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.

• Scope, Circumvention, New Shippers: Key Rule Changes

  

  William Isasi and Rishi Gupta at Covington suggest practices international trade practitioners should adopt in response to changes in U.S. Department of Commerce procedures for requesting scope and circumvention inquiries and new shipper reviews, especially in light of the newly retroactive application of some agency determinations.

• 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.

• Opinion

  FTC Rulemaking Risks Expansion Of Unfair-Method Bounds

  

  The Federal Trade Commission's plan to issue rules defining unfair methods of competition under Section 5 of the FTC Act arguably exceeds the commission's power, and isn't justified, because the current case-by-case approach to promoting competition through adjudication is preferable, says Sean Gates at Charis Lex.

• Germany's Google Controls Illustrate Global Antitrust Trend

  

  Germany's recent move to rein in Google with extended restrictions on anti-competitive behavior provides an example of the new aggressive stance regulators around the world are adopting as tech giants grow their power in the digital economy, says Andrea Pomana at ADVANT Beiten.

• What To Expect From Merger Guideline Modernization

  

  The U.S. Department of Justice's and Federal Trade Commission's recent request for comment on amending the merger review guidelines provides perhaps the clearest indication yet of where guideline revisions might focus, including on structural presumptions, the role of market definition and the effect of transactions on labor, say attorneys at MoFo.

• 4 Consequences Of Gov't Contractor Antitrust Violations

  

  Along with criminal penalties, significant collateral repercussions can follow a government contractor's conviction for antitrust violations, so vigilant compliance strategies are a must as the U.S. Department of Justice turns its attention to this area, say attorneys at Arnold & Porter.

• 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.

• Import Best Practices Under New Uyghur Forced Labor Law

  

  Rachel Alpert and Grace Signorelli-Cassady at Jenner & Block discuss key provisions of the recently enacted Uyghur Forced Labor Prevention Act, and offer compliance strategies that may position importers to demonstrate their supply chains are free from forced labor when the act's provisions presumptively barring many Chinese imports go into effect in June.

• 5 Global Digital Markets Regulatory Issues To Watch In 2022

  

  Francesco Liberatore at Squire Patton lays out the key regulatory developments that will affect global digital markets this year, from new enforcement measures aimed at electronic communications services in the European Union to increased cooperation between antitrust officials in the U.S., U.K. and EU.

• When Fair Notice Precludes Punitive Damages

  

  The ongoing pandemic has done little to slow the continued proliferation of novel theories of tort liability, but even when courts approve, the U.S. Constitution's requirement of fair notice may prohibit punitive damages, says Mitchell Morris at Butler Snow.

• Aviation Watch: Resolving The FAA-FCC Fight Over 5G

  

  Concerns over interference with aircraft altimeters are delaying the U.S. rollout of 5G wireless technology, and it may take special action by the Biden administration to resolve the standoff between the Federal Communications Commission and the Federal Aviation Administration over the issue, says Alan Hoffman, a retired attorney and aviation expert.

• Opinion

  FTC Should Rethink Market Issues In Facebook Case

  

  The Federal Trade Commission's antitrust prosecution of Meta Platforms, formerly Facebook, may have survived the initial litigation stage this week, but the case still does not embrace the markets it purports to fix, says David Reichenberg at Cozen O'Connor.

• 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.

• New Anti-Dumping Rules Both Clarify And Complicate

  

  The U.S. Department of Commerce's recent regulatory changes concerning anti-dumping and countervailing duty proceedings refine the process and helpfully eliminate steps for petitioners, but also create new hurdles for nonpetitioning parties, say William Isasi and Jordan Bakst at Covington.