Expert Analysis

• High Court Bakery Driver Case Could Limit Worker Arbitration

  

  Employers that require arbitration of worker claims under the Federal Arbitration Act should closely follow Bissonnette v. LePage Bakeries as it goes before the U.S. Supreme Court, which could thoroughly expand the definition of “transportation workers” who are exempt from compulsory arbitration and force companies to field more employee disputes in court, says Nick Morisani at Phelps Dunbar.

• State Regs Sow Discord Between Cannabis, Hemp Industries

  

  Connecticut, Maryland and Washington are the latest states choosing to require intoxicating hemp products to comply with the states' recreational marijuana laws, resulting in a widening rift between cannabis and hemp as Congress works on crafting new hemp legislation within the upcoming 2023 Farm Bill, say attorneys at Wilson Elser.

• Series

  Playing In A Rock Cover Band Makes Me A Better Lawyer

  

  Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

• How Cos. Can Prioritize Accessibility Amid Increase In Suits

  

  The U.S. Department of Justice's notice of proposed rulemaking on digital accessibility and recent legal proceedings regarding tester plaintiff standing in accessibility cases show websites and mobile apps are a growing focus, so businesses must proactively ensure digital content complies with the Americans with Disabilities Act, say attorneys at Hinckley Allen.

• Series

  The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

  

  The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.

• Series

  In Focus At The EEOC: Advancing Equal Pay

  

  The U.S. Equal Employment Opportunity Commission’s recently finalized strategic enforcement plan expresses a renewed commitment to advancing equal pay at a time when employees have unprecedented access to compensation information, highlighting for employers the importance of open communication and ongoing pay equity analyses, say Paul Evans at Baker McKenzie and Christine Hendrickson at Syndio.

• Balancing Justice And Accountability In Opioid Bankruptcies

  

  As Rite Aid joins other pharmaceutical companies in pursuing bankruptcy following the onslaught of state and federal litigation related to the opioid epidemic, courts and the country will have to reconcile the ideals of economic justice and accountability against the U.S. Constitution’s promise of a fresh start through bankruptcy, says Monique Hayes at DGIM Law.

• Fintech-Bank Partnerships Hold Potential, But Tread Carefully

  

  A study recently released by the Federal Reserve Board highlights the federal preemptions that financial technology lenders can take advantage of to lend profitably in certain states, though fintech-bank partnerships face some regulatory challenges as well, say attorneys at Venable.

• 2nd Circ. Ruling Clarifies Title VII Claim Standards

  

  The Second Circuit's recent opinion in Banks v. General Motors, although it does not break new ground legally, comes at a crucial time when courts are reevaluating standards that apply to Title VII claims of discrimination and provides many useful lessons for practitioners, says Carolyn Wheeler at Katz Banks.

• Opinion

  Newman Suspension Shows Need For Judicial Reform

  

  The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.

• 3 Personal Jurisdiction Questions Mallory Leaves Unanswered

  

  The due process framework that has cabined personal jurisdiction over nationwide and global businesses for the last eight decades looks increasingly precarious after this summer's fractured U.S. Supreme Court decision in Mallory v. Norfolk Southern Railway Co., which left three key questions unanswered, says Andrew Rhys Davies at WilmerHale.

• Taking A Walk Down Mandamus Lane After 2nd Circ. Ruling

  

  The Second Circuit’s recent decision to deny a writ of mandamus, filed by a law firm after a lower court barred it from representing a Salvadoran oil company, adds to the nuanced and sometimes conflicting mandamus case law that requires careful research before litigants seek appellate review, says Michael Soyfer at Quinn Emanuel.

• Conn. Insurers Should Note Stricter Market Exit Oversight

  

  The Connecticut Insurance Department recently issued a bulletin that reflects a unique and stricter approach to insurers' market withdrawals and reductions in property and casualty business, making clear that it will not assess compliance based on an insurer's intent, but on the effect of the insurer's actions, says Elizabeth Retersdorf at Day Pitney.

• How And Why Your Firm Should Implement Fixed-Fee Billing

  

  Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.

• Why Standing Analysis Is Key In Data Breach Mediation

  

  Amid a growing wave of data breach class action litigation, recent legal developments show shifting criteria for Article III standing based on an increased risk of future identity theft, meaning parties must integrate assessments of standing into mediation discussions to substantiate their settlement demands in data breach class actions, says Abe Melamed at Signature Resolution.