Aerospace & Defense

Expert Analysis

• What DOD's Use Of Cyber Scores May Mean For Contractors

  

  Attorneys at Rogers Joseph examine how the U.S. Department of Defense might use its soon-to-be-mandated cybersecurity compliance self-assessment scores in solicitations and other contract actions as part of its responsibility determinations or as technical evaluation criteria, and suggest where further agency guidance would help contractors.

• A GC's Blueprint For Improving Legal Industry Diversity

  

  General counsel are in a unique position to ensure that their partner law firms are giving significant case assignments to underrepresented attorneys, and to help future generations of lawyers access meaningful opportunities early in their education or careers, says Laura Schumacher, chief legal officer at AbbVie.

• Perspectives

  Book Review: Did The High Court Cause Mass Incarceration?

  

  William Pizzi's argument in "The Supreme Court's Role in Mass Incarceration" that the U.S. Supreme Court is responsible for the high rate of incarceration is compelling, but his criticism overlooks the positive dimensions of the criminal procedure decisions under Chief Justice Earl Warren, says U.S. District Judge Lynn Adelman of the Eastern District of Wisconsin.

• Decoupling From China: Part 3 — Oversight And The Election

  

  Attorneys at WilmerHale examine the scrutiny U.S. businesses spending COVID-19 relief funds in China will likely face, the upward trajectory of China-focused congressional investigations, and how the U.S. presidential election will affect relations with China.

• Decoupling From China: Part 2 — Security Requirements

  

  Attorneys at WilmerHale discuss security requirements and export controls protecting U.S. technologies and supply chains, and the potential impact efforts to separate the U.S. and Chinese economies could have on international trade.

• Key Carbon Market Developments From 2020: Part 2

  

  While the upcoming election will have a major impact on the development of carbon market mechanisms in the U.S., growth in emissions trading and stronger regulation is expected in Europe and China, and across the global aviation industry, say Brook Detterman and Allyn Stern at Beveridge & Diamond and independent consultant Stacey Halliday.

• Persuasion Skills Attys Can Learn From Political Speeches

  

  The tools of powerful political speeches — those with soaring rhetoric that convinces and moves listeners — can be equally applicable to oral advocacy, case strategy and brief writing, say Lauren Papenhausen and Julian Canzoneri at White & Case and former presidential speech writer Dave Cavell.

• Decoupling From China: Part 1 — Legislation And Funding

  

  Attorneys at WilmerHale consider how federal funding and the Committee on Foreign Investment in the United States' expanded authority are advancing the national imperative to end U.S. dependence on China for strategically important materials, components and products.

• Opinion

  Reflections On My 1st Judicial Election Amid Racial Tensions

  

  Former Georgia Supreme Court Chief Justice Robert Benham looks back at the racial barriers facing his first judicial campaign in 1984, and explains how those experiences shaped his decades on the bench, why judges should refrain from taking political stances, and why he was an early supporter of therapeutic courts that deal with systemic problems.

• Key Carbon Market Developments From 2020: Part 1

  

  With numerous states advancing carbon emission pricing plans and some signs of movement at the federal level as well, market-based greenhouse gas reduction measures appear poised for rapid progress in the U.S., say attorneys at Beveridge & Diamond.

• Key Gov't Tools For Addressing National PPE Shortages

  

  Shortcomings in personal protective equipment supply chains remain worrisome as the COVID-19 pandemic continues into winter, but the federal government can mitigate this crisis with tools including the Defense Production Act and other financial incentives, says Sarah Rathke at Squire Patton.

• Weighing Litigation Vs. Arbitration Amid Court Disruptions

  

  Parties must determine whether arbitration is better than litigation for their disputes amid pandemic-induced court delays by answering five key questions and understanding the importance of a clearly tailored arbitration clause, say attorneys at Goodwin.

• How Attys Can Guard Against Rising Settle-And-Sue Claims

  

  Certain precautions can help lawyers avoid post-settlement malpractice claims and create a solid evidentiary defense, as settle-and-sue lawsuits rise amid pandemic-induced dispute settlements, say Bethany Kristovich and Jeremy Beecher at Munger Tolles.

• Law Firm Tips For Attracting, Retaining Attys During Pandemic

  

  Steps law firms can take to attract and keep the best lawyers amid the pandemic include diversifying expertise to meet anticipated legal demands, prioritizing firm culture, and preparing for prospective partners' pointed questions, says Brian Burlant at Major Lindsey.

• Perspectives

  Finding A Path Forward To Regulate The Legal Industry

  

  Gerald Knapton at Ropers Majeski analyzes U.S. and U.K. experiments to explore alternative business structures and independent oversight for law firms, which could lead to innovative approaches to increasing access to legal services.