Expert Analysis

• Lessons As Joint Employer Suits Shift From Rare To Routine

  

  Joint employer allegations now appear so frequently that employers should treat them as part of the ordinary risk landscape, and several recent decisions demonstrate how fluid the liability doctrine has become, says Thomas O’Connell at Buchalter.

• Utilizing 6th Circ.'s Expanded Internal Investigation Protection

  

  A recent Sixth Circuit decision in In re: FirstEnergy demonstrates one way that businesses can use a very limited showing to protect internal investigations from discovery in commercial litigation, while those looking to force production will need to employ a carefully calibrated approach, say attorneys at Brownstein Hyatt.

• 3rd Circ. Clarifies Ch. 11 3rd-Party Liability Scope Post-Purdue

  

  A recent Third Circuit decision that tort claims against the purchaser of a debtor's business belong to the debtor's bankruptcy estate reinvigorates the use of Chapter 11 for the resolution of nondebtor liability in mass tort bankruptcies following last year's U.S. Supreme Court ruling in Purdue Pharma, say attorneys at Sullivan & Cromwell.

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  Power To The Paralegals: How And Why Training Must Evolve

  

  Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.

• Mortality Table Defenses In Actuarial Equivalent Cases

  

  Employee Retirement Income Security Act class action plaintiffs are filing claims against defined benefit pension plans over the actuarial factors used to calculate alternative forms of annuity payments, including by arguing that employers may use mortality tables from the Middle Ages, but several defenses are available to reframe this debate, say attorneys at Jackson Lewis.

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  Playing Softball Makes Me A Better Lawyer

  

  My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.

• And Now A Word From The Panel: Choosing MDL Venues

  

  One of the most interesting yet least predictable facets of the Judicial Panel on Multidistrict Litigation's practice is venue — namely where the panel decides to place a new MDL proceeding — and its choices reflect the tension between neutrality and case-specific factors, says Alan Rothman at Sidley.

• Analyzing AI's Evolving Role In Class Action Claims Admin

  

  Artificial intelligence is becoming a strategic asset in the hands of skilled litigators, reshaping everything from class certification strategy to claims analysis — and now, the nuts and bolts of settlement administration, with synthetic fraud, algorithmic review and ethical tension emerging as central concerns, says Dominique Fite at CPT Group.

• 11th Circ.'s FCRA Standing Ruling Offers Compliance Lessons

  

  The Eleventh Circuit's recent decision in Nelson v. Experian on establishing Article III standing under the Fair Credit Reporting Act should prompt businesses to survey FCRA compliance programs, review open matters for standing defenses and refresh training materials, say attorneys at Nixon Peabody.

• IPO Suit Reinforces Strict Section 11 Tracing Requirement

  

  A California federal court's recent dismissal of an investor class action against Allbirds in connection with the company's initial public offering cites the U.S. Supreme Court's 2023 Slack v. Pirani decision, reinforcing the firm tracing requirement for Section 11 plaintiffs — even at the pleading stage, say attorneys at Paul Weiss.

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  Law School's Missed Lessons: Mastering Time Management

  

  Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.

• Courts Keep Upping Standing Ante In ERISA Healthcare Suits

  

  As Article III standing becomes increasingly important in litigation brought by employer-sponsored health plan members under the Employee Retirement Income Security Act, several recent cases suggest that courts are taking a more scrutinizing approach to the standing inquiry in both class actions and individual matters, say attorneys at Crowell & Moring.

• Privacy Policy Lessons After Google App Data Verdict

  

  In Rodriguez v. Google, a California federal jury recently found that Google unlawfully invaded app users' privacy by collecting, using and disclosing pseudonymized data, highlighting the complex interplay between nonpersonalized data and customers' understanding of privacy policy choices, says Beth Waller at Woods Rogers.

• How Hyperlinks Are Changing E-Discovery Responsibilities

  

  A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.

• More NJ Case Law On LLCs Would Aid Attys, Litigants, Biz

  

  More New Jersey court opinions would facilitate the understanding of the nuances of the state's Revised Uniform Limited Liability Company Act, including on breach of the duty of loyalty, oppression, piercing the corporate veil and derivative actions, says Gianfranco Pietrafesa at Archer & Greiner.