Expert Analysis

• Reverse Bias Rulings Offer Warning About DEI Quotas

  

  Several recent holdings confirm that targeted or quota-based diversity programs can substantiate reverse discrimination claims, especially when coupled with an adverse action, so employers should exercise caution before implementing such policies in order to mitigate litigation risk, says Noah Bunzl at Tarter Krinsky.

• New DOJ Penalty Policy Could Spell Trouble For Cos.

  

  In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.

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  Playing Baseball Makes Me A Better Lawyer

  

  Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.

• APA Relief May Blunt Justices' Universal Injunction Ruling

  

  The Administrative Procedure Act’s avenue for universal preliminary relief seems to hold the most promise for neutralizing the U.S. Supreme Court’s decision in Trump v. CASA to limit federal district courts' nationally applicable orders, say attorneys at Crowell.

• Managing Risks As State AGs Seek To Fill Enforcement Gap

  

  Given an unprecedented surge in state attorney general activity resulting from significant shifts in federal enforcement priorities, companies must consider tailored strategies for navigating the ever-evolving risk landscape, say attorneys at Cozen O'Connor.

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  Law School's Missed Lessons: Skillful Persuasion

  

  In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.

• Litigation Inspiration: How To Respond After A Loss

  

  Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.

• Wash. Law Highlights Debate Over Unemployment For Strikers

  

  A new Washington state law that will allow strikers to receive unemployment benefits during work stoppages raises questions about whether such laws subsidize disruptions to the economy or whether they are preempted by federal labor law, says Daniel Johns at Cozen O'Connor.

• The Metamorphosis Of The Major Questions Doctrine

  

  The so-called major questions doctrine arose as a counterweight to Chevron deference over the past few decades, but invocations of the doctrine have persisted in the year since Chevron was overturned, suggesting it still has a role to play in reining in agency overreach, say attorneys at Crowell & Moring.

• What 9th Circ. Ruling Shows About Rebutting SEC Comments

  

  The Ninth Circuit's June opinion in Pino v. Cardone Capital suggests that a company's lack of pushback to a U.S. Securities and Exchange Commission comment may be evidence of its state of mind for evaluating potential liability, meaning companies should consider including additional disclosure in SEC response letters, say attorneys at Barnes & Thornburg.

• 9th Circ. Decisions Help Clarify Scope Of Legal Lab Marketing

  

  Two Ninth Circuit decisions last week provide a welcome development in clarifying the line between laboratories' legal marketing efforts and undue influence that violates the Eliminating Kickbacks in Recovery Act, and offer useful guidance for labs seeking to mitigate enforcement risk, says Joshua Robbins at Buchalter.

• What 9th Circ. Cracker Barrel Ruling Means For FLSA Cert.

  

  The Ninth Circuit's decision in Harrington v. Cracker Barrel suggests a settling of two procedural trends in Fair Labor Standards Act jurisprudence — when to issue notice and where nationwide collectives can be filed — rather than deepening circuit splits, says Rebecca Ojserkis at Cohen Milstein.

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  Playing Mah-Jongg Makes Me A Better Mediator

  

  Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.

• Calif. Air Waivers Fight Fuels Automakers', States' Uncertainty

  

  The unprecedented attempt by Congress and the Trump administration to kill the Clean Air Act waivers supporting California's vehicle emissions standards will eventually end up in the U.S. Supreme Court — but meanwhile, vehicle manufacturers, and states following California's standards, are left in limbo, says John Watson at Spencer Fane.

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  Law School's Missed Lessons: Navigating Client Trauma

  

  Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.