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.

• 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.

• New Indictments Reflect DOJ's All-Tools Approach To China

  

  The U.S. Department of Justice’s recently announced charges against 13 individuals allegedly working on behalf of the Chinese government reflect a refinement of law enforcement’s role in countering national security threats, and an aggressive effort to disrupt China's long-standing practice of conducting intelligence operations on U.S. soil, says David Aaron at Perkins Coie.

• 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.

• Foreign Discovery Tips After Justices Tapered Statute's Scope

  

  While U.S.-style discovery in foreign arbitration remains foreclosed in the wake of the U.S. Supreme Court's recent ZF Automotive v. Luxshare decision, proceedings involving foreign governments may still qualify in international tribunals, and firms with U.S. interests should be wary of agreeing to provisions that could expose them to one-sided U.S. discovery, say Joseph Myles and Lionel Lavenue at Finnegan.

• UAE's UK Reciprocity Order Is Good Start, Not Rubber Stamp

  

  While a recent United Arab Emirates directive instructing Dubai courts to accept certain English court judgments is a step toward UAE-U.K. enforcement reciprocity, foreign orders and awards must still satisfy additional criteria in UAE onshore courts before being eligible for enforcement, say Rebecca Kelly and David Waldron at Morgan Lewis.

• 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.

• 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.

• UK Arbitration Review Makes Sensible Case For Status Quo

  

  The U.K. Law Commission's recent consultation paper recommends only minor updates to key areas of the Arbitration Act 1996, showing the commission's clear preference to hold to the established standards under which London became one of the most popular seats of international arbitration, say Ruth Byrne and Elysia-Elena Stellakis at King & Spalding.