°µÍø½ûÇø

Parsing A Lack Of Antitrust Info-Sharing Enforcement Clarity

Information sharing among competing firms has recently faced dramatic changes in antitrust agency guidance, while courts grapple with the permissible scope of pricing algorithms, leaving companies in limbo, but potential Trump administration changes could offer some reprieve, say attorneys at Axinn.

How Attorneys Can Become Change Agents For Racial Equity

As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.

Opinion

9th Circ. Shopify Decision Gets Personal Jurisdiction Wrong

The Ninth Circuit's recent opinion in Briskin v. Shopify, rejecting the differential targeting requirement for personal jurisdiction, not only deviates from long-standing jurisprudence, but it also significantly expands the reach of internet-based claims under California law, says Matthew Pearson at Womble Bond.

Series

Running Marathons Makes Me A Better Lawyer

After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.

Tips To Avoid Consumer Tracking Tech Class Actions

Recent class actions alleging Trade Desk illegally tracked millions of consumers through its advertising platform highlight growing data privacy compliance concerns over digital tracking practices, but there are disclosure best practices businesses can take to reduce litigation risk, says David Wheeler at Neal Gerber.

Series

Law School's Missed Lessons: Supporting A Trial Team

While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.

CFPB Industry Impact Uncertain Amid Priority Shift, Staff Cuts

A recent enforcement memo outlines how the Consumer Financial Protection Bureau's regulatory agenda diverges from that of the previous administration, but, given the bureau's planned reduction in force, it is uncertain whether the agency will be able to enforce these new priorities, say attorneys at Troutman Pepper.

Series

Adapting To Private Practice: From US Attorney To BigLaw

When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.

11th Circ. Ruling Warns Parties To Follow Arbitral Rules

The Eleventh Circuit's recent decision in Merritt Island Woodwerx v. Space Coast is important for companies utilizing arbitration clauses because it clearly demonstrates the court's intent to hold noncompliant parties responsible in federal court — regardless of subsequent efforts to cure, says Ed Mullins at Reed Smith.

2nd Circ. Limits VPPA Liability, But Caveats Remain

The Second Circuit's narrowed scope of the Video Privacy Protection Act in Solomon v. Flipps Media, in which the court adopted the ordinary person standard, will help shield businesses from VPPA liability, but the decision hardly provides a free pass to streamers and digital media companies utilizing website pixels, say attorneys at Frankfurt Kurnit.

The Ins And Outs Of Consensual Judicial References

As parties consider the possibility of judicial reference to resolve complex disputes, it is critical to understand how the process works, why it's gaining traction, and why carefully crafted agreements make all the difference, say attorneys at Pillsbury.

Opinion

The BigLaw Settlements Are About Risk, Not Profit

The nine Am Law 100 firms that settled with the Trump administration likely did so because of the personal risk faced by equity partners in today's billion‑dollar national practices, enabled by an ethics rule primed for modernization, says Adam Forest at Scale.

Opinion

Courts Must Revitalize Robust Claim Construction

Two Federal Circuit decisions from earlier this year illustrate the rarity of robust claim construction and the underused reverse doctrine of equivalents — a dual problem that prevents courts from clearly delineating and correctly cabining the scope of rights conferred by patent claims, say attorneys at Klarquist Sparkman.

What Gene Findings Mean For Asbestos Mesothelioma Claims

Recent advances in genetic research have provided substantial evidence that significant numbers of malignant mesothelioma cases may be caused by inherited mutations rather than asbestos exposure — a finding that could fundamentally change how defendants approach personal injury litigation over mesothelioma, say David Schwartz at Lumanity and Kirk Hartley at LSP Group.

ESOP Ruling Clarifies Trustees' Role In 3rd-Party Sales

An Illinois federal court's dismissal of a class action related to an employee stock ownership plan in Rush v. GreatBanc demystifies the trustee's role in a sale transaction to a third party by providing commentary on the prudent process and considerations for trustees to weigh before approving a sale, says Katelyn Harrell at BCLP.