Georgia

Expert Analysis

• Where States Stand On The Legality Of Abortion

  Excerpt from Practical Guidance

  

  In light of Indiana recently joining 19 other states in criminalizing abortion prior to viability, Amanda Zablocki and Mikela Sutrina at Sheppard Mullin review the current slate of state abortion laws and their broader implications.

• How In-House Counsel Can Better Manage Litigation Exposure

  

  In anticipation of economic downturn and increased litigation volume, the true struggle for an in-house team is allocating their very limited and valuable attentional resources, but the solution is building systems that focus attention where it can be most effective in delivering better outcomes, say Jaron Luttich and Sean Kennedy at Element Standard.

• Forecasting A Rise In 11th Circ. State Court Class Actions

  

  Two recent opinions from the Eleventh Circuit have created an unusual landscape that may result in a substantial increase of class action litigation in state courts, particularly in Florida, that will be unable to utilize removal tools such as the Class Action Fairness Act, says Alec Schultz at Hilgers Graben.

• Practical E-Discovery Lessons From The Alex Jones Case

  

  The accidental disclosure of mobile phone data during the Alex Jones defamation damages trial underlines the importance of having in place a repeatable e-discovery process that includes specific steps to prevent production of data that may be privileged, sensitive or damaging to the case, say Mike Gaudet and Richard Chung at J.S. Held.

• The Ethical Risks For Lawyers Accepting Payments In Crypto

  

  Ohio recently became the fifth jurisdiction to provide attorneys guidance on accepting cryptocurrency as payment or holding cryptocurrency in escrow, but lawyers should beware the ethics rules such payments may implicate, and consider three practical steps to minimize the risks, say Hilary Gerzhoy and Jared Marx at HWG.

• Compliance Considerations For Telehealth Abortion Services

  Excerpt from Practical Guidance

  

  Health care providers wishing to offer medication abortion services using telemedicine must be extremely cognizant of changing legal requirements in states where they operate, including old state laws given new life by the U.S. Supreme Court's decision in Dobbs v. Jackson Women's Health Organization, says Claire Marblestone at Foley & Lardner.

• Envisioning Metaverse-Based Litigation In The Real World

  

  Attorneys should entertain the possibility of the metaverse becoming a matter of interest in real-world courts by considering what could cause actions outside the virtual world and digital forensics hurdles to be cleared in demonstrating the offense, identifying the culpable parties and collecting damages, say consultants at Keystone Strategy.

• Narrower Vax Mandate Block Muddles Contractor Compliance

  

  The Eleventh Circuit's recent decision in Georgia v. President of the United States, narrowing a nationwide injunction that prevented enforcement of the federal contractor COVID-19 vaccine mandate, leaves behind six different injunctions, and an uncertain compliance landscape for contractors, say attorneys at Jenner & Block.

• Opinion

  ABA Stance On Role Of Nonlawyers Is Too Black And White

  

  The American Bar Association's recent resolution affirming its long-standing opposition to nonlawyers owning law practices or receiving shares of legal fees overstates the ethical, professional and regulatory challenges — and ignores the potential benefits — of allowing nonlawyers greater participation in the legal industry, say Peter Jarvis and Trisha Rich at Holland & Knight.

• When To Object During Opening And Closing Statements

  

  Many attorneys struggle with the determination of whether they should object to improper statements or comments during opening and closing arguments, and while it's more of an art than a science, several state appellate court decisions offer guidance, says Timothy Freeman at Tanenbaum Keale.

• Harnessing The Power Of Big Data In Litigation

  

  The growth in the volume, scope and utility of available data — with vendors tracking and selling data, and government releasing large data sets — requires consideration of new data analysis approaches and technological tools that can help provide objective insights in litigation matters, answer key liability and damages questions, and support critical discovery efforts, say analysts at Bates White.

• How Law Firm Operations Can Adjust To New COVID Realities

  

  Given that COVID-19 may be here to stay, law firms must once again rethink their office policies and culture to adapt to new trends and the permanent lifestyle changes that many attorneys and employees have made, say Kami Quinn and Adam Farra at Gilbert.

• Law Of The Case Is More Nuanced Than You May Think

  

  The recent Seventh Circuit decision in Flynn v. FCA highlights how frequent misconceptions about the law of the case doctrine are, and suggests that litigants should take a hard look at the key qualifications — and quirks — of this narrow and discretionary doctrine before relying on it as a silver bullet, says Michael Soyfer at Quinn Emanuel.

• Adapting To High Court's Medicaid Recovery Ruling

  

  The U.S. Supreme Court's recent decision in Gallardo v. Marstiller will likely encourage states to more aggressively seek recovery of future Medicaid expenses when plaintiffs settle with third parties, but certain limitations and strategies can help protect plaintiffs' payouts, says Aaron Frishman at Foster Garvey.

• Engage Associates At Orientation With Thoughtful Activities

  

  The pandemic has driven home the dangers of taking associate talent for granted, and law firms should consider five types of orientation activities that give new employees a greater sense of belonging, set the tone at the outset for a long career and influence attitudes toward the firm, says Joseph Gerstel at GetSomeClass.