Construction

Expert Analysis

• 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.

• Series

  Lawyering While Parenting: A Day In A Dad's Pandemic Life

  

  Christopher Jennison shares a view of his life working from home as a Federal Aviation Administration attorney preparing to first-chair a trial while splitting child care responsibilities with his lawyer wife.

• Series

  Lawyering While Parenting: A Day In A Mom's Pandemic Life

  

  Josephine Bahn shares a view of her life working from home as an attorney at the Federal Deposit Insurance Corporation while splitting child care responsibilities with her lawyer husband.

• Environmental Policy And The Election: Part 3

  

  In the final part of this series, attorneys at Akin Gump look at the presidential candidates' strongly diverging stands on water quality, biodiversity, use of federal lands and environmental justice, and the tool set of executive orders, regulatory rulemakings and permitting decisions they would use to advance their agendas.

• Opinion

  SBA Change-In-Ownership Guidance Highlights PPP Flaws

  

  The lack of clarity in the U.S. Small Business Administration's recent guidance on Paycheck Protection Program requirements for borrowers undergoing ownership changes is an example of how changing the pandemic relief program's rules on the fly could leave borrowers confused and potentially economically vulnerable, says Christine Price at Moritt Hock.

• Mitigating Pandemic-Prompted Construction Defect Risk

  

  The residential construction surge resulting from the pandemic may lead to an increase in construction defect claims, but developers can make use of certain contract clauses, risk-transfer mechanisms and state statutes of limitations to minimize liability, say James Prichard and Megan Picataggio at Ball Janik.

• Environmental Policy And The Election: Part 2

  

  Attorneys at Akin Gump analyze the agendas that both presidential candidates have laid out on domestic energy, air quality and international climate diplomacy, and consider likely policy outcomes.

• 5 Cost-Cutting Strategies For Corporate Legal Departments

  

  To achieve long-term reduction in their legal expenses, companies must look beyond law firm hourly rates and better distribute their legal work among high-cost premier firms, low-cost practitioners and alternative legal service providers, and their own in-house teams, says Nathan Wenzel at SimpleLegal.

• Guest Feature

  Preparing The Next Generation Of Female Trial Lawyers

  

  To build the ranks of female trial attorneys, law firms must integrate them into every aspect of a case — from witness preparation to courtroom arguments — instead of relegating them to small roles, says Kalpana Srinivasan, co-managing partner at Susman Godfrey.