Expert Analysis

• 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.

• Litigation Complicates Surprise Medical Bill Law Compliance

  

  Health care providers working on compliance with a recently effective law intended to curb surprise medical bills should prioritize provisions of the statute that are not being challenged by a group of ongoing lawsuits, and prepare to take advantage of potential provider-friendly court rulings regarding components in question, say Brenna Jenny and Jaime Jones at Sidley.

• 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.

• Rebuttal

  Trucking Cos. Need Stronger Insurance To Protect Public

  

  A recent Law360 guest article urged lawmakers to implement liability protections for the trucking industry, but raising outdated trucking insurance limits would better incentivize companies to keep unsafe drivers and vehicles out of their fleets to begin with, protecting the industry and motorists alike, says Tad Thomas at The Thomas Law Offices and the American Association for Justice.

• 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.

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

  

  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.

• 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.

• Opinion

  Trucking Industry Needs Protection From Huge Legal Verdicts

  

  Truckers and trucking companies are plagued by an exponential increase in accident litigation costs, with damages awards skyrocketing in recent years, so lawmakers should consider giving the trucking industry special liability protections similar to those enjoyed by Amtrak and emergency workers, says Harold Kim at the U.S. Chamber of Commerce Institute for Legal Reform.

• 8th Circ. Ruling Sets Road Map For Disability Benefit Reviews

  

  A recent ruling from the Eighth Circuit in Roehr v. Sun Life Assurance reinstated the plaintiff's disability benefits, demonstrating that while an initial approval is not a guarantee of ongoing payment, insurers need to tread carefully when they terminate benefits in the absence of new findings, says Mark DeBofsky at DeBofsky Sherman.

• 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.

• Medicare Advantage Plans Must Beware DOJ Scrutiny

  

  The U.S. Department of Justice is increasingly investigating how health insurers report risk adjustment data in connection with the Medicare Advantage program, and several recent cases help detail the types of conduct that the DOJ is focusing on, say attorneys at Debevoise.

• Minn. Big Oil Climate Suit Follows Big Tobacco Blueprint

  

  The theory behind Minnesota's litigation against major oil companies is that the petroleum industry has known for decades that use of fossil fuels causes climate change — and the parallels with the state's successful 1990s litigation against the tobacco industry are instructive, say Dennis Anderson and Jason Reeves at Zelle.

• How The ERISA Landscape May Shift This Year

  

  Employee Retirement Income Security Act litigation shows no signs of slowing down after the past two landmark years, with courts poised to tackle key issues including the pleading standard for fee cases, the enforceability of arbitration agreements, mental health parity and more, say attorneys at Groom Law Group.

• Associate Hiring Outlook At Law Firms Is Bright For 2022

  

  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.