Expert Analysis

• The Supreme Court Is At War With Itself On Extraterritoriality

  

  The U.S. Supreme Court recently issued two conflicting pronouncements about the presumption against extraterritoriality without acknowledging the tensions between these decisions, which leaves lower courts, practitioners and potential defendants in the dark, says Jonah Knobler at Patterson Belknap.

• Level Up Lawyers' Business Development With Gamification

  

  With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.

• Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled

  

  In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.

• 5 Ways Firms Can Rethink Office Design In A Hybrid World

  

  As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.

• Opinion

  Bar Score Is Best Hiring Metric Post-Affirmative Action

  

  After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.

• Ghosting In BigLaw: How To Come Back From Lack Of Feedback

  

  Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.

• Steps To Success For Senior Associates

  Excerpt from Practical Guidance

  

  Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.

• Cannabis Seed Importation Carries CBP Enforcement Risks

  

  Though cannabis seed importation may be arguably legal, potential importers — such the recent MMJ-Global Cannabis partnership to bring cannabis THC products into the U.S. — risk action from U.S. Customs and Border Protection until the agency issues an official ruling on cannabis seed admissibility, say Adams Lee and Vince Sliwoski at Harris Bricken.

• FARA Advisory Opinions Raise Questions For Digital Media

  

  The U.S. Department of Justice's latest advisory opinions on the Foreign Agents Registration Act indicate that the broad geographic reach of the internet and digital media could bring a wide variety of activities within the scope of FARA, but lawyers are left to try to discern nuggets of guidance from these heavily redacted letters, say attorneys at Covington.

• Legal Profession Must Do More For Lawyers With Disabilities

  

  At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.

• Opinion

  Appellate Funding Disclosure: No Mandate Is Right Choice

  

  The Advisory Committee on Appellate Rules' recent decision, forgoing a mandatory disclosure rule for litigation funding in federal appeals, is prudent, as third-party funding is only involved in a minuscule number of federal cases, and courts have ample authority to obtain funding information if necessary, says Stewart Ackerly at Statera Capital.

• Halkbank Ruling Gives Gov't Leverage But Erodes Comity

  

  The U.S. Supreme Court’s recent decision in Halkbank v. U.S., denying the Turkish state-owned bank immunity from prosecution, erodes the historic principle of comity in favor of imposing domestic law on foreign states, and could potentially usher in an era of mutually assured litigation between world powers, say Solomon Shinerock and Annika Conrad at Lewis Baach.

• Preparing For FDA's Surprise Foreign Drug Inspection Regime

  

  Foreign drug manufacturers face an increased likelihood of unannounced inspections under a recently expanded U.S. Food and Drug Administration pilot program, so they should take several steps to prepare — or face the risk of an import alert blocking their product from the U.S. market, say attorneys at Ropes & Gray.

• Justices' Corruption Ruling May Shift DOJ Bank Fraud Tactics

  

  After the U.S. Supreme Court’s decision last month in Ciminelli v. U.S., curtailing a government theory of wire fraud liability, prosecutors may need to reconsider their approach to the bank fraud statute, particularly when it comes to foreign bank enforcement, says Brian Kearney at Ballard Spahr.

• Tips For Obtaining Removal From OFAC's Sanctions List

  

  To obtain interim relief or removal from the Office of Foreign Assets Control's specially designated nationals list, sanctioned individuals or entities must determine why they were designated and seek relief from OFAC, while demonstrating transparency and a willingness to remediate conduct, says Robert Seiden at Seiden Law.