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.

• What To Do As PFAS Food Packaging Phaseouts Approach

  

  Attorneys at Hogan Lovells offer tips on compliance with the transition timeline for the federal phaseout of the chemicals known as PFAS from food packaging, the coming bans in California, New York, Maine, Vermont, Washington, Connecticut and Minnesota, and the states' differing definitions of packaging terms.

• 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.

• 3 Cybersecurity Imperatives For Financial Cos. This Year

  

  With cyberattacks and regulatory scrutiny both expected to increase in 2022, financial services companies should consider important compliance strategies to protect against cyber risks and enforcement actions, says Shardul Desai at Holland & Knight.

• 2008 Crisis Offers Lessons For Oncoming Foreclosure Wave

  

  Following the recent lifting of New York's pandemic-era foreclosure moratorium, courts will likely face a substantial influx of foreclosure filings — but the 2008 financial crisis can serve as a guide for both courts and practitioners on streamlining cases, says Christopher Gorman at Abrams Fensterman.

• New Whistleblower Rights Heighten Risk For NY Employers

  

  Amendments to New York's anti-retaliation law that go into effect next week will drastically expand whistleblower protections, leaving employers to mitigate the increased risk of claim exposure while also considering how COVID-19 mandates might complicate compliance, say attorneys at Holland & Knight.

• Takeaways From White Collar Criminal Enforcement In 2021

  

  White collar criminal prosecutions were up in 2021, with recent high-profile fraud trials, the Biden administration's enforcement priorities and the continuing effects of the COVID-19 pandemic potentially reversing the previous trend of slumping white collar prosecutions, say attorneys at Keker Van Nest.

• 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.

• Ruling Confirms Causation Is Key Under NY Anti-SLAPP Law

  

  New York's anti-SLAPP statute gives defendants a powerful tool against speech suppression, but the New York Supreme Court's recent decision in RSR v. LEG Q shows that the law requires clear proof of a connection between protected speech and an allegedly retaliatory SLAPP suit, says William Brewer at Brewer Attorneys & Counselors.