Expert Analysis

• States Shouldn't Fear HIPAA When Improving Gov't Services

  

  As the looming end of the COVID-19 public health emergency motivates states to streamline their processes for individuals seeking public benefits, they should generally not have to worry about violating the Health Insurance Portability and Accountability Act when sharing data across government services, says Jodi Daniel at Crowell & Moring.

• DOJ's Google Sanctions Motion Shows Risks Of Auto-Deletion

  

  The U.S. Department of Justice recently hit Google with a sanctions motion over its alleged failure to preserve relevant instant-messaging communications, a predicament that should be a wake-up call for counsel concerning the danger associated with automatic-deletion features and how it's been handled by the courts, say Oscar Shine and Emma Ashe at Selendy Gay.

• What To Expect From A Litigation Finance Industry Recession

  

  There's little data on how litigation finance would fare in a recession, but a look at stakeholders' incentives suggests corporate demand for litigation finance would increase in a recessionary environment, while the number of funders could shrink, says Matthew Oxman at LexShares.

• 2 Privacy Rulings Highlight Browsewrap Agreement Risks

  

  Companies should evaluate their use of browsewrap agreements and hybridwrap agreements to determine whether changes are appropriate to mitigate legal risk after two federal courts recently found defendants liable in cases that examined the enforceability of terms of use, say attorneys at Crowell & Moring.

• Justices Leave Questions Open On Dual-Purpose Atty Advice

  

  The U.S. Supreme Court's recent dismissal of In re: Grand Jury on grounds that certiorari was improvidently granted leaves unresolved a circuit split over the proper test for deciding when attorney-client privilege protects a lawyer's advice that has multiple purposes, say Susan Combs and Richard Kiely at Holland & Hart.

• Encouraging Labor Abuse Reports Beyond The PAGA Model

  

  The recent stalling of several state bills modeled after California's Private Attorneys General Act, which would allow workers to sue on behalf of the state over labor violations, suggests budget-constrained regulators should consider alternative tools for incentivizing employees to flag workplace abuses, says Joseph Jeziorkowski at Valiant Law.

• John Deere And Farmers Get Creative On 'Right To Repair'

  

  The recent pact between John Deere and the American Farm Bureau Federation, making the company's parts and technical information available to farmers and independent repair shops, is a milestone in the "right to repair" movement — and demonstrates an effective alternative to government mandates, say attorneys at Troutman Pepper.

• 3 Emerging Legal Risks For Hospital-At-Home Programs

  

  Given the massive recent expansions of the hospital-at-home model and its potential to fundamentally shift the way inpatient facilities deliver services, health providers considering long-term adoption should learn to navigate competing state and federal requirements designed for traditional hospital admission, say Devin Cohen and Brett Friedman at Ropes & Gray.

• A Chance For High Court To Resolve Superfund Circuit Split

  

  If it agrees to hear Georgia-Pacific v. NCR, the U.S. Supreme Court could provide much-needed clarity regarding the Comprehensive Environmental Response, Compensation and Liability Act’s statute of limitations, as the circuit courts' varying interpretations will have immense consequences applied to real-world issues such as the recent Ohio train derailment, says James Skyles at Skyles Law.

• Steps Lawyers Can Take Following Involuntary Terminations

  

  Though lawyers can struggle to recover from involuntary terminations, it's critical that they be able to step back, review any feedback given and look for opportunities for growth, say Jessica Hernandez at JLH Coaching & Consulting and Albert Tawil at Lateral Hub.

• 5 Ways Fed Crypto Statement Affects State Member Banks

  

  Although driven by concerns about state member banks' crypto-asset activities, the Federal Reserve System's recent policy statement could also affect activities of uninsured state member banks, such as trust companies, and may even extend to state banks' noncrypto activities, say attorneys at K&L Gates.

• High Court Ax Of Atty-Client Privilege Case Deepens Split

  

  The U.S. Supreme Court's recent dismissal of In re: Grand Jury as improvidently granted maintains a three-way circuit split on the application of attorney-client privilege to multipurpose communications, although the justices have at least shown a desire to address it, say Trey Bourn and Thomas DiStanislao at Butler Snow.

• Litigation, ESG Are Accelerating Shift To Circular Economy

  

  Consumer-focused recycling policy is generally set at the municipal level, but recent litigation is pushing companies to do more to recirculate products and materials, and environmental, social and governance reporting will likely further transform businesses' sustainability practices, say attorneys at ArentFox Schiff.

• 3 Job Satisfaction Questions For Partners Considering Moves

  

  The post-pandemic rise in legal turnover may cause partners to ask themselves what they really want from their workplace, how they plan to grow their practice and when it's time to make a move, says Patrick Moya at Quaero Group.

• State AGs May Put Investors On The Hook For Co. Bad Acts

  

  Recent multidistrict litigation against consulting firm McKinsey for its role in the opioid crisis suggests state attorneys general may be seeking to look beyond the first line of bad actors in an attempt to hold deep-pocketed investors, such as private equity firms, liable for the conduct of the companies they purchase, say attorneys at Troutman Pepper.