Expert Analysis

• Prepping Your Business Ahead Of Affirmative Action Ruling

  

  The U.S. Supreme Court's upcoming ruling on whether race should play a role in college admissions could potentially end affirmative action, and companies will need a considered approach to these circumstances that protects their brand power and future profits, and be prepared to answer tough questions, say Nadine Blackburn at United Minds and Eric Blankenbaker at Weber Shandwick.

• A Look At Health Care Providers' Workplace Safety Duties

  

  Recent state legislation and Occupational Safety and Health Administration enforcement actions highlight the uniquely high amount of violence that health care workers face, and the difficulty of adequately protecting employees and patients, say Victor Moldovan and Dan Silverboard at Holland & Knight.

• Tackling Judge-Shopping Concerns While Honoring Localism

  

  As the debate continues over judge-shopping and case assignments in federal court, policymakers should look to a hybrid model that preserves the benefits of localism for those cases that warrant it, while preventing the appearance of judge-shopping for cases of a more national or widespread character, says Joshua Sohn at the U.S. Department of Justice.

• After Warhol, The High Court Must Clarify Copyright Damages

  

  Following the U.S. Supreme Court's recent decision in Warhol v. Goldsmith, a circuit split over the Copyright Act's statute of limitations provision demonstrates a clear need for the court to decide whether the act imposes a lookback period on copyright infringement claims brought under the discovery rule, say Hugh Marbury and Molly Shaffer at Cozen O'Connor.

• Perspectives

  How Attorneys Can Help Combat Anti-Asian Hate

  

  Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.

• Opinion

  Congress Needs To Enact A Federal Anti-SLAPP Statute

  

  Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.

• Some Client Speculations On AI And The Law Firm Biz Model

  

  Generative artificial intelligence technologies will put pressure on the business of law as it is structured currently, but clients may end up with more price certainty for legal services, and lawyers may spend more time being lawyers, says Jonathan Cole at Melody Capital.

• Trafficking Ruling Offers Liability Lessons For Hospitality Cos.

  

  A California federal court recently dismissed a lawsuit accusing several national hotel chains of knowingly benefiting from sex trafficking at their premises, highlighting how hospitality leaders can protect their guests and staff, and shield their companies from liability and reputational damage, says Danielle Dudai at Hall Booth.

• A Lawyer's Guide To Approaching Digital Assets In Discovery

  

  The booming growth of cryptocurrency and non-fungible tokens has made digital assets relevant in many legal disputes but also poses several challenges for discovery, so lawyers must garner an understanding of the technology behind these assets, the way they function, and how they're held, says Brett Sager at Ehrenstein Sager.

• Opinion

  High Court's Ethics Statement Places Justices Above The Law

  

  The U.S. Supreme Court justices' disappointing statement on the court's ethics principles and practices reveals that not only are they satisfied with a status quo in which they are bound by fewer ethics rules than other federal judges, but also that they've twisted the few rules that do apply to them, says David Janovsky at the Project on Government Oversight.

• Opinion

  Time For Law Schools To Rethink Unsung Role Of Adjuncts

  

  As law schools prepare for the fall 2023 semester, administrators should reevaluate the role of the underappreciated, indispensable adjunct, and consider 16 concrete actions to improve the adjuncts' teaching experience, overall happiness and feeling of belonging, say T. Markus Funk at Perkins Coie, Andrew Boutros at Dechert and Eugene Volokh at UCLA.

• History Supports 2nd Circ. View Of FAA Transport Exemption

  

  In the circuit split over when transport workers are exempt from the Federal Arbitration Act, sparked by the 2022 U.S. Supreme Court decision in Southwest Airlines v. Saxon, the Second Circuit reached a more faithful interpretation — one supported by historical litigation and legislative context, though perhaps arrived at via the wrong route, say Joshua Wesneski and Crystal Weeks at Weil.

• Tips For In-House Legal Leaders In A Challenging Economy

  

  Amid today's economic and geopolitical uncertainty, in-house legal teams are running lean and facing increased scrutiny and unique issues, but can step up and find innovative ways to manage outcomes and capitalize on good business opportunities, says Tim Parilla at LinkSquares.

• Beware Patchwork Of State NIL Laws For Student-Athletes

  

  With each U.S. state at a different stage of engaging with name, image and likeness laws for collegiate and high school student-athletes, the NIL world is as much a minefield for attorneys as it is for the players themselves — and counsel must remain on red alert for any and all legislative changes, say Lauren Bernstein and Dan Lust at Moritt Hock.

• PFAS Coverage Litigation Strategy Lessons For Policyholders

  

  While policyholders' efforts to recover insurance proceeds for PFAS-related costs are in the early stages, it appears from litigation so far that substantial coverage should be available for PFAS-related liabilities, including both defense costs and indemnity payments in connection with those liabilities, say Benedict Lenhart and Alexis Dyschkant at Covington.