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Expert Analysis
NLRB Likely To Fill Vacuum After NMB Jurisdiction Ruling
The National Mediation Board's recent ruling in Swissport Cargo Services LP abandoned decades of precedent by concluding the Railway Labor Act doesn’t apply to airline service providers, likely leading the National Labor Relations Board to assert its jurisdiction instead and potentially causing more operational disruptions and labor strife, say attorneys at Morgan Lewis.
Compliance Lessons From Raytheon's FCPA Settlement
A recent Foreign Corrupt Practices Act action involving aerospace and defense company Raytheon underscores the importance of risk management related to retaining and overseeing third parties — especially in higher-risk jurisdictions — and the promotion of a companywide culture of compliance, say attorneys at Debevoise.
Using Contracts As Evidence Of Trade Secret Protection
Recent federal and U.S. International Trade Commission decisions demonstrate an interesting trend of judges recognizing that contracts and confidentiality provisions can serve as important evidence of the reasonable secrecy measures companies must take to prove the existence of protected trade secrets, say attorneys at Finnegan.
4 Holiday Movies Full Of Cheer And Subrogation Scenarios
While holiday movies are known for spreading cheer and inspiring nostalgia, for insurance professionals they may also offer an unlikely, yet fascinating, look at subrogation recovery potential, says Dana Meyers at Cozen O'Connor.
Ring In The New Year With An Updated Employee Handbook
One of the best New Year's resolutions employers can make is to update their employee handbooks, given that a handbook can mitigate, or even prevent, costly litigation as long as it accounts for recent changes in laws, court rulings and agency decisions, say attorneys at Kutak Rock.
This Year's Insights On Attorney Well-Being
With the legal industry increasingly grappling with attorney burnout, depression, anxiety, stress and substance use disorders, Law360 guest experts proposed solutions this year ranging from mental health first aid training to exercises that build flexible optimism.
New Strategies For Enhancing Firm Culture
How can law firms work toward retaining legal talent and meeting business goals? This year, Law360 guest commentary dove into tips like embracing cognitive diversity and conducting so-called stay interviews.
The Latest Legal Writing Tips
In 2024, Law360 guest experts provided advice for improving many kinds of legal writing — explaining how attorneys can use syllogistic reasoning, emulate master chefs, and clean up drafts produced by generative artificial intelligence tools.
2024 Pointers On Persuading Jurors
In a year where nuclear verdicts continued to proliferate, Law360 guest commentary focused on how trial attorneys can better select and connect with jurors, offering strategies for identifying anti-corporate sentiments and tactics to land one’s closing argument.
Associate Issues In The 2024 Spotlight
Law360 guest writers provided insights on a range of issues affecting associates this year, from the challenges of training new lawyers in the era of artificial intelligence, to nonfinancial factors that junior attorneys should consider before accepting a job offer.
Cybersecurity: The Top Guest Articles Of 2024
From the CrowdStrike failure to the plethora of new and sometimes tricky regulatory requirements, to early decisions interpreting cyberinsurance coverage, guest authors broke down the implications of the biggest cybersecurity developments this year.
AI Questions: The Top Guest Articles Of 2024
As the legal discourse surrounding artificial intelligence shifted from theoretical to concrete this year, guest commentary focused on the proliferation of new AI-related litigation, enforcement actions and best practices, while tracking the judiciary’s experimentation with generative AI.
ESG And DEI: The Top Guest Articles Of 2024
In their commentary on ESG and DEI topics this year, Law360 guest authors discussed Project 2025’s potential impact, the rise of greenwashing litigation, strategies for fostering employee retention amid a shaky regulatory landscape, and more.
Election Impact: The Top Guest Articles Of 2024
Donald Trump's election win initiated a deluge of predictions for the incoming administration, with Law360 guest writers covering key policy areas such as immigration, tax, energy, labor and competition, plus potential congressional themes and investigations.
Noncompetes: The Top Guest Articles Of 2024
Employee noncompete issues took center stage this year, as Law360 guest writers covered everything from state-level enforceability trends and alternative methods for protecting business interests, to a National Labor Relations Board ruling and the Federal Trade Commission’s attempted ban.
