Expert Analysis

• Opinion

  3 Ways Justices' Disclosure Defenses Miss The Ethical Point

  

  The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.

• FAA Drone Guidance Clears Air On Scope Of Authority

  

  The Federal Aviation Administration's new guidance outlines robust federal preemption in aviation safety and airspace efficiency, including drones, while delineating roles for state and local governments, and this fact sheet will likely be a helpful resource for state and local lawmakers, industry, courts and others, say attorneys at Wiley.

• How US Investment Regulation May Shift Under Biden Order

  

  Attorneys at Ropes & Gray explore potential prohibitions, notification requirements and covered transactions under President Joe Biden's recent executive order, which marks an unprecedented expansion of U.S. regulation of investment activity.

• 5 Compliance Mistakes To Avoid When Entering A New Market

  

  As many companies move their value chains out of China or expand to new markets for other reasons, they should beware several common compliance pitfalls — such as insufficient due diligence and one-size-fits-all training — to avoid reputational, financial and legal damage, says Alexandra Wrage at TRACE International.

• Where Biden's Outbound Investment Effort May Be Headed

  

  The president’s recent executive order on outbound investment describes prohibited transactions and a notification process, but the U.S. Department of the Treasury’s actions suggest upcoming regulations will leave investors with the risky determination of whether investments are prohibited or require notification, say attorneys at Morgan Lewis.

• Caregiver Flexibility Is Crucial For Atty Engagement, Retention

  

  As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.

• Strike Force Actions Underscore Foreign Risks For Tech Cos.

  

  As recent prosecutions demonstrate, a multiagency strike force is ramping up enforcement of trade secret theft and export control violations, and companies will need to be proactive in protecting their sensitive technologies from foreign adversaries, say attorneys at McGuireWoods.

• Questions To Ask Before Drafting Proposals With AI

  

  Before federal contractors adopt AI tools to simplify their proposal writing, they should ask questions about how a given AI tool’s model was developed, and consider the procedures they will need to avoid cookie-cutter submissions and ensure accuracy, privacy and security, among other practical and legal considerations, say attorneys at Wiley.

• Even Without US, Deep-Sea Mining Rules Likely To Prevail

  

  While the U.S. was absent from the International Seabed Authority's recent meeting in Jamaica, and has not ratified the United Nations Convention on the Law of the Sea, it seems increasingly clear that the ISA's forthcoming deep-sea mining regime will become a global framework of reference, say Louise Woods and Elena Guillet at V&E.

• In-Office Engagement Is Essential To Associate Development

  

  As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.

• SEC Focus On Perks Offers Insights On Cooperation

  

  The U.S. Securities and Exchange Commission's recent settlement with Stanley Black & Decker is the latest example of the SEC's continued focus on executive perquisites and highlights what type of cooperation may be required to avoid a civil money penalty, say attorneys at Morgan Lewis.

• Trends Emerge In High Court's Criminal Law Decisions

  

  In its 2022-2023 term, the U.S. Supreme Court issued nine merits decisions in criminal cases covering a wide range of issues, and while each decision is independently important, when viewed together, key trends and takeaways appear that will affect defendants moving forward, says Kenneth Notter at MoloLamken.

• Terror Funding Suit Could Affect Inherited Jurisdiction In NY

  

  Depending on how New York’s highest court answers two questions certified from the Second Circuit in a case litigating companies’ liability for terrorist attacks, foreign companies with no relevant New York contacts may be subject to suit in state courts by virtue of an asset purchase, say attorneys at Norton Rose.

• Perspectives

  A Judge's Pitch To Revive The Jury Trial

  

  Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.

• How To Recognize And Recover From Lawyer Loneliness

  

  Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.