Expert Analysis

• Calif. High Court Ruling Has Lessons For Waiving Jury Trials

  

  The California Supreme Court’s recent decision in TriCoast Builders v. Fonnegra, denying relief to a contractor that had waived its right to a jury trial, shows that litigants should always post jury fees as soon as possible, and seek writ review if the court denies relief from a waiver, say Steven Fleischman and Nicolas Sonnenburg at Horvitz & Levy.

• A Look At 3 Noncompete Bans Under Consideration In NYC

  

  A trio of noncompete bills currently pending in the New York City Council would have various effects on employers' abilities to enter into such agreements with their employees, reflecting growing anti-noncompete sentiment across the U.S., say Tracey Diamond and Grace Goodheart at Troutman Pepper.

• Series

  Spray Painting Makes Me A Better Lawyer

  

  My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.

• Draft Pay Equity Rule May Pose Contractor Compliance Snags

  

  The Federal Acquisition Regulatory Council's recently proposed rule that would prohibit government contractors from requesting certain job applicants' salary history seems simple on the surface, but achieving compliance will be a nuanced affair for many contractors who must also adhere to state and local pay transparency laws, say attorneys at Hogan Lovells.

• 2nd Circ. Baby Food Ruling Disregards FDA's Expertise

  

  The Second Circuit's recent decision in White v. Beech-Nut Nutrition, refusing to defer litigation over heavy metals in baby food until the U.S. Food and Drug Administration weighs in on the issue, provides no indication that courts will resolve the issue with greater efficiency than the FDA, say attorneys at Phillips Lytle.

• Past CCPA Enforcement Sets Path For Compliance Efforts

  

  The California Privacy Protection Agency and the California Attorney General's Office haven't skipped a beat in investigating potential noncompliance with the California Consumer Privacy Act, and six broad issues will continue to dominate the enforcement landscape and inform compliance strategy, say attorneys at Reed Smith.

• Securing A Common Understanding Of Language Used At Trial

  

  Witness examinations in the Georgia election interference case against former President Donald Trump illustrate the importance of building a common understanding of words and phrases and examples as a fact-finding tool at trial, says Reuben Guttman at Guttman Buschner.

• Where 9th Circ. Lowe's Ruling Leaves PAGA Jurisprudence

  

  Leah Kennedy and Carolyn Wheeler at Katz Banks discuss the legal landscape and controlling precedent around the Private Attorneys General Act that led to the Ninth Circuit's Johnson v. Lowe's decision last month on individual PAGA wage claims, and explore the open questions that it leaves.

• What Texas Employers Should Know After PWFA Ruling

  

  After a Texas federal judge recently enjoined federal agencies from enforcing the Pregnant Workers Fairness Act against the state of Texas, all employers must still remain sensitive to local, state and federal protections for pregnant workers, and proactive in their approach to pregnancy-related accommodations, says Maritza Sanchez at Phelps Dunbar.

• 5 Issues To Consider When Liquidating Through An ABC

  

  Assignments for the benefit of creditors continue to grow in popularity as a tool for an orderly wind-down, and companies should be considering a number of issues before effectuating the assignment, including in which state it should occur, obtaining tail coverage and preparing a board creditor mailing list, says Evelyn Meltzer at Troutman Pepper.

• Opinion

  Judicial Independence Is Imperative This Election Year

  

  As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.

• AI In Performance Management: Mitigating Employer Risk

  

  Companies are increasingly turning to artificial intelligence tools in performance management, exposing organizations to significant risks, which they can manage through employee training, bias assessments, and comprehensive policies and procedures related to the new technology, say Gregory Brown and Cindy Huang at Jackson Lewis.

• Series

  Riding My Peloton Bike Makes Me A Better Lawyer

  

  Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.

• What To Watch As Justices Consider Appeal Deadline Case

  

  Next week, in Harrow v. U.S. Department of Defense, the U.S. Supreme Court will consider for the first time whether a statutory deadline for appealing from a federal agency to an Article III court is jurisdictional, setting the stage for a decision that could dramatically reshape the landscape for challenging agency decisions, say attorneys at MoloLamken.

• Class Actions At The Circuit Courts: March Lessons

  

  In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from consumer fraud to employment — and provides key takeaways for counsel on issues including coercive communications with putative class members and Article III standing at the class certification stage.