Expert Analysis

• Promoting Diversity In The Selection Of ADR Neutrals

  Excerpt from Practical Guidance

  

  Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.

• Opinion

  In Visa Case, DOJ Continues To Misapply The Sherman Act

  

  The recent U.S. Department of Justice debit market monopolization case against Visa fuels concerns that a misguided Biden administration DOJ is inappropriately expanding its interpretation of the Sherman Antitrust Act beyond the demonstrable economic effects that business conduct has on consumers, says Shubha Ghosh at Syracuse University.

• Series

  Playing Ultimate Makes Us Better Lawyers

  

  In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron. 

• High Court 'Violent Crimes' Case Tangled Up In Hypotheticals

  

  In Delligatti v. U.S., the U.S. Supreme Court will hear arguments next week on whether attempted murder constitutes a crime of violence, and because the court’s interpretive approach thus far has relied on hairsplitting legal hypotheticals with absurd results, Congress should repeal the underlying statute, say attorneys at Patterson Belknap.

• How Property Insurance Coverage Shrank After The Pandemic

  

  Insurers litigating property claims are leveraging rulings that provided relief in the COVID-19 context to reverse the former majority rule on physical loss or damage in all contexts, say attorneys at Reed Smith.

• Considering Chevron's End Through A State Tax Lens

  

  States took the lead in encouraging Chevron's demise, turning away from Chevron-type deference in state tax administration ahead of the U.S. Supreme Court’s Loper Bright decision, a trend likely to accelerate as courts take a more active role in interpreting tax laws, say attorneys at Eversheds Sutherland.

• NYC Hotel Licensing Law's Costs May Outweigh Its Benefits

  

  A hotel licensing bill recently approved by New York's City Council could lead to the loss of many nonunionized hotels that cannot afford to comply, says Stuart Saft at Holland & Knight.

• E-Discovery Quarterly: Recent Rulings On Metadata

  

  Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.

• The 3rd-Party Bankruptcy Release Landscape After Purdue

  

  In its Purdue Pharma ruling prohibiting nonconsensual third-party releases, the U.S. Supreme Court did not comment on criteria to render a third-party release consensual, opening a debate in the bankruptcy courts on the permissibility of opt-out versus opt-in releases, say attorneys at Morgan Lewis.

• Parsing SEC's Emerging Trend Of Section 204A Enforcement

  

  The U.S. Securities and Exchange Commission recently settled with Sound Point Capital Management for violating Section 204A of the Investment Advisers Act, adding to a slew of charges against investment advisers that allegedly failed to safeguard material nonpublic information, say attorneys at Cozen O'Connor.

• 2nd Circ. Hostile Workplace Ruling Widens Arbitration Pitfalls

  

  The Second Circuit’s recent decision, affirming the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act applies to a worker whose workplace hostility claims arose before the law’s 2022 enactment, widens the scope of the law — and the risks of unenforceable arbitration agreements for employers, say attorneys at Hinshaw.

• Comparing Antitrust Outlooks Amid Google Remedy Review

  

  As the U.S. Justice Department mulls potential structural remedies after winning its recent case against Google, increased global scrutiny of Big Tech leaves ex post and ex ante antitrust approaches ripe for evaluation, say Nishant Chadha at the Indian School of Business and Manisha Goel at Pomona College.

• Website Accessibility Ruling Leaves Circuit Split Unresolved

  

  A New York federal court's recent decision in Mejia v. High Brew Coffee, holding that stand-alone websites are not "public accommodations" subject to the Americans with Disabilities Act, further complicates a long-running circuit split on this question — even as courts are burdened with thousands of similar lawsuits, say attorneys at Mandelbaum Barrett.

• 2nd Circ. Maxwell Ruling Adds To Confusion Over NPA Reach

  

  The Second Circuit’s recent decision upholding Ghislaine Maxwell’s conviction made an analytical leap in applying plea agreement precedent to a nonprosecution agreement, compounding a circuit split and providing lessons for defense counsel, say attorneys at Kropf Moseley.

• Election Could Bring Change In Weather For Offshore Wind

  

  Under another Trump administration, the offshore wind sector would encounter substantial headwinds, as Trump's policy track record emphasizes fossil fuel dominance and environmental rollbacks, while a Harris victory would likely further entrench the pro-renewable energy stance taken by the Biden administration, say attorneys at Jones Walker.