Florida

Expert Analysis

• A Biz Strategy Model To Improve Lateral Atty Hiring Diversity

  

  Quantitative comparison tools commonly used by companies in evaluating merger targets will allow law firms to assess lateral hire candidates in a demographically neutral manner, help remove bias from the hiring process and bring real diversity to the legal profession, says Thomas Latino at Florida State University.

• How Trade Dress Law Has Evolved During COVID

  

  As consumers return to in-store shopping and retailers shift strategies to boost products' shelf appeal, it's important to note that trade dress case law developments during the pandemic have emphasized a fine line between identity of brand and that of function, say Howard Hogan and Laura Mumm at Gibson Dunn.

• NextEra Ruling Could Support Initial-Bidder Expense Claims

  

  The Third Circuit’s recent broad decision that NextEra's unsuccessful merger bid for Energy Future Holdings could nevertheless benefit EFH's bankruptcy estate provides future stalking horse bidders substantial leverage and may establish an alternative way for them to recover transactional expenses, says Ronit Berkovich at Weil.

• Smaller Firms Need Employee Wellness Programs, Too

  

  As we emerge from the pandemic, small and midsize firms — which offer an ideal setting for companywide connection — should follow in the footsteps of larger organizations and heed the American Bar Association’s recommendations by adopting well-being initiatives and appointing a chief wellness officer, says Janine Pollack at Calcaterra Pollack.

• How Ad Disputes Between Cos. Fuel Consumer Class Actions

  

  Whether companies are bringing or defending claims of false advertising against competitors, they should recognize and anticipate the additional legal risk that may accrue from follow-on consumer actions, says Ross Weiner at Risk Settlements.

• Stop Networking, Start Relationship Marketing

  

  USA 500 Clubs' Joe Chatham offers four tips for lawyers to get started with relationship marketing — an approach to business development that prioritizes authentic connections — and explains why it may be more helpful than traditional networking post-pandemic.

• What Attorneys Should Know About Fee Deferral

  

  Milestone Consulting’s John Bair explores contingency-fee structuring considerations for attorneys, laying out the advantages — such as tax benefits and income control — as well as caveats and investment options.

• Predictions On Pandemic's Lasting Impact On Legal Education

  

  The pandemic accelerated the pace of technological change for legal education, and some of the changes to how law school courses are taught and on-campus interviews are conducted may be here to stay, says Leonard Baynes at the University of Houston.

• 3 Approaches For Measuring Short Squeeze Trading Damages

  

  In the ongoing multidistrict securities litigation over the impact of trading restrictions Robinhood imposed in response to January’s meme stock short squeeze, three proposed damages frameworks offer alternatives to the problematic approach of basing such estimates on lost trading opportunities, say consultants at Analytic Focus.

• Lawyer Perfectionism Is A Disease We Can Control

  

  The pursuit of perfection that is prevalent among lawyers can lead to depression, anxiety and other mental health impacts, but new attorneys and industry leaders alike can take four steps to treat this malady, says Liam Montgomery at Williams & Connolly.

• 5 Tips To Help Your 2021 Summer Associates Succeed

  

  Despite pandemic-related challenges this year, law firms can effectively train summer associates on writing and communicating — without investing more time than they ordinarily would, says Julie Schrager at Schiff Hardin.

• Opinion

  It's Time For States To Enact Effective Marijuana DUI Laws

  

  The increasing legalization of recreational marijuana spotlights the need for states to safeguard the public by developing laws to curb driving under the influence of drugs with uniform bright-line rules, along with more accurate testing and increased law enforcement training, say Laura Sedrish at Jacoby & Meyers and Victor Schwartz at Shook Hardy.

• Weighing Ability To Pay Criminal Fines Amid FCPA Crackdown

  

  As Foreign Corrupt Practices Act enforcement is expected to increase under the Biden administration, companies facing scrutiny should assess the reasonableness of fines in the context of their capacity to continue operations, and the potential impacts of filing an inability-to-pay claim, say analysts at Charles River Associates.

• Firms Should Use Surveys To Make Smart Legal Tech Choices

  

  The utility of legal technology innovations may be limited without clear data and objectives from the outset, but targeted surveys can provide specific insights that enable law firms to adopt the most appropriate and efficient tech solutions, says Tim Scott at Frogslayer.

• And Now A Word From The Panel: Location Is Central

  

  The Judicial Panel on Multidistrict Litigation's recent decision to centralize lawsuits over coffee labeling in Missouri, rather than in the locations suggested by either the plaintiffs or the defendants, highlights how venue selection can be one of the most unpredictable aspects of MDL practice, says Alan Rothman at Sidley.