Expert Analysis

• 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.

• What Infrastructure Act Means For Transmission Line Projects

  

  The Infrastructure Investment and Jobs Act gives the Federal Energy Regulatory Commission authority to supersede state siting decisions for electric transmission projects, but environmental review requirements make a sudden acceleration of transmission line construction unlikely, say attorneys at Winston & Strawn.

• 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.

• Pa. High Court Tax Refund Ruling Leaves Questions

  

  The Pennsylvania Supreme Court's recent General Motors v. Commonwealth tax decision deciding the constitutionality of limitations on net loss deductions and net loss carryovers raises questions about retroactivity, remedies in future cases, and financial statements, says Michael Semes at BakerHostetler.

• Pa. Jurisdiction Ruling Is Good News For Out-Of-State Cos.

  

  The Pennsylvania Supreme Court's recent landmark decision in Mallory v. Norfolk Southern, ending the practice of subjecting foreign corporations to general personal jurisdiction based on their registration to conduct business in the state, should significantly reduce lawsuits against out-of-state companies in Pennsylvania courts, says Benjamin Hartwell at Ward Greenberg.

• 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.

• 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.

• A Tale Of Two Cases: Lessons In No-Poach Litigation

  

  Attorneys at Hunton compare two recent no-poach cases, Aya Healthcare v. AMN Healthcare and Pittsburgh Logistics Systems v. Beemac Trucking, which dealt with seemingly similar provisions but reached different results, offering guidance to avoid or combat these crucial antitrust issues.

• Top 5 Drug And Medical Device Legal Issues Of 2021

  

  Two years into the pandemic, COVID-19 continues to drive significant legal developments for drug and device companies, but opioid, personal jurisdiction and litigation funding trends are noteworthy as well, say attorneys at Faegre Drinker.

• 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.

• 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.

• Roundup

  The Most-Read Legal Industry Guest Articles Of 2021

  

  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.

• Injunctions May Only Pause Gov't Contractor Vaccine Mandate

  

  Notwithstanding a string of recent decisions enjoining implementation of President Joe Biden's COVID-19 vaccine mandate for government contractors, it would be prudent for contractors to keep compliance infrastructure in place as litigation continues, says Richard Arnholt at Bass Berry.

• A Law Firm Leader's Guide To Seeking Effective Feedback

  

  Law firm leaders often claim to have their fingers on the pulse of the people in their firms, but perspectives can be heavily weighted toward certain partners, so leaders should take certain steps to ensure they receive well-rounded feedback that helps them make more informed decisions, says Jennifer Johnson at Calibrate Legal.