Expert Analysis

• A Snapshot Of The Evolving Restrictive Covenant Landscape

  

  Rachael Martinez and Brooke Bahlinger at Foley highlight recent trends in the hotly contested regulation and enforcement of noncompetition and related nonsolicitation covenants, and provide guidance on drafting such provisions within the context of stand-alone employment agreements and merger or acquisition transactions.

• For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

  

  A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.

• Opinion

  Requiring Leave To File Amicus Briefs Is A Bad Idea

  

  A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.

• 4 Ways To Motivate Junior Attorneys To Bring Their Best

  

  As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.

• What Nevada 'Superbasin' Ruling Means For Water Users

  

  The Nevada Supreme Court's recent decision in Sullivan v. Lincoln County Water District, affirming that the state can manage multiple predesignated water basins as one "superbasin," significantly broadens the scope of water constraints that project developers in Nevada and throughout the West may need to consider, say attorneys at Perkins Coie.

• Series

  Serving As A Sheriff's Deputy Made Me A Better Lawyer

  

  Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.

• Former Minn. Chief Justice Instructs On Writing Better Briefs

  

  Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

• Stay Interviews Are Key To Retaining Legal Talent

  

  Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

• What Rescheduling Could Mean For Cannabis Bankruptcies

  

  Bankruptcy courts have historically been closed for cannabis-related businesses, but recent case law coupled with a possible reclassification of cannabis provides cautious optimism, say attorneys at Duane Morris.

• What New Waste Management Laws Signal For The Future

  

  Several states have enacted extended producer responsibility and recycling labeling laws that will take effect in the next few years and force manufacturers to take responsibility for the end of life of their products, so companies should closely follow compliance timelines and push to innovate in the area, say attorneys at Perkins Coie.

• Series

  Spray Painting Makes Me A Better Lawyer

  

  My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.

• Opinion

  Judicial Independence Is Imperative This Election Year

  

  As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.

• Series

  Riding My Peloton Bike Makes Me A Better Lawyer

  

  Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.

• Opinion

  Justices' Trump Ballot Ruling May Spark Constitutional Crisis

  

  The U.S. Supreme Court’s recent ruling that former President Donald Trump must be reinstated to Colorado’s primary ballot endorses an unnecessarily broad legal theory of disqualification from federal office, raising constitutional questions that will only become more urgent as the next presidential election nears, says Devon Ombres at the Center for American Progress.

• Spartan Arbitration Tactics Against Well-Funded Opponents

  

  Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.