Expert Analysis

• Climate Change Clarifications To Expect From World Court

  

  The upcoming International Court of Justice advisory opinion on climate change could help frame states' obligations and shape businesses' climate strategies, and the proceedings provide stakeholders with the opportunity to present their views on environmental responsibilities, say attorneys at Covington.

• Data-Driven Insights Are Key To Attracting Today's Clients

  

  As law firm growth slows and competition for clients increases, modern firms must rely on robust data analytics to develop the sector-based expertise and industry insights that clients increasingly prioritize in relationships with counsel, says Lavinia Calvert at Intapp.

• Ghosting In BigLaw: Why Better Feedback Habits Are Needed

  

  Not giving assignments or constructive criticism to junior associates can significantly affect their performance and hours, potentially leading them to leave the firm, but partners can prevent this by asking the right questions and creating a culture of feedback, says Rachel Patterson at Orrick.

• What Could Be On The Horizon For FARA Reform

  

  The U.S. Department of Justice is set to issue new Foreign Agents Registration Act rules in the coming months, and based on public comments, recent advisory opinions and congressional reform proposals, clarification of the statute’s scope, definitions and exemptions may be coming, says Tessa Capeloto at Wiley.

• Rebuttal

  Law Needs A Balance Between Humanism And Formalism

  

  A recent Law360 guest article rightly questions the pretextual pseudo-originalism that permits ideology to masquerade as judicial philosophy, but the cure would kill the patient because directness, simplicity and humanness are achievable without renouncing form or sacrificing stare decisis, says Vanessa Kubota at the Arizona Court of Appeals.

• Short Message Data Challenges In E-Discovery

  

  As short message platforms increasingly dominate work environments, lawyers face multiple programs, different communication styles and emoji in e-discovery, so they must consider new strategies to adapt their processes, says Cristin Traylor at Relativity.

• UK Ruling Offers Useful Guidance To Insolvency Practitioners

  

  The recent U.K. High Court ruling in a matter involving Sova Capital represents the first unsecured credit bid to be approved by an English court, demonstrating a pragmatic approach to complex sanctions-related administrations and identifying a novel solution for insolvency practitioners to maximize value for the benefit of creditors, say attorneys at Katten.

• Ambiguity In 'Buy America' Implementation May Slow Projects

  

  The White House Office of Management and Budget's most recent guidance, which builds on a complex patchwork of Buy America restrictions that vary by federal agency, would perpetuate government contractors' uncertainty regarding product and material classification and could delay infrastructure projects, say attorneys at Miles & Stockbridge.

• Opinion

  Thomas Report Is Final Straw — High Court Needs Ethics Code

  

  As a recent report on Justice Clarence Thomas' ongoing conflicts of interest makes evident, Supreme Court justices should be subject to an enforceable and binding code of ethics — like all other federal judges — to maintain the credibility of the institution, says Erica Salmon Byrne at Ethisphere.

• Halkbank Ruling May Mean More Foreign-State Prosecutions

  

  The U.S. Supreme Court's recent ruling in Halkbank v. U.S. that the Foreign Sovereign Immunities Act does not apply to criminal cases involving foreign states and state-owned entities increases the risk of such prosecutions and significantly affects how these entities comport themselves in the U.S., say attorneys at Foley Hoag.

• Joint Representation Ethics Lessons From Ga. Electors Case

  

  The Fulton County district attorney's recent motion to disqualify an attorney from representing her elector clients, claiming a nonconsentable conflict of interest, raises key questions about representing multiple clients related to the same conduct and highlights potential pitfalls, say Hilary Gerzhoy and Grace Wynn at HWG.

• Lawyer Discernment Is Critical In The World Of AI

  

  In light of growing practical concerns about risks and challenges posed by artificial intelligence, lawyers' experience with the skill of discernment will position them to help address new ethical and moral dilemmas and ensure that AI is developed and deployed in a way that benefits society as a whole, says Jennifer Gibbs at Zelle.

• US Cos. Should Prep For EU Green Claims Compliance

  

  U.S. manufacturers should get ready now for the European Commission's recently proposed Green Claims Directive, which would require companies — and, potentially, foreign suppliers of parts and materials used in consumer goods— to substantiate any claims about the environmental merits of products sold in the European Union, say Maram Salaheldin and Kevin Kent at Clark Hill.

• Recent BIS Moves Signal Export Control's New Era

  

  Back-to-back developments at the Bureau of Industry and Security — including guidance on enhanced penalties for failure to voluntarily disclose export control violations, and a $300 million enforcement action against Seagate — suggest the consequences of noncompliance have never been higher, say attorneys at Ropes & Gray.

• Don't Forget Alumni Engagement When Merging Law Firms

  

  Neglecting law firm alumni programs after a merger can sever the deep connections attorneys have with their former firms, but by combining good data management and creating new opportunities to reconnect, firms can make every member in their expanded network of colleagues feel valued, say Clare Roath and Erin Warner at Troutman Pepper.