Expert Analysis

• Corporate Boards Need Not Fear 7th Circ. Boeing Decision

  

  The Seventh Circuit’s recent decision in Seafarers Pension Plan v. Bradway, over Boeing shareholders' rights to bring federal derivative suits over the 737 Max aircraft, may encourage creative Securities Exchange Act claims to avoid exclusive forum provisions, but boards of Delaware corporations still have tools to avoid duplicative litigation, say attorneys at Skadden.

• Rebuttal

  Trucking Cos. Need Stronger Insurance To Protect Public

  

  A recent Law360 guest article urged lawmakers to implement liability protections for the trucking industry, but raising outdated trucking insurance limits would better incentivize companies to keep unsafe drivers and vehicles out of their fleets to begin with, protecting the industry and motorists alike, says Tad Thomas at The Thomas Law Offices and the American Association for Justice.

• Series

  Employer's Agenda: Toyota Counsel Talks Worker Retention

  

  Michael Martinez, managing counsel for labor and employment at Toyota Motor North America, discusses how companies and in-house counsel can address the pandemic-related labor shortage, and avoid common pitfalls when implementing wage increases, remote work setups and other well-meaning efforts to attract new workers.

• Gov't Contractor Takeaways From Biden's Clean Energy Order

  

  Attorneys at Covington discuss how President Joe Biden's recent net-zero emissions pledge and related executive actions are changing the landscape of federal procurement, creating new opportunities and challenges for government contractors.

• 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.

• Make-Whole Claim Lessons From Hertz Bankruptcy Ruling

  

  After the Delaware bankruptcy court's recent decision in Wells Fargo v. Hertz, courts may continue to hear the assertion that early payoff premiums constitute unmatured interest, which could shape best practices in formulating make-whole clauses to avoid such arguments, say attorneys at Mayer Brown.

• 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.

• 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.

• 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.

• 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.

• 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. 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.