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Expert Analysis


Diversity's Next Step: Developing Minority Partners

The lack of minority partners comes at a high cost to firms, say attorneys at Lightfoot Franklin & White LLC, as they suggest several practical ways to tackle this problem.


Nuts And Bolts Of The IRS' Proposed Anti-Hybrid Regulations

In December, the IRS proposed regulations under two new sections of the Internal Revenue Code aimed at so-called hybrid arrangements — transactions by multinational companies subject to corporate income tax in one national jurisdiction but not another. Attorneys at Mayer Brown LLP discuss the scope of the rules, new reporting requirements and which transactions may be affected.


Takeaways From Fed. Circ. Hatch-Waxman IPR Case

The Federal Circuit's ruling last week in Amerigen v. UCB provides an informative data point regarding standing for inter partes review appeals in the Hatch-Waxman context, as well as considerations for brand companies facing obviousness challenges to patents claiming prodrug compounds, say attorneys with King & Spalding LLP.


How Brexit May Impact UK Criminal Justice

As uncertainty over a Brexit deal remains following the U.K. Parliament's overwhelming rejection this week of a draft withdrawal agreement, John Binns of BCL Solicitors LLP takes a closer look at the potential end of criminal justice cooperation arrangements between the United Kingdom and the European Union.


TSA Pipeline Cybersecurity Road Map: Key Points

Pipelines are a crucial aspect of the nation's economic and national security. But no one agency has officially been in charge of pipeline cybersecurity — until last month, when the U.S. Transportation Security Administration's cybersecurity road map made clear that the TSA will take the lead role in this area, says Norma Krayem of Holland & Knight LLP.


Takeaways From NJ Bulletin On Out-Of-Network Health Care

The New Jersey Department of Banking and Insurance has released a bulletin clarifying its law designed to protect consumers from "hidden" out-of-network health providers, but many questions still remain, say Cynthia Borrelli and Michael Morris of Bressler Amery & Ross PC.


A 2019 Field Guide To Calif. Class Actions

For those navigating the California class action landscape in 2019, it pays to know what happened in 2018. William Stern of Covington & Burling LLP looks back at the most important developments and discusses what to expect going forward.


Expect More SEC Cybersecurity Enforcement This Year

The U.S. Securities and Exchange Commission turned its attention to cybersecurity last year, and those efforts will intensify throughout 2019. There are at least four likely areas of enforcement activity, say attorneys with Linklaters LLP.


What Cannabis Patent Applicants Can Learn From Biopharma

The patent landscape for cannabis is conforming roughly to that of traditional biopharma in terms of the rejections being raised and how they are being overcome, say Pauline Pelletier and Deborah Sterling of Sterne Kessler Goldstein & Fox PLLC.


2019 Annual Meeting And Reporting Considerations: Part 4

In the final installment of their four-part series, attorneys with Skadden Arps Slate Meagher & Flom LLP focus on corporate governance best practices such as disclosures related to board evaluations and virtual shareholder meetings; the status of Dodd-Frank and other U.S. Securities and Exchange Commission rule-making matters; and considerations in assessing social media policies.


5 Interview Questions Calif. Employers Should Skip In 2019

Although Michael Scott, a fictional character in "The Office," would have us believe there's no such thing as a bad question, in California that expression now holds less true than ever. Minal Haymond of Seyfarth Shaw LLP reviews new and updated legislation governing what employers can and cannot ask job candidates.


CFIUS During The Shutdown: What It Means For Deals

With no clear end in sight to the government shutdown — including the shutdown of a majority of the Committee on Foreign Investment in the United States — global companies, strategic investors and their outside counsel must carefully consider the ongoing impact on deals at all stages, say attorneys at Skadden Arps Slate Meagher & Flom LLP.


Capital Leases Are Dead, Long Live Finance Leases

Starting this year, public companies must adopt the Financial Standards Accounting Board's new lease accounting rules, which eliminate the defined term "capital leases." Lenders and borrowers alike will need to consider taking a new approach to drafting credit agreements, says Brad Boericke of Pepper Hamilton LLP.


Sears’ Biggest Sale (Itself) Offers Valuable Lessons For Retail

Although a deal announced Wednesday could keep open more than half the department stores that retail dinosaur Sears Roebuck and Company had when it filed for bankruptcy protection last October, Sears remains a cautionary tale for the retail industry, say Robert Marticello and Philip Strok of Smiley Wang-Ekvall LLP.


11 Military Leadership Principles To Build Winning Trial Teams

The “11 Principles of Leadership,” included in the Army Field Manual on Leadership in 1951, can easily be translated into strategies to build winning litigation and trial teams, says Astor Heaven of Crowell & Moring LLP.


2019 Annual Meeting And Reporting Considerations: Part 3

In the third installment of their four-part series, attorneys with Skadden Arps Slate Meagher & Flom LLP consider corporate governance best practices including environmental, social and governance reporting, updates to director and officer questionnaires, board diversity and related disclosures, and shareholder proposals.


Amendments To Procedure Rules Reflect Dynamic Tax Court

Recent revisions to the U.S. Tax Court procedural rules show the court embracing the digital age, refinements to existing rules and the addition of new areas of jurisdiction. Andrew Roberson and Kevin Spencer of McDermott Will & Emery LLP explain eight important amendments.


Does ADA Cover Accommodations For Transgender Workers?

Much has been written about whether Title VII of the Civil Rights Act covers discrimination based on transgender status or gender identity, but how the Americans with Disabilities Act comes into play has largely remained uncharted territory. Until now, says Lindsey Conrad Kennedy of Eckert Seamans Cherin & Mellott LLC.


2018 Trends In HHS Corporate Integrity Agreements

The Office of Inspector General at the U.S. Department of Health and Human Services entered into only 37 new corporate integrity agreements last year — the lowest number since 2012 — but it was an important year on the policy front, say attorneys with Skadden Arps Slate Meagher & Flom LLP.


UK Patent Law: Hot Topics Of 2018 And What's Ahead

English courts have been active in the past year, grappling with patent topics like plausibility and equivalents, and 2019 promises to be another exciting year as English patent lawyers await developments on obviousness, insufficiency and employee inventor compensation, says Jin Ooi of Kirkland & Ellis LLP.




Special Series


Judging A Book

Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.




Winner's Playbook

Take a peek behind the scenes of four U.S. Supreme Court cases from 2018, as the attorneys who won them reflect on the challenges they faced and the decisions they made that led to victory.

High Crimes And Misdemeanors

Twenty years after the impeachment of the 42nd president of the United States, experts consider the motivations and implications.



Q&A


A Chat With Reed Smith Chief Marketing Officer Sadie Baron

In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Sadie Baron, chief marketing officer at Reed Smith LLP.



Op-Eds


Time For High Court To Clarify Standing For IPR Appeals

The U.S. Supreme Court should agree to review the Federal Circuit’s standing jurisprudence in JTEKT v. GKN, and confirm a “dissatisfied” petitioner’s right to challenge an inter partes review decision, as set forth by Congress, say attorneys with Amster Rothstein & Ebenstein LLP.

Door Maker Case Is A Boon To Private Antitrust Litigants

A recent Law360 guest article argued that the Virginia federal court's decision in Steves and Sons v. Jeld-Wen casts doubt on the value of pre-merger clearance. But the ruling raises a much more important issue — a private plaintiff had to do what the U.S. Department of Justice wouldn’t, says Jamie Miller of the Alioto Law Firm.