Expert Analysis

• Tide May Be Turning On Texas Two-Step Bankruptcy Strategy

  

  Recent developments in several high-profile bankruptcy cases suggest that the use of the Texas Two-Step to shield solvent companies from tort claims may be falling out of favor, but until the U.S. Supreme Court hears one of these cases the strategy will remain divisive and the subject of increased scrutiny, say attorneys at Rivkin Radler.

• How Multiagency Sanctions Enforcement Alters Compliance

  

  Recent indictments and guidance emphasizing scrutiny of third-party intermediaries make clear the government's increasingly interagency approach to sanctions enforcement and its view that financial institutions are the first line of defense against evasion efforts, particularly in connection with Russia's invasion of Ukraine, say attorneys at Ballard Spahr.

• Disney Investor Suit Shows Limit Of Del. Books, Records Law

  

  While Section 220 of the Delaware General Corporation Law remains an important shareholder tool to obtain access to corporate books and records, the Delaware Chancery Court's recent decision in Simeone v. Disney illustrates the extent that judges will allow the use of Section 220 to scrutinize disagreements about corporate speech on ESG issues, say Stephen Kraftschik and Robert Penza at Polsinelli.

• Series

  Fla. Banking Brief: All The Notable Compliance Updates In Q2

  

  Florida financial institutions must now navigate minimum interest rates for attorney trust accounts, restrictions on property sales to prohibited foreigners, and a ban on weighing environmental, social and governance factors to determine a customer's creditworthiness — changes that will add to banks' compliance pressures, says Patricia Hernandez at Avila Rodriguez.

• Level Up Lawyers' Business Development With Gamification

  

  With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.

• Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled

  

  In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.

• What The ESG Divide Means For Insurers And Beyond

  

  The debate around ESG is becoming increasingly polarized, with some states passing legislation that prohibits the use of ESG factors and others advancing affirmative legislation, highlighting the importance for insurers and other companies to understand this complex legal landscape, say Scott Seaman and Bessie Daschbach at Hinshaw.

• 5 Ways Firms Can Rethink Office Design In A Hybrid World

  

  As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.

• How To Avoid Flopping When Flipping Fla. Real Estate

  

  As land prices rise, Florida real estate developers are increasingly contracting to flip property to other purchasers for a profit, and they should carefully consider the unique risks and issues associated with the different forms that the process can take, says Gary Kaleita at Lowndes.

• Opinion

  Bar Score Is Best Hiring Metric Post-Affirmative Action

  

  After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.

• Cos. Must Prepare For More ESG Scrutiny From All Sides

  

  As businesses face challenges to their environmental, social and governance efforts and statements — both from those who find them inadequate, and from those who think they go too far — it is more important than ever to proceed with care in implementing and disclosing ESG initiatives, say attorneys at Skadden.

• Piecing Together The Blockchain Evidentiary Hurdles

  

  There are common challenges to introducing blockchain evidence at trial and a lack of uniformity in evidentiary codes at the state and federal levels means litigants must carefully navigate the uncertain blockchain puzzle, says Brett Sager at Ehrenstein Sager.

• 2 Years Later: TransUnion's Impact On Data Breach Litigation

  

  In the two years since the U.S. Supreme Court’s landmark TransUnion decision, plaintiffs have sought to bypass the effects of the ruling — which poses a significant impediment to large data breach class actions and uncertainty for cyber insurers — through various clever pleading forms, say Jason Fagelman and Sarah Cornelia at Norton Rose, and Amanda Thai at Beazley.

• Ghosting In BigLaw: How To Come Back From Lack Of Feedback

  

  Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.

• Opinion

  Thoughts On Prosecutorial Discretion After Trump Indictments

  

  Prosecutorial best practices and a look at the alleged offenses show that the criminal charges against former President Donald Trump in the hush-money and classified document cases are ill-advised — and threaten to erode the separation between the criminal justice system and the political process, says Scott Coffina at Pietragallo Gordon.