Expert Analysis

• What Courts Say About Workers' Comp And Medical Marijuana

  

  Whether employers and insurance carriers are required or allowed to reimburse employees for out-of-pocket costs for treating work-related injuries with medical marijuana has spawned a debate, and the state courts that have addressed this matter are split on a number of issues, say Alexandra Hassell and Anthony Califano at Seyfarth.

• How Electric Vehicles Will Affect Land Use And Development

  

  The increasing use of electric vehicles will bring significant issues for cities and real estate developers to consider, as cities will require substantially more infrastructure to meet electric vehicles' charging needs, says John Lushis at Norris McLaughlin.

• Title IX Damages Outlook 1 Year After High Court Ruling

  

  Federal courts have been extending the holding of last year's U.S. Supreme Court decision, Cummings v. Premier Rehab Keller, to disallow emotional distress damages under Title IX, but students and educators suing educational institutions for gender discrimination can still recover monetary damages under alternate theories, say attorneys at Sanford Heisler.

• 2nd Circ. Reinsurance Ruling Misconstrues English Law

  

  The Second Circuit's finding in Insurance Company of the State of Pennsylvania v. Equitas Insurance, that London-based reinsurer Equitas owed coverage for losses outside the policy period, stems from that court's misinterpretation of English law on reinsurance policy construction, says Christopher Foster at Holman Fenwick.

• Considerations For Cos. Amid Rising Data Tracking Suits

  

  Despite the limited success of plaintiffs seeking to use older privacy laws to bring internet data tracking claims, e-commerce businesses should nevertheless take precautions to minimize their potential exposure to these suits when making decisions about how to handle website visitor data, say attorneys at Benesch.

• Firm Tips For Helping New Lawyers Succeed Post-Pandemic

  

  Ten steps can help firms significantly enhance the experience of attorneys who started their careers in the coronavirus pandemic era, including facilitating opportunities for cross-firm connection, which can ultimately help build momentum for business development, says Lana Manganiello at Equinox Strategy Partners.

• Prepping Your Business Ahead Of Affirmative Action Ruling

  

  The U.S. Supreme Court's upcoming ruling on whether race should play a role in college admissions could potentially end affirmative action, and companies will need a considered approach to these circumstances that protects their brand power and future profits, and be prepared to answer tough questions, say Nadine Blackburn at United Minds and Eric Blankenbaker at Weber Shandwick.

• Tackling Judge-Shopping Concerns While Honoring Localism

  

  As the debate continues over judge-shopping and case assignments in federal court, policymakers should look to a hybrid model that preserves the benefits of localism for those cases that warrant it, while preventing the appearance of judge-shopping for cases of a more national or widespread character, says Joshua Sohn at the U.S. Department of Justice.

• EPA Nod For La. Program Bodes Well For Carbon Storage

  

  The U.S. Environmental Protection Agency's recent announcement that it plans to grant Louisiana control over the permitting of carbon dioxide geologic sequestration wells is a welcome development for other states seeking similar authority — and developers seeking carbon storage well permits, say attorneys at Sidley.

• Perspectives

  How Attorneys Can Help Combat Anti-Asian Hate

  

  Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.

• Opinion

  Congress Needs To Enact A Federal Anti-SLAPP Statute

  

  Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.

• JetBlue-American Ruling Offers Fresh Angle On Antitrust Risk

  

  The District of Massachusetts' recent decision that the JetBlue-American Airlines pact combining some Northeastern operations violates the Sherman Act stands as a reminder that collaborations between competitors can warrant close scrutiny — even if they create real, tangible benefits for consumers, say Benjamin Dryden and Elizabeth Haas at Foley & Lardner.

• Some Client Speculations On AI And The Law Firm Biz Model

  

  Generative artificial intelligence technologies will put pressure on the business of law as it is structured currently, but clients may end up with more price certainty for legal services, and lawyers may spend more time being lawyers, says Jonathan Cole at Melody Capital.

• And Now A Word From The Panel: MDLs As A Last Resort

  

  While the number of individual actions included in multidistrict litigation proceedings has exploded in recent years, it's important to remember that the Judicial Panel on Multidistrict Litigation views creation of an MDL as something that should happen only after consideration of all other options, says Alan Rothman at Sidley.

• A Lawyer's Guide To Approaching Digital Assets In Discovery

  

  The booming growth of cryptocurrency and non-fungible tokens has made digital assets relevant in many legal disputes but also poses several challenges for discovery, so lawyers must garner an understanding of the technology behind these assets, the way they function, and how they're held, says Brett Sager at Ehrenstein Sager.