Expert Analysis

• Perspectives

  A Judge's Pitch To Revive The Jury Trial

  

  Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.

• How To Recognize And Recover From Lawyer Loneliness

  

  Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.

• Opinion

  Litigation Funding Disclosure Should Be Mandatory

  

  Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.

• Recalling USWNT's Legal PR Playbook Amid World Cup Bid

  

  As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

• Mass. Age Bias Ruling Holds Employer Liability Lessons

  

  The Massachusetts Supreme Judicial Court’s recent ruling in Adams v. Schneider Electric — upholding a laid-off employee’s age discrimination claim — is an important reminder that employers may face liability even if a decision maker unknowingly applies a discriminatory corporate strategy, say attorneys at Armstrong Teasdale.

• It's Not You, It's Me: Breaking Up With Mass. FCA Prosecutors

  

  A recent Massachusetts U.S. Attorney's Office settlement, which required a hospital to admit to certain facts, continues a state trend away from traditionally defense-friendly nonadmission language and may complicate the prospects of amicably resolving future False Claims Act cases, say Jonathan York and Scott Memmott at Morgan Lewis.

• Immigration Program Pitfalls Exacerbate Physician Shortages

  

  Eliminating shortcomings from U.S. immigration regulations and policies could help mitigate the national shortage of physicians by encouraging foreign physicians to work in medically underserved areas, but progress has been halted by partisan gridlock, say Alison Hitz and Dana Schwarz at Clark Hill.

• Perspectives

  Mallory Gives Plaintiffs A Better Shot At Justice

  

  Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.

• What's Next For Enviro Justice After Affirmative Action Ban?

  

  The U.S. Supreme Court's recent decision striking down affirmative action measures in university admissions raises questions about the future of the Biden administration's environmental justice initiatives — but EJ advocates may still have reasons for cautious optimism, say J. Michael Showalter and Robert Middleton at ArentFox Schiff.

• Strategies For Conducting More Effective Plea Negotiations

  

  The sentencing of “Varsity Blues” scandal architect Rick Singer earlier this year provides a helpful case study on the plea bargain process, spotlighting three key negotiation concepts and seven tactics for defense attorneys, say lawyers at Riley Safer.

• Courts Can Overturn Deficient State Regulations, Too

  

  While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.

• How Construction Industry Can Help Mitigate Wildfire Impact

  

  The recent uptick of wildfires across North America has resulted in renewed calls for construction job site changes and increased management of sites in order to mitigate the risk of outbreaks and workers' exposure to hazardous air quality, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.

• Tales From The Trenches Of Remote Depositions

  

  As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.

• Minn. Noncompete Ban May Add To Nat'l Venue Choice Tangle

  

  With federal courts already split on which laws govern choice-of-venue clauses in noncompete agreements, the new Minnesota statute that bans noncompetes and empowers workers to void any employment contract that requires out-of-state adjudication will complicate compliance for multistate employers, says Sarah Tishler at Beck Reed.

• 3 Ways Courts Approach Patent Eligibility At Trial And After

  

  Sorin Zaharia and Mark Liang at O’Melveny analyze all 36 district court cases where patent eligibility under Section 101 was decided at trial or post-trial after Alice, specifically focusing on how different districts address step two of the Alice inquiry, as well as the impact of each approach on the outcome.