Environmental

Expert Analysis

• Myths And Facts About Using TAR Across Borders

  

  Many legal teams involved in cross-border matters still hesitate to use technology assisted review, questioning its ability to handle non-English document collections. However, with the proper expertise, modern TAR can be used with any language, including challenging Asian languages, say John Tredennick and David Sannar of Catalyst Repository Systems.

• Top 6 IRS Attacks On Conservation Easement Deductions

  

  Even inconspicuous technical deficiencies in drafting or tax return preparation may render a conservation easement valueless for federal income tax purposes. Donors of conservation easements should be particularly mindful of six issues the IRS has recent held in its sights, say Gregory Rhodes and Tucker Thoni of Sirote & Permutt PC.

• Some Good Prop 65 News For Businesses

  

  It is rare for anything having to do with California’s infamous Proposition 65 warning law to be welcomed by businesses, but a dizzying flurry of recent developments may prove an exception, say attorneys with Morrison & Foerster LLP.

• Roundup

  From Lawmaker To Lawyer

  

  Earlier this year, Rep. Trey Gowdy, R-S.C., made headlines with his decision to leave Congress and return to law. ​​In this series, former members of Congress who made that move discuss how their experience on the Hill influenced their law practice.

• The EPA's New Biofuels Plan And A Residue Of Uncertainty

  

  The U.S. Environmental Protection Agency last week issued its long-awaited proposal concerning the next round of annual volume requirements under the Renewable Fuel Standard. While the proposal generally indicates stability and growth for the RFS program, it is conspicuously silent on several issues that could substantially affect biofuels markets, say Joel Beauvais and Steven Croley of Latham & Watkins LLP.

• Opinion

  A Trump Supreme Court Nominee Can Be Defeated

  

  The Senate Republican leadership and the Trump administration are racing to fill Justice Anthony Kennedy’s spot on the U.S. Supreme Court. Does opposition to their plans have any chance of success? My answer is yes, because the stakes are so high, people are so engaged, and the records of those short-listed are so deeply troubling, says Nan Aron, president of Alliance for Justice.

• Is It Time For A Challenge To Chevron Deference?

  

  In a recent concurring opinion, outgoing U.S. Supreme Court Justice Anthony Kennedy expressed some skepticism over the scope of the "Chevron deference" doctrine, which requires federal courts to defer to an administrative agency’s "reasonable" interpretation of an ambiguous statute. Overturning or limiting Chevron could have a profound effect on the power of federal agencies, says Joseph Diedrich of Husch Blackwell LLP.

• Limiting Law Firms' Professional Liability Risks: Part 3

  

  As clients increasingly look to limit their own liability exposure, they can reasonably expect that their retained counsel should do the same. In this context, a carefully crafted, thoughtfully presented engagement letter can help a law firm strike a successful balance between protecting itself and preserving a client relationship, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.

• New Stats On Millennial Attorney Disciplinary Actions

  

  In this analysis of disciplinary action trends in the legal industry, Edwards Neils LLC managing member Jean Edwards examines data provided by bar organizations for 17 states and the District of Columbia.

• Limiting Law Firms' Professional Liability Risks: Part 2

  

  With law firms increasingly exposed to professional liability risks associated with their corporate client relationships, firms must craft well-structured client engagement letters to help protect against malpractice claims. Two key elements of an engagement letter are how it defines the scope of engagement and how it handles conflicts of interest, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.