Expert Analysis

• 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.

• What Starbucks Union Efforts May Mean For Service Industry

  

  Collective bargaining agreements that result from growing unionization drives at Starbucks cafes across the country could change how and what customers can order — and foreshadow broader shifts in the service and restaurant industries as COVID-19 and attendant labor shortages put pressure on employers, say David Pryzbylski and Colleen Naumovich at Barnes & Thornburg.

• 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.

• The New Antitrust Agenda's Impact On Energy And Chemicals

  

  The Biden administration's antitrust enforcers have already left their mark on the energy and chemicals industries, with longer and more frequent investigations, lower standards for second requests on mergers, and a wider range of concerns in merger reviews, say attorneys at V&E.

• Corporate Boards Need Not Fear 7th Circ. Boeing Decision

  

  The Seventh Circuit’s recent decision in Seafarers Pension Plan v. Bradway, over Boeing shareholders' rights to bring federal derivative suits over the 737 Max aircraft, may encourage creative Securities Exchange Act claims to avoid exclusive forum provisions, but boards of Delaware corporations still have tools to avoid duplicative litigation, say attorneys at Skadden.

• Opinion

  Electricity Market Competition Helps Consumers And Climate

  

  Lawmakers looking to combat climate change and increase consumer choice should encourage and expand competitive electricity supply markets, to free customers from inefficient and often corrupt vertically integrated monopoly utilities, says Todd Snitchler at the Electric Power Supply Association.

• 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.

• Aviation Watch: Resolving The FAA-FCC Fight Over 5G

  

  Concerns over interference with aircraft altimeters are delaying the U.S. rollout of 5G wireless technology, and it may take special action by the Biden administration to resolve the standoff between the Federal Communications Commission and the Federal Aviation Administration over the issue, says Alan Hoffman, a retired attorney and aviation expert.

• 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.

• How State High Courts Are Ruling On Consent To Jurisdiction

  

  Recent state supreme court decisions from New York, New Mexico, Pennsylvania and Georgia implicate whether a corporate defendant will be subject to suit for claims unconnected to a state merely for registering to do business there, and the tension between the Georgia Supreme Court's decision and settled precedent means the issue may be before the U.S. Supreme Court soon, say Jayne Risk and Neal Kronley at DLA Piper.

• 5 Privacy Law Predictions For 2022

  

  To prepare for increased state, federal and international privacy regulation and enforcement this year, companies should focus on sufficient data security measures, fair and transparent use of artificial intelligence and biometrics, and integration of new contractual clauses into cross-border data transfer agreements, says Liisa Thomas at Sheppard Mullin.

• Recent Bias Suits Against Law Firms And Lessons For 2022

  

  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.