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Expert Analysis

• Opinion

  The Right Approach To Personal Jurisdiction In Class Actions

  

  Since the U.S. Supreme Court's 2017 decision in Bristol-Myers Squibb Co. v. Superior Court, three approaches to personal jurisdiction over absent class members have emerged in the lower courts, but only one comports with due process and limitations on procedural devices imposed by the Rules Enabling Act, say David Kouba and Andreas Moffett at Arnold & Porter.

• What Associates Should Consider Before Switching Practices

  

  The current high demand for midlevel associates provides them a rare opportunity to potentially explore new practice areas, but associates should first ask themselves six questions to begin figuring out why a change sounds appealing, says Stephanie Biderman at Major Lindsey.

• Rebuttal

  Circuit Split On Class Action Ascertainability Is Disappearing

  

  While a recent Law360 guest article suggested a significant circuit split on the issue of class action ascertainability, a review of recent decisions across federal circuits indicates that any such split is rapidly vanishing, as appeals courts reach consensus on the issue, says Leslie Brueckner at Public Justice.

• 4 Effective Ways To Prioritize Client Advocacy

  

  To truly support a client going through a complicated lawsuit or a painful experience, lawyers must think beyond interpreting legal guidelines and navigating court proceedings, says attorney Scott Corwin.

• Opinion

  Consider Benefits Of Carbon Emissions Alongside Costs

  

  The Biden administration's recently announced social cost of carbon estimate will be used to calculate adverse impacts from many different activities and industries, but Poe Leggette at BakerHostetler argues that the social benefits of carbon emissions connected to food, shelter, and other goods and services have not been given enough attention.

• A Call For Greater Clarity Around SEC Cooperation Credit

  

  The U.S. Securities and Exchange Commission’s decision not to fine Gulfport Energy in a recent enforcement action over disclosure failures highlights the need for SEC guidance on the benefits a company will receive for cooperating with agency investigations, say Robert Cohen and Brook Jackling at Davis Polk.

• Remote Law Firm Culture Should Prioritize Associate Training

  

  Due to the pandemic, the gap between law school and the first day on the job has never been wider, but law firms can leverage training to bridge that intimidating gap and convey the unique value of their culture in a virtual environment, say Melissa Schwind at Ward and Smith, and William Kenney and Jaron Luttich at Element Standard.

• Key Considerations For Litigation Settlement Trustees

  

  Robert Weiss and David Vanaskey at Wilmington Trust describe some of the core considerations for trustees that administer settlements resulting from mass tort and class action litigation, based on their experience working on the Volkswagen diesel emissions settlement.

• Virtual Litigation May Unravel The Narcissistic Lawyer

  

  The virtual courtroom limits a narcissistic lawyer's ability to intimidate witnesses and opposing counsel, boast to clients or engage in grandstanding — an unexpected benefit of the global pandemic as some aspects of remote litigation are likely here to stay, says Jennifer Gibbs at Zelle.

• ABA Remote Work Guide Raises Bar For Atty Tech Know-How

  

  A recent American Bar Association opinion on lawyers' ethical duties of competence and confidentiality when working remotely should be viewed as part of a larger movement by which attorneys are being exhorted to develop competence in 21st century technology, say Jennifer Goldsmith at Ironshore and Barry Temkin at Mound Cotton.

• Lateral Hire Conflict Screening Lessons From DLA Piper Case

  

  While a Texas federal court recently denied a motion to disqualify DLA Piper from representing Apple in a patent dispute after the law firm hired an attorney who formerly represented opponent Maxwell, the case is a reminder that robust conflict checks during lateral hiring can save firms the time and expense of defending disqualification motions, says Hope Comisky at Griesing Law.

• Opinion

  High Court Int'l Discovery Case Fits Mootness Exception

  

  Even if the underlying arbitration in Servotronics v. Rolls Royce concludes before the U.S. Supreme Court decides the case, the court should recognize an exception to mootness and resolve the circuit split on whether a U.S. discovery statute applies to international commercial arbitration, say attorneys at Freshfields.

• What Ford Ruling Clarifies About Personal Jurisdiction

  

  The U.S. Supreme Court's decision in Ford Motor Co. v. Montana Eighth Judicial District Court leaves many questions about personal jurisdiction unanswered, but it does shed light on whether causation is necessary and whether jurisdictional facts matter, say attorneys at Arnold & Porter.

• Navigating Dems' Whistleblower-Friendly Stance

  

  Employers are likely to face robust whistleblower enforcement from newly Democratic state and federal governments, but compliance programs that include clear reporting channels, protocol and protections can mitigate risk while improving productivity and morale, say Gregory Keating and Daniel Green at Epstein Becker.

• Recent Developments Muddle Texas Auto Insurance Rule

  

  Though Texas policyholders have historically needed to establish legal entitlement before recovering underinsured or uninsured motorist benefits under an auto policy, recent court decisions and potential legislation have created some confusion, say Samantha Halpern and Harrison Yoss at Thompson Coe.