Expert Analysis

• Series

  My Favorite Law Prof: How I Learned That Culture Shapes Law

  

  U.S. District Judge Jed Rakoff of the Southern District of New York considers how a class with Jerry Cohen at Harvard Law helped him understand culture and history’s influence on jurisprudence, and how even seemingly settled law can evolve — all while espousing a more humanistic approach to teaching that restored Judge Rakoff's pride in being a lawyer.

• 9 Legal Ethics Considerations In Natural Disaster Preparation

  

  Since natural disasters like Hurricane Ian do not relieve lawyers of their ethical obligations to clients, law firms should focus their preparedness efforts on specific areas crucial to continuity of representation and ethics compliance, like business and communications contingency planning, record redundancy and more, says Mark Hinderks at Stinson.

• A Divided Congress May Increase Companies' Political Risks

  

  If the impending midterm elections result in a divided government, companies will have to recalibrate their perceptions of political risk so that they can avoid getting caught between competing policy agendas and investigations, say Kristina Moore and Alexander Miehls at FTI Consulting.

• Series

  My Favorite Law Prof: How I Learned To Put Law Into Practice

  

  Massachusetts U.S. Attorney Rachael Rollins looks back at how Judge Charles Spurlock's trial advocacy class at Northeastern University School of Law challenged her to apply what she had already learned about civil and criminal procedure, evidence and criminal law to solving real-world problems.

• State AG Consumer Protection Priorities Beyond The Election

  

  Even if some states flip parties in the upcoming midterm elections, bipartisanship will continue to be a cornerstone of state attorney general consumer protection efforts — including data security, public health and price-gouging enforcement — in 2023, say Paul Singer and Beth Chun at Kelley Drye.

• What To Consider When Leaving BigLaw To Go Solo

  

  Attorneys contemplating leaving their once-ideal job in BigLaw to start their own business should take certain concrete steps before they depart, such as saving money and drafting a business plan, and prepare for some common challenges, says Claudia Springer at Novo Advisors.

• Opinion

  A Legal Response To DeSantis Migrant Flights May Not Suffice

  

  The U.S. Supreme Court's 2020 analysis in the Bridgegate case may foreshadow challenges in carrying out the legal consequences of Florida Gov. Ron DeSantis’ alleged misuse of funds while relocating Venezuelan migrants to Massachusetts, making it an issue more for voters than the courts, says Bianca Forde at Otis Elevator.

• Opinion

  Ohio Workers' Suit Could Distort RICO And Trafficking Laws

  

  An Ohio federal court case over employment contract provisions — Carmen v. Health Carousel — may dramatically expand the scope of trafficking laws and the Racketeer Influenced and Corrupt Organizations Act, which could put ordinary employment disputes under the purview of statutes meant to target organized crime and forced labor, says Noah Peters at Brewer, Attorneys & Counselors.

• Series

  My Favorite Law Prof: How I Learned Education Never Ends

  

  D.C. Circuit Judge David Tatel reflects on what made Bernard Meltzer a brilliant teacher and one of his favorite professors at the University of Chicago Law School, and how Meltzer’s teachings extended well past graduation and guided Judge Tatel through some complicated opinions.

• Opinion

  New-Parent Attorneys Need Automatic Litigation Stays

  

  To facilitate parental leave for solo practitioners and small-firm attorneys excluded from the Family and Medical Leave Act's protections, the American Bar Association should amend its rules to implement automatic litigation stays for attorneys welcoming a new child, says attorney Gabriel Levy.

• Associate Skills That Impress Firms In A Cooling Job Market

  

  With the lateral hiring market calming down and law firms no longer overlooking resume deficiencies when evaluating candidates, associates at all levels should be cognizant of the skills and attributes that make them marketable to prospective employers, says J.B. Pullias at VOYlegal.

• High Court Could Resolve Thorny Atty-Client Privilege Issue

  

  The U.S. Supreme Court recently granted review in a federal grand jury proceeding that presents a rare opportunity to clarify — and possibly significantly expand — the scope of the attorney-client privilege for complex mixed-purpose communications with counsel, says David Greenwald at Jenner & Block.

• Minn.'s New Common Interest Doctrine: A Primer

  

  In its recent ruling in Energy Policy Advocates v. Ellison, the Minnesota Supreme Court adopted the common interest doctrine, extending confidentiality to communications between an attorney and client that include a third party — but successful use of the doctrine will require care, preparation and attention to detail, says George Singer at Ballard Spahr.

• Refining Info Governance As E-Discovery Gets More Complex

  

  Courts are increasingly requiring litigants to produce chats and other conversations recorded on business collaboration platforms as evidence, so companies should develop strategies for preserving and organizing such data to timely comply with e-discovery requests and to protect sensitive information, say attorneys at Akerman.

• Congressional Probes After The Midterms: Tips For Witnesses

  

  With the GOP planning a barrage of investigations into the Biden administration if it wins control of the House this fall, current and former government officials and corporate executives who might be called as witnesses must prepare to protect their personal interests — and those of their organizations, says Kevin Carroll at Hughes Hubbard.