Expert Analysis

• Opinion

  Litigation Funders Seek Transparency In Disclosure Debate

  

  Litigation funders want to correct the record on calls for funding disclosure in the name of transparency, as this purported justification obscures the disclosure's adverse effects — prejudicing plaintiffs' cases and discouraging the assertion of meritorious legal claims, say Dai Wai Chin Feman and William Weisman at Parabellum Capital.

• Employee Immigration Considerations For M&A Due Diligence

  

  For a company going through a merger or acquisition, an immediate review of immigration issues, including compliance and impediments to employee retention, can remove several stumbling blocks known to trip up otherwise viable deals, say Elizabeth Gibbes and Miguel Manna at Parker Poe.

• 5 Principles For Better Professional Development Programs

  

  The pandemic and ensuing "great resignation" have resulted in a more transient legal work force, but law firms can use effective professional development programs to bridge a cultural gap with new associates and stem associate attrition, says Matthew Woods at Robins Kaplan.

• Series

  My Favorite Law Prof: How I Learned To Practice With Passion

  

  First Circuit Judge Gustavo Gelpí recalls how Suffolk University Law School's Joseph Glannon taught the importance of the law as both a tool and a profession, and that those who wish to practice law successfully must do so with love, enthusiasm and passion.

• Questions To Ask Before Making A Lateral Move As Partner

  

  Law firm partners considering lateral moves should diligently interview prospects — going beyond standard questions about compensation to inquire about culture, associate retention and other areas that can provide a more comprehensive view, says Lauren Wu at VOYLegal.

• Series

  My Favorite Law Prof: How I Learned To Argue Open-Mindedly

  

  Queens College President Frank Wu reflects on how Yale Kamisar’s teaching and guidance at the University of Michigan Law School emphasized a capacity to engage with alternative worldviews and the importance of the ability to argue for both sides of a debate.

• ABA's No-Contact Rule Advice Raises Questions For Lawyers

  

  The American Bar Association's ethics committee recently issued two opinions concerning the no-contact rule — one creates an intuitive and practical default for electronic communications, while the other sets a potential trap for pro se lawyers, say Lauren Snyder and Deepika Ravi at HWG.

• 4 Key Skills For An Effective Attorney Coaching Conversation

  

  As BigLaw firms are increasingly offering internal coaching as one of many talent strategies to stem ongoing lawyer attrition, Stacey Schwartz at Katten discusses how coaches can help attorneys achieve their goals.

• Perspectives

  How Civilian Attorneys Can Help Veterans

  

  With legal aid topping the U.S. Department of Veterans Affairs' annual list of unmet needs of veterans facing housing insecurity, nonmilitary volunteer attorneys can provide some of the most effective legal services to military and veteran clients, say Anna Richardson at Veterans Legal Services and Nicholas Hasenfus at Holland & Knight.

• 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.