Expert Analysis

• 5 Questions That Can Help Law Firms Win RFPs

  

  As the volume of matter-specific requests for proposals continues to increase in the legal market, law firms can take some new steps to fine-tune their RFP response-drafting process and strategy, says Matthew Prinn at RFP Advisory Group.

• How Law Firms Can Employ More Veterans

  

  Hiring attorneys who are veterans is often overlooked in law firm diversity, equity and inclusion plans, even though it generates substantial benefits, but partnering with like-minded organizations and having a robust and active veterans group will go a long way in boosting a firm's ability to recruit and retain veterans, say Daniel Sylvester and Nicholas Hasenfus at Holland & Knight.

• Associates, Look Beyond Money In Assessing Lateral Offers

  

  In the face of high demand for corporate legal work and persistent staffing constraints, many law firms continue to offer sizable signing bonuses to new associates, but lateral candidates should remember that money is just one component of what should be a much broader assessment, says Stephanie Ruiter at Lateral Link.

• Opinion

  ITC Must Enforce Standard-Essential Patents At The Border

  

  The war in Ukraine and supply chain issues have amplified the importance of U.S. leadership in global standard-setting organizations, and U.S. International Trade Commission enforcement under the Tariff Act of standard-essential patents would create clear incentives for U.S. industry to lead standard setting, say Michael Renaud and Jonathan Engler at Mintz.

• Preventing Impermissible Client Solicitation After ABA Opinion

  

  Following the American Bar Association's recent opinion on the limitations on client solicitation, attorneys at Harris Wiltshire examine the principal rules that govern a lawyer's ethical duties with respect to solicitation, explain how those rules vary by jurisdiction, and provide some practical tips for ensuring compliance.

• Lessons On Avoiding E-Discovery Violations And Sanctions

  

  Michael Fox and David Cohen at Reed Smith discuss how counsel can assist their clients in meeting preservation obligations for electronically stored information in light of recent federal rulings on spoliation sanctions motions for possible violations of this duty.

• Collaborative Tech Will Dictate Future Law Firm Success

  

  Law firms need to shift their focus from solving the needs of their lawyers with siloed solutions to implementing collaboration technology, thereby enabling more seamless workflows and team experiences amid widespread embrace of hybrid and remote work models, says Kate Jasaitis at HBR Consulting.

• When Is A Sale Considered 'Within The US' Under Patent Act?

  

  The seemingly basic question of when a sale is considered "within the United States" under the U.S. Patent Act has led to much confusion and little predictability, and for foreign supply companies selling directly to U.S. buyers, or selling into U.S. companies' international supply chains, the issue's importance is pronounced, says Georg Reitboeck at Haug Partners.

• How To Effectively Prepare A Witness For Remote Testimony

  

  Many of the lessons taught in an introductory theater performance class can provide foundational guidelines for virtual witness preparation, including the importance of props, proper lighting and wardrobe decisions, and of acknowledging that the star of your show is not a Zoom expert, say Hailey Drescher at Trask Consulting and Michael Thomas at Foley & Lardner.

• Writing Contracts That Address Subsequent Russia Sanctions

  

  Past litigation illustrates how escalating sanctions against Russia amid the war in Ukraine make it prudent for affected contracting parties to negotiate force majeure provisions that directly address participants' respective rights and obligations in the event of subsequent actions, say John McIntyre and Cara Brack at Porter Wright.

• As Cyber Risks Surge, Remember Attorneys' Ethical Duties

  

  The prevalence of remote work and a greater threat of Russian cyberattacks should serve as a stark reminder of a lawyer's professional obligations to guard against unauthorized disclosure of client information and to protect client interests in the event of a cyberattack, says Alvin Mathews at Ulmer & Berne.

• Rethinking E-Discovery Readiness Amid Rise Of Collab Tools

  

  Online collaboration platforms and instant messaging tools are quickly becoming the primary mode of internal business communications, leading to disputes around discoverability of data on these platforms and underscoring the need for new preservation processes to ensure compliance with discovery obligations, say Jay