The Most-Read Access To Justice Guest Articles Of 2024
Law360 guest commentary addressed several emerging access to justice issues this year, including growing case backlogs, a dearth of legal services in rural communities and amendments to long-standing sentencing policies.
The Most-Read IP Law360 Guest Articles Of 2024
Double-patenting was one of the top intellectual property topics tackled in Law360’s Expert Analysis section this year, along with the intersection of copyright law and artificial intelligence, case distribution in the Western District of Texas, and more.
The Most-Read Employment Law360 Guest Articles Of 2024
Readers were drawn to employment law commentary on a range of 2024 developments, including the U.S. Supreme Court's Title VII ruling, impactful activity from the National Labor Relations Board, and state legislation targeting employee noncompete agreements.
The Most-Read Securities Law360 Guest Articles Of 2024
This year, popular securities guest article topics included controversial Delaware court decisions and their legislative aftermath, as well as the U.S. Securities and Exchange Commission’s focus on emerging industries amid struggles to implement its rulemaking agenda.
The Most-Read Law360 UK Guest Articles Of 2024
The start of a generational shift in U.K. employment law under Labour, a ruling on artificial intelligence-driven credit scores and strategic law firm expansion were among the hot topics U.K. Expert Analysis articles explored this year.
NLRB Likely To Fill Vacuum After NMB Jurisdiction Ruling
The National Mediation Board's recent ruling in Swissport Cargo Services LP abandoned decades of precedent by concluding the Railway Labor Act doesn’t apply to airline service providers, likely leading the National Labor Relations Board to assert its jurisdiction instead and potentially causing more operational disruptions and labor strife, say attorneys at Morgan Lewis.
Reviewing 2024's Crucial Patent Law Developments
As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.
How White Collar Enforcement May Shift In Trump's 2nd Term
After President-elect Donald Trump returns to the White House next month, the administration’s emphasis on immigration laws, drug offenses and violent crime will likely reduce the focus on white collar crime overall, but certain areas within the white collar world may see increased activity, say attorneys at Keker Van Nest.
COP29 Offers Pathway To A Global Carbon Market
COP29, the recently concluded United Nations climate conference, represented a breakthrough in the establishment of standards for a global carbon market — and voluntary carbon market participants in the U.S. and elsewhere can enhance the value of their projects by aligning them with these standards, say attorneys at Morgan Lewis.
Contract Disputes Recap: Adjustments, Preclusion, Waivers
Ken Kanzawa at Seyfarth examines three recent decisions from the Civilian Board of Contract Appeals, the U.S. Court of Federal Claims and the Armed Services Board of Contract Appeals that examine distinctions between requests for equitable adjustments and claims, forum selection and res judicata, and the waiver of penalties for expressly unallowable costs.
Special Series
My Hobby Makes Me A Better Lawyer
This year, 44 attorneys shared how their unusual extracurricular activities enhance professional development, providing insights and pointers that translate to the office, courtroom and beyond.
After Chevron
Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 37 different rulemaking and litigation areas.
Opinion
A New Tax On Employers Could Help Curb Illegal Immigration
To better enforce the law against hiring immigrants unauthorized to work in the U.S., Congress should enact a punitive excise tax on compensation paid to such immigrants and amend the False Claims Act to allow qui tam actions against employers for failure to pay such tax, says Ajay Gupta at Moore Tax Law Group.
1 Year After Rule 702 Changes, Courts Have Made Progress
In the year since amendments to the Federal Rules of Evidence went into effect, many federal judges have applied the new expert witness standard correctly, excluding unreliable testimony from their courts — but now state courts need to update their own rules accordingly, says Lee Mickus at Evans Fears.
Access to Justice Perspectives
Why The Public Distrusts The Legal System, And How To Fix It
Recent data shows that the public's attitudes toward the justice system and institutions in general are declining, but several reforms and practices could help restore public confidence, say Richard Gabriel and Michelle Rey LaRocca at the Trust in Justice Project.