms Can Market To Growing Hispanic Community

  

  Hispanics constitute one of the fastest growing minority populations in the U.S., and with a young median age and broad technology use, forward-looking firms should consider digital marketing strategies to build a loyal client base, say Natalie Fragkouli and Liel Levy at Nanato Media.

• Keys To Efficient And Accurate Doc Review For E-Discovery

  

  Attorneys involved in e-discovery can review information accurately and cost-effectively by understanding the data in a document collection and identifying its key pitfalls, drafting comprehensive review guidelines, and preparing ahead, says John Wertelet at Eckert Seamans.

• The Changing Pennsylvania Tax Landscape For Remote Work

  

  Businesses with employees in Pennsylvania should be prepared to adapt to a post-COVID-19 world now that temporary guidance regarding remote work has expired and pre-pandemic rules regarding employment tax withholding and nexus have been applied, say Wendi Kotzen and Christopher Jones at Ballard Spahr.

• Mass. Ruling A Cautionary Tale For Attorneys Changing Firms

  

  The Massachusetts high court's recent ruling in Governo v. Bergeron, that lawyers could be held liable for unfair competition with a former firm, highlights important considerations for departing attorneys soliciting clients to come with them, say Mariana Korsunsky and Gary Ronan at Goulston & Storrs.