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The Legal Intelligencer

When Does Unsolicited Receipt of Confidential Information From a Potential Client Create Duties?

Whether communications (oral or electronic) received by the lawyer constitute such a "consultation" to trigger "prospective client" status depends on the circumstances, including whether the lawyer or law firm has invited the submission of information about the representation through advertising, website reference, etc., without qualifying cautionary statements or warnings about the nature of the communications.
4 minute read

The Legal Intelligencer

DEA's Psychedelic-Outlawing Effort Attacked by Private Industry

Despite the U.S. Food and Drug Administration's approval of depression treatment drug Esketamine and conferring of "breakthrough therapy" status on other psychedelics, the DEA is amping up its prohibition efforts and private industry is punching back.
8 minute read

The Legal Intelligencer

Supreme Court Confronts Difficulty of Moderating Social Media Platforms

A pair of cases before the U.S. Supreme Court will shape the future of social media content. Both cases—Moody v. NetChoice and NetChoice v. Paxton—present novel questions about the free speech protections available to social media platforms under the First Amendment.
4 minute read

The Legal Intelligencer

Why Your Best Move in Arbitration May Be to Use a Chess Clock

Clients have inserted arbitration provisions to avoid the expensive trappings of litigation, but their counsel sometimes tries to remake arbitration in the familiar image of litigation. Fortunately, there is a tool to keep this trend in check: the chess clock. (Pun intended)
7 minute read

The Legal Intelligencer

Switching Practice Areas: A Challenge or a Treasure?

Change is inevitable, especially for young lawyers who seek growth and opportunity within their current career paths. In fact, it is very common for young lawyers to consider a change in practice areas for a variety of reasons. As true with any minor or major change, there are associated risks and rewards.
9 minute read

The Legal Intelligencer

Long-Awaited SEC Final Rules on Climate-Related Disclosures Face Legal Scrutiny

While the status of the final rules remains uncertain, the SEC's 2010 climate guidance continues to apply. Companies should continue to consider providing more robust disclosure on climate-related risks and their impact on the company's business, results of operations and financial condition in response to demands from investors and to comply with rules and guidance set forth by the SEC, states, other regulatory agencies and other advisory bodies.
9 minute read

The Legal Intelligencer

The Weirdness of Appeals Under Section 308 of Act 2

Section 308 of Act 2 makes all "decisions by the Department of Environmental Protection involving the reports and evaluations required under Act 2 to be considered appealable actions under" the Environmental Hearing Board Act. That stands out from the rest of Pennsylvania environmental law. It has not been litigated very often, but it may pose risks for practitioners.
7 minute read

The Legal Intelligencer

Using Collaborative Content Development to Enhance Credibility and Build Visibility

In a collaborative content process, lawyers as subject matter experts can conceptualize the topics and frame the discussion to address the needs and questions of their audiences, provide guidance and feedback throughout the process, and review, finalize and approve the content before release.
8 minute read

The Legal Intelligencer

When Advocacy Turns Into Obstruction: A Cautionary Tale for Corporate Counsel Handling Gov't Investigations

Corporate counsel must understand the difference between advocacy and obstruction when facing government investigations.
7 minute read

The Legal Intelligencer

Heat Warning: Summer and OSHA Both Could Scorch Less-Than-Careful Employers in 2024

The Occupational Safety and Health Administration (OSHA)—the federal watchdog responsible for ensuring safe and healthful working conditions—has been "raising the heat" on employers when it comes to investigating heat hazards in the workplace during this era of volatile climate change.
7 minute read

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