Expert Analysis

• Attorneys Should Note Judges' Financial Conflicts Of Interest

  

  The Federal Circuit's recent ruling vacating a $2.75 billion judgment in Centripetal Networks v. Cisco should be a wake-up call for lawyers that they and their clients could pay a heavy price if a judge with financial ties to a litigant fails to take appropriate action, says Deborah Winokur at Cozen O'Connor.

• A Law Firm's Guide To Avoiding Client Conflicts

  

  With the pace of law firm mergers accelerating, Mark Hinderks at Stinson reviews the conflict of interest rules that may derail a deal or cause a firm to lose a new or existing client, and how courts have filled in perceived gaps in the rules.

• Understanding DC Circ.'s Agency Rule Withdrawal Debate

  

  The D.C. Circuit's recent ruling that an agency must provide notice and an opportunity for comment when withdrawing a rule that has been filed for public inspection but not yet published in the Federal Register features a vigorous debate on the "point of no return" issue that has significant practical consequences whenever there is a change in administration, says Steven Gordon at Holland & Knight.

• Considerations For Associates As Lateral Hiring Cools Down

  

  Law firms are offering fewer signing bonuses and moving back to slower, more deliberate interview processes — a cue for associates to follow suit and consider the long-term advantages of a move instead of short-term financial gain, says Leeron Molloy at VOYlegal.

• Justices' EPA Ruling Didn't Move Needle On Chevron Doctrine

  

  Though some suggest the U.S. Supreme Court’s recent decision in West Virginia v. U.S. Environmental Protection Agency marked the end of a doctrine requiring judicial deference to federal regulators, the ruling merely articulated well-developed precedent on the limits of agency authority, say Dan Wolff and Eryn Howington at Crowell & Moring.

• Ethics Lessons From The Alex Jones Discovery Debacle

  

  The botched production of a cache of texts and emails prior to Alex Jones' defamation trial, and a failure to take corrective actions, should remind attorneys of the potential pitfalls of discovery, their professional responsibilities throughout the process, and the possibility of severe sanctions, say attorneys at Harris Wiltshire.

• Combating Implicit Bias In Alternative Dispute Resolution

  

  Alternative dispute resolution requires a high degree of trust and belief that proceedings will be fair, so confronting implicit associations among neutrals through systemic and personal efforts is even more important in the ADR world, say arbitrators and mediators at JAMS.

• How The Metaverse Will Affect Business And Legal Processes

  

  It is time to start thinking about virtual reality's effects on cybersecurity, business dealings, case strategy and more, as the metaverse takes shape and organizations open banks, host law firm offices and create retail strategies digitally, says Samantha Green at Epiq. 

• Navigating Arbitral Subpoenas In A Post-COVID Landscape

  

  Courts’ mixed enforcement during the pandemic of physical presence and territorial requirements for arbitral subpoenas shows that the rules were not built for a virtual world, making it critical for lawyers to understand the possible limitations on third-party evidence, say Emily Kirsch and Craig Tarasoff at Kirsch & Niehaus.

• How Lawyers Can Set Ethical Boundaries Post-Pandemic

  

  The COVID-19 pandemic and remote work have made it harder for lawyers to leave their problems at the office, so legal professionals must establish and adhere to ethical boundaries in order to combat increasing levels of stress and burnout, says Jennifer Gibbs at Zelle.

• A Lawyer's Guide To Collecting Fees From Nonpaying Clients

  

  You've done the work and sent the bill, but haven't been paid. What do you do? Joshua Wurtzel at Schlam Stone offers recommendations on how lawyers — from solo practitioners to BigLaw partners — can avoid leaving significant receivables on the table from clients who have the ability to pay.

• How Lawyers Can Benefit From TikTok Without Being 'Cringe'

  

  TikTok should be on every attorney's radar as a digital branding opportunity, but it's important to understand the app and some best practices before diving in, says Cecillia Xie at Yale University.

• Must Your Client Pay An Opponent's Expert For Prep Time?

  

  For parties seeking discovery from an opponent's expert, the law on compensating the expert for preparation time is not settled, and in certain jurisdictions, there are strong arguments that favor avoiding or at least limiting such fee shifting, say Gregory Ruehlmann and Nicholas Mecsas-Faxon at King & Spalding.

• Balancing State, Investor Interests In The Energy Transition

  

  While governments around the world are increasingly taking action to encourage the shift from fossil fuels to renewable energy, they must also respect the rights of companies and investors affected by the transition — and recent investor-state disputes in this area provide valuable lessons for what lies ahead, says Sven Volkmer at White & Case.

• 2nd Circ. Ruling Offers Clarity For Annulled Arbitral Awards

  

  A recent Second Circuit ruling not to enforce an annulled arbitral award against two units of oil companies in Nigeria elucidates the legal standard for whether to enforce such awards in the primary jurisdiction, cementing the return to a more deferential standard for enforcement, say attorneys at Cleary.