Expert Analysis

• 3 Keys To Success For Health Care Private Equity Buyers

  

  As large private equity funds increasingly look to expand in the health care sector, displacing some middle market buyers, it is important for buyers to prioritize preparation, speed and conviction when pursuing deals, says Kristian Werling at McDermott.

• 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 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.

• Evaluating Director Protections After Del. Bankruptcy Ruling

  

  The Delaware Bankruptcy Court's recent decision in Friedman v. Wellspring Capital, outlining the conditions under which an alleged duty of loyalty breach can survive a motion to dismiss, may undermine corporate decision makers' ability to negotiate for what are customary and necessary protections as they manage distressed entity transactions, say attorneys at Ropes & Gray.

• M&A Ruling Illustrates Limits Of Disclaiming Fraud In Del.

  

  The Delaware Chancery Court's recent ruling in Fortis Advisors v. Johnson & Johnson shows that parties negotiating M&A transactions should be mindful that extracontractual fraud claims may only be eliminated through explicit anti-reliance provisions, say attorneys at Troutman Pepper.

• 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.

• Anticipate Another Busy Year Of M&A Activity

  

  M&A action is likely to continue at a hectic pace this year, with 24/7 remote work practices, regulatory covenant litigation, and acquisitions of supply chain actors all showing no signs of slowing down, says Ethan Klingsberg at Freshfields.

• Green Light On SPAC Deal Suit Puts Fiduciary Duty In Context

  

  By allowing a class suit over the MultiPlan special-purpose acquisition company merger to proceed, the Delaware Chancery Court demonstrates the importance of robust disclosures to avoid triggering fiduciary duty claims against a SPAC's sponsor and its directors, say attorneys at Skadden.

• 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.

• Private Funds Should Prepare For More SEC Oversight In 2022

  

  The U.S. Securities and Exchange Commission’s recent remarks signal a desire to enhance transparency obligations for private funds, so as the new year begins, advisers should evaluate their compliance regimes with respect to fees and expenses, valuation policies and fiduciary duty waivers, say Jaclyn Grodin at Goulston & Storrs and Joel Cohen at Stout.

• 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.

• Expect More Auditor Enforcement Actions From SEC In 2022

  

  The U.S. Securities and Exchange Commission brought few charges and settlements against auditors for violations of professional auditing or accounting standards this year, but shifting priorities under the Biden administration could spur increased enforcement in 2022, say Chuck Smith and Andrew Fuchs at Skadden.