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WHAT WE'RE WATCHING

IMMUNE SUPPORT - The U.S. Food and Drug Administration's full approval of the Pfizer-BioNTech coronavirus vaccine for people 16 and older could embolden more employers to require vaccination and certainly weakens employees' attempts to litigate the issue. Still, getting the COVID-19 shot is like attending a Zoom happy hour, just because you can force your employees to do it, doesn't necessarily mean you should. In this week's Law.com Litigation Trendspotter column, we look at how Pfizer's FDA approval has impacted the litigation landscape and why, despite the win for employers, attorneys still generally advise treading lightly when considering a vaccine mandate. I'm interested to hear what you think: should employers be mandating vaccines for their employees or do the potential cons—namely, harm to company culture and probable litigation—still outweigh the pros? Let me know at [email protected].

STRATEGIC PLACEMENT - Meet the new boss, same as the old boss? Maybe not anymore. As Lizzy McLellan writes in this week's Law.com Barometer newsletter, the latest examples of leadership changes and C-suite evolution at law firms suggest that at least some are taking a more thoughtful and open-minded approach to who drives organizational strategy. By representing historically underrepresented groups and expanding business-minded leadership roles, law firms are slowly but surely creating a new generation of industry leaders that looks much different from previous ones. "Strong law firms were built on a foundation of expert legal advice, which only lawyers can provide," McLellan writes. "But with that foundation in place, big corporate clients are now seeking more business-focused imperatives—true progress in diversity, equity and inclusion; forward-thinking legal service delivery and pricing arrangements; trusted advisers who can help them achieve their vision. That requires help from people who are experts in those areas. Some may be lawyers, but many are business professionals who have never practiced law." To receive the Law.com Barometer directly to your inbox each week, click here.

SIDE EFFECTS SUIT - Now back to controversial vaccines. Pharmaceutical companies McKesson and Merck were hit with a product liability lawsuit Thursday in New Jersey District Court in connection to their shingles vaccine Zostavax. The action, brought by Marc J. Bern & Partners LLP on behalf of Janet Bektashi, accuses the defendants of failing to warn consumers of the potential side effects of taking the vaccine. Counsel have not yet appeared for the defendants. The case is 3:21-cv-16133, Bektashi v. Merck & Co., Inc. et al. Stay up on the latest deals and litigation with the new Law.com Radar.  

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EDITOR'S PICKS

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WHILE YOU WERE SLEEPING

SECONDEE SHORTAGE - Driven by ever-increasing workloads and pressure on in-house teams, client demand for secondees "has never been greater," according to Ciara Cullen, a London-based partner at professional services firm RPC. Cullen's view reflects those of several other law firm partners and GCs But, as Law.com International's Varsha Patel reports, there is a problem. As the pandemic sees both private practice and in-house teams stretched beyond capacity amid heightened deal activity—and with partner utilization skyrocketing—there is a shortage of associates and, thus, a shortage of available secondees. The result is that many clients are now feeling neglected and viewed as low priority compared with a handful of firms' largest clients. And several senior in-house lawyers believe there is one type of client in particular hogging most of the talent. As one telecom GC noted: "The banks are using [secondees] heavily at the moment, so they're grabbing all the City firms and sweeping up half my team." Now, there are fears the shortage will lead to strained relationships, as well as client and associate dissatisfaction.

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WHAT YOU SAID

"… [T]he FTC has been essentially asleep at the wheel for decades, she almost has to change it. She almost has to have very significant heads to hang on the wall."