Expert Analysis

• Opinion

  FinCEN Regs Must Recognize Int'l Whistleblower Realities

  

  In drafting regulations to implement an anti-money laundering whistleblower program, the Financial Crimes Enforcement Network must follow the mandates laid out in the White House’s global anti-corruption strategy to protect and compensate whistleblowers in extreme danger worldwide, says Stephen Kohn at Kohn Kohn.

• 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.

• 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.

• No End In Sight For Pandemic Relief Fraud Enforcement

  

  Congress' recent decision to extend the statute of limitations to 10 years for fraud related to pandemic relief means the era of enforcement actions brought under the False Claims Act and the Financial Institutions Reform, Recovery and Enforcement Act has only just begun, say attorneys at Crowell & Moring.

• 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.

• 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.

• 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.

• 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.

• Opinion

  Litigation Funding Disclosure Should Be Mandatory

  

  Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.

• Recalling USWNT's Legal PR Playbook Amid World Cup Bid

  

  As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

• Revalidation Unlikely To End NIH Tech-Deal Bid Protest Saga

  

  Recent U.S. Government Accountability Office decisions requiring the National Institutes of Health to again rework a $50 billion information technology contract probably won't result in an award for many protesters, and the corrective action will likely be followed by more protests, say James Tucker and Damien Specht at MoFo.

• It's Not You, It's Me: Breaking Up With Mass. FCA Prosecutors

  

  A recent Massachusetts U.S. Attorney's Office settlement, which required a hospital to admit to certain facts, continues a state trend away from traditionally defense-friendly nonadmission language and may complicate the prospects of amicably resolving future False Claims Act cases, say Jonathan York and Scott Memmott at Morgan Lewis.

• Contract Disputes Recap: Timeliness, Evidence, Fact-Finding

  

  Edward Arnold and Bret Marfut at Seyfarth Shaw look at three recent opinions from three stages of government contract claims litigation about avoiding untimeliness by ticking procedural boxes, supporting factual positions at the summary judgment stage and how the appellate boards review default terminations.