Construction

Expert Analysis

• A Study Of Virtual Reality's Courtroom Applications

  

  Virtual reality technology can transport jurors to a scene without their leaving the courtroom, but expert witnesses and counsel must carefully weigh 3D technology's limitations compared to conventional media and the richness of human perception, say consultants at Exponent.

• 8 Tips For Effective Oral Advocacy In Virtual Court Hearings

  

  Jim Lofton at Lofton Legally Speaking explains why tightly constructed arguments, the right camera angle and good online behavior are crucial to a powerful virtual courtroom presentation.

• Growth And Challenges For Life Sciences CRE Amid COVID-19

  

  Life sciences commercial real estate has grown during the pandemic due to life sciences companies' resiliency and low turnover rate, though investors looking to enter the market should be aware of unique challenges this market presents, says Dawn Saunders at Crosbie Gliner.

• 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.

• The Potential Post-Election Fate Of Trump Enviro Orders

  

  Meghan Smith and Alex Prochaska at Jones Walker highlight three executive orders from President Donald Trump on environmental regulations and policy and examine how they may be amended or revoked if Democratic presidential candidate Joe Biden is elected.

• How The Environmental Justice Landscape Is Evolving

  

  The concept of environmental justice has risen to prominence recently, and converging trends signal further legislative and litigation developments, with potential for exponential amplification by the presidential and congressional election outcomes, say Julius Redd and Hilary Jacobs at Beveridge & Diamond, and 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.

• 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.

• 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.

• How Fla. Homebuilders Can Protect Pre-Closing Deposits

  

  In light of Florida developers' recent success in negotiating for homebuilders to release deposits while some closing conditions remain unfulfilled, there are some ways homebuilders can safeguard their payments, but none of them are easy, says Gary Kaleita at Lowndes Drosdick.

• 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.

• CEQA Suits Can Be Mooted By Construction

  

  The California Court of Appeal's recent decision in Parkford Owners for a Better Community v. Placer clarifies that a California Environmental Quality Act lawsuit does not preclude a development project approval recipient from proceeding to complete its project — and if they proceed far enough without an injunction, the case may become moot, says Arthur Coon at Miller Starr.

• 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.