• January 27, 2022

    The Term: Breyer's Legacy And The Nomination To Come

    Justice Stephen Breyer on Thursday formally announced he would be retiring at the end of the Supreme Court term. Here, The Term breaks down the legacy he will leave behind and takes a look at what lies ahead for his potential successor with two special guests.

  • January 27, 2022

    Breyer Retiring As Supreme Court Lurches Right

    Justice Stephen Breyer is retiring from the U.S. Supreme Court at a time when his conservative colleagues on the bench seem intent on dismantling landmark precedents on abortion, affirmative action and the administrative state, to name a few. Can his successor preserve his liberal legacy?

  • January 27, 2022

    Real Estate Rumors: Lennar, Jubao Xie, Calmwater Capital

    Lennar Homes has reportedly dropped $22.5 million on 25.3 acres in South Florida, developer Jubao Xie is said to be seeking $187 million with the sale of the world's tallest Holiday Inn and Calmwater Capital is said to have loaned $34 million for a Queens, New York, warehouse.

  • January 27, 2022

    Outdoor Guide Cos. Ask 10th Circ. To Rethink DOL Wage Rule

    Outdoor guide companies have appealed to the Tenth Circuit a ruling denying their bid for a preliminary injunction against a U.S. Department of Labor rule raising the guiding industry's minimum wage to $15 per hour, saying the rule goes against how the industry operates.

  • January 27, 2022

    Injured Live Nation Worker, Atty Take $5M Fee Spat To Court

    An event worker who won a historic award from Live Nation over an accident that left him with severe brain injuries is embroiled in an acrimonious dispute over attorney fees with his lawyer, who is suing him in New York over a $5.5 million fee.

  • January 27, 2022

    DHS Adds 20,000 H-2B Visas Amid Labor Shortage

    The U.S. Department of Homeland Security and U.S. Department of Labor added 20,000 H-2B visas for temporary nonagricultural workers Thursday, after receiving enough applications to exhaust the 53,000 visas already at play in the first half of the fiscal year.

  • January 27, 2022

    Cubs In Settlement Talks With DOJ Over Wrigley Accessibility

    The Chicago Cubs are in talks with the U.S. Department of Justice to resolve a compliance review of seating accessibility at Wrigley Field, according to Illinois federal court filings on Wednesday in a related Americans with Disabilities Act lawsuit against the team.

  • January 27, 2022

    Oakland A's Want Metal Scrapper Sanctioned In Pollution Row

    The Oakland Athletics say the owner of California's largest metal shredding facility should be sanctioned for refusing to turn over documents related to hazardous waste it allegedly spewed into the air, soil and water around West Oakland, in an ongoing battle over a future ballpark's dangerous atmosphere.

  • January 27, 2022

    Customer Drops Claims Uber Eats Overcharged Sales Tax

    A New York Uber Eats customer dropped a proposed class action Thursday that claimed the delivery service overcharged customers because of how it calculates sales taxes with its promotions.

  • January 27, 2022

    11th Circ. Won't Undo Royal Caribbean's Ice Skating Suit Win

    The Eleventh Circuit has upheld a bench trial win for Royal Caribbean Cruises Ltd. in a suit alleging its lack of rules against skating backward led to a Canadian woman breaking her leg when someone collided with her while ice skating.

  • January 27, 2022

    Allianz Unit's Negligence Claims Over Hotel Damage Revived

    The Georgia Court of Appeals revived an Allianz unit's negligence claim against a construction manager and its subcontractor over paying out $1.3 million for water damage at an Atlanta hotel.

  • January 27, 2022

    Judge Jackson Back In Spotlight As High Court Contender

    The upcoming vacancy on the U.S. Supreme Court quickly threw the spotlight back on D.C. Circuit Judge Ketanji Brown Jackson, a former clerk for Justice Stephen Breyer whose stature as a likely successor to the retiring justice was suddenly raised Wednesday.

  • January 27, 2022

    Biden At His Side, Justice Breyer Announces Retirement

    Supreme Court Justice Stephen Breyer joined President Joe Biden at the White House Thursday to formally announce his retirement, kicking off a rush among Democrats to confirm a new member of the court to replace the oldest serving justice.

  • January 26, 2022

    Insurers Beat Virus Suit In NJ As Property Damage Is Absent

    A New Jersey state judge ruled Wednesday that the lack of property damage torpedoed a bid from hospitality and recreational companies to obtain up to $490 million in coverage from excess insurers for losses related to the coronavirus outbreak.

  • January 26, 2022

    Democrats Plan Swift Confirmation Of Breyer Successor

    The U.S. Senate's Democratic leaders pledged Wednesday to move swiftly to confirm a successor for U.S. Supreme Court Justice Stephen Breyer, who is expected to formally announce his retirement Thursday.

  • January 26, 2022

    Chinese Investors Fight Proposed Axing Of EB-5 Fraud Suit

    A group of Chinese investors has urged a Florida district court to reject a magistrate's recommendation to permanently toss the investors' allegations that the developers of a Miami Beach hotel helped defraud them of millions they thought they were contributing to the project as part of a federal investment visa program.

  • January 26, 2022

    4 Cruise Lines Oppose Jury Demand In Havana Docks Case

    Four major cruise lines have asked a Florida federal court to refuse a former Cuban port owner's demand for a jury trial in its case claiming they violated federal law by docking ships in Havana, saying a magistrate judge wrongly recommended that the jury demand is viable.

