3 Steps For In-House Counsel To Assess Litigation Claims

Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.

Series

Teaching College Students Makes Me A Better Lawyer

Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.

5 Areas Contractors Should Watch After 1st 100 Days

Federal agencies and contractors face challenges from staff reductions, contract terminations, pending regulatory reform and other actions from the second Trump administration's first 100 days, but other areas stand to become more efficient and cost-effective, say attorneys at Thompson Hine.

A New Tool For Assessing Kickback Risks In Health Marketing

The Seventh Circuit's recent decision in U.S. v. Sorensen, reversing a conviction after trial of a durable medical equipment distributor, highlights two principle considerations for determining whether payments to marketers in healthcare are unlawful under the Anti-Kickback Statute, says Elisha Kobre at Sheppard Mullin.

Series

Adapting To Private Practice: From DOJ Enviro To Mid-Law

Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.

Independent Contractor Rule Up In The Air Under New DOL

In several recent court challenges, the U.S. Department of Labor has indicated its intent to revoke the 2024 independent contractor rule, sending a clear signal that it will not defend the Biden-era rule on the merits in anticipation of further rulemaking, say attorneys at Jackson Lewis.

Trump DOE's Plan On AI Offers Challenges, Opportunities

The Trump administration's push to make federal land available for development of artificial intelligence data centers follows a similar Biden administration proposal — but a new request for information from the U.S. Department of Energy envisions a rapid timeline that may prove challenging for both the DOE and industry stakeholders, say attorneys at HWG.

Legal Ethics Considerations For Law Firm Pro Bono Deals

If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.

How To Address FCA Risk After 4th Circ. Ruling On DEI Orders

Following the Fourth Circuit's ruling in National Association of Diversity Officers in Higher Education v. Trump, which freed the administration to enforce executive orders targeting diversity, equity and inclusion programs, government contractors should take stock of potentially unlawful DEI programs, given their heightened risk under the False Claims Act, say attorneys at Sidley.

Series

Playing Football Made Me A Better Lawyer

While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.

10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks

The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.

Contract Disputes Recap: Q&As, Gov't Claims, Pleading

Attorneys at Seyfarth examine decisions from the Armed Services Board of Contract Appeals, the Civilian Board of Contract Appeals and the U.S. Court of Federal Claims covering matters including superior knowledge, government claims and pleading standards.

Self-Disclosure Calculus Remains Complex Under Trump DOJ

Shifting policy focus under the Trump administration's Justice Department has created uncertainty for individuals considering voluntarily self-disclosing crimes that are no longer considered an enforcement priority, but there has been no indication that the administration intends on dialing back self-disclosure programs, say attorneys at Fox Rothschild.

Perspectives

The Benefits Of Aligning States On Legal Paraprofessionals

Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.

11 Tips For Contractors Dealing With DOD Staff Reductions

Defense contractors should prepare for a wide range of disruptions related to procurement and contract administration that are likely amid federal workforce reductions, say attorneys at Covington.