  • January 26, 2022

    Meet The Possible Nominees For Justice Breyer's Seat

    President Joe Biden has promised to nominate the first-ever Black woman to the nation's highest court. Here we look at the contenders for Justice Stephen Breyer's seat, including one notable front-runner.

  • January 26, 2022

    7th Circ. Voids Order Allowing PPP Loan Relief For Strip Clubs

    The Seventh Circuit on Wednesday vacated an order allowing 49 strip clubs to participate in the U.S. Small Business Administration's second round of Paycheck Protection Program loan distribution, saying Congress isn't trying to regulate or suppress adult entertainment but has simply decided not to subsidize it.

  • January 26, 2022

    'Just Do Your Job': Justice Breyer's Legacy Of Pragmatism

    With the coming retirement of Justice Stephen Breyer, the U.S. Supreme Court loses not only a core member of its liberal bloc, but also a judicial thinker who cares deeply about making the law work on a practical level, those who worked with him said.

  • January 26, 2022

    Coverage For Eatery's Pandemic Losses Barred By Exclusion

    A Tampa-area restaurant isn't entitled to coverage for pandemic losses it sustained when it closed its doors and its food spoiled, a Florida federal judge found, saying a virus exclusion in its policy barred coverage.

  • January 26, 2022

    5 Breyer Opinions You Need To Know

    Justice Stephen Breyer, who was confirmed Wednesday to be stepping down from the court after 27 years, was a pragmatist who thought about the real-world implications of the high court’s decisions. Here, Law360 looks at some of the cases that epitomize his career.

  • January 26, 2022

    Zurich Seeks Dismissal Of Qdoba's Virus Coverage Claims

    Zurich American Insurance Co. asked a Colorado federal judge to dismiss Qdoba's COVID-19 coverage claims, arguing that neither the presence of the virus nor government orders cause "physical loss of or damage to property."

  • January 26, 2022

    Justice Breyer To Retire From High Court

    Justice Stephen Breyer, one of the longest-serving liberal members of the U.S. Supreme Court, will resign his post after more than 27 years on the bench.

  • January 25, 2022

    NY's Mask Mandate Back In Force After Appellate Stay

    A New York appellate judge on Tuesday reinstated the state's mask mandate just a day after a lower court blocked the measure, agreeing with state officials that the mandate should stay in place while the matter is being appealed.

Expert Analysis

  • How AI Can Transform Crisis Management In Litigation

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    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

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    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.

  • Make-Whole Claim Lessons From Hertz Bankruptcy Ruling

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    After the Delaware bankruptcy court's recent decision in Wells Fargo v. Hertz, courts may continue to hear the assertion that early payoff premiums constitute unmatured interest, which could shape best practices in formulating make-whole clauses to avoid such arguments, say attorneys at Mayer Brown.

  • The Rising Demand For Commercial Litigators In 2022

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    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.

  • Biden's Antitrust Shift May Play Out On The Golf Course

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    The Biden administration's tougher stance on antitrust enforcement could bring about changes in professional golf, particularly restrictions on non-PGA tournaments and broadcasts, says Tad Lipsky at George Mason University.

  • Key Contract Lessons In Del. Justices' Hotel Deal Ruling

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    The Delaware Supreme Court recently ruled in AB Stabile v. MAPS Hotels that a Chinese financial conglomerate breached a hotel sale agreement's standard ordinary course covenant, providing significant insight on the meaning and application of these contracts, and the need for consent on material changes prior to closing, say attorneys at Quinn Emanuel.

  • Opinion

    Justices Correctly Used Shadow Docket In OSHA Vax Ruling

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    The U.S. Supreme Court’s use of the shadow docket to sink the Biden administration’s vaccine mandate for large employers in National Federation of Independent Business v. U.S. Department of Labor was the right procedure given the rule’s time-limited duration — even if the court reached the wrong substantive result, says Peter Fox at Scoolidge Peters.

  • What High Court Rulings Mean For Employer Vax Mandates

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    While the U.S. Supreme Court’s recent opinions on COVID-19 vaccination mandates for private and health care employers offer important guidance on workplace applicability, lower courts’ resolution of the underlying lawsuits could still pose further changes, says Jordann Wilhelm at Radey Law Firm.

  • 5 Advertising Law Trends To Watch

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    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

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    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

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    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.

  • Recent Bias Suits Against Law Firms And Lessons For 2022

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    2021 employment discrimination case filings and developments show that law firms big and small are not immune from claims, and should serve as a reminder that the start of a new year is a good time to review and update salary, promotion and leave policies to mitigate litigation risks, says Hope Comisky at Griesing Law.

  • Using CARES Act To Preempt NY Rent Demand Rules

    Excerpt from Practical Guidance
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    Moving into 2022, many pandemic-era tenant protections have expired or will soon expire, but tenants in New York should keep in mind that the Coronavirus Aid, Relief and Economic Security Act provides viable protection against 14-day rent demands due to federal preemption of the Real Property Actions and Proceedings Law, says Andrew Darcy at Mobilization for Justice.

  • Associate Hiring Outlook At Law Firms Is Bright For 2022

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    After a year of extraordinary signing bonuses, nearly instantaneous offers and flexible work arrangements, strong demand for talented law firm associates will continue into 2022 — with some differences between East and West Coast markets — and junior attorneys should take steps to capitalize on the opportunity, say Ru Bhatt and Summer Eberhard at Major Lindsey.

  • Roundup

    The Most-Read Legal Industry Guest Articles Of 2021

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    Popular legal industry guest articles this year included commentary on the admissibility of video depositions, an unusual U.S. Supreme Court citation, the perils of lawyer perfectionism, and more.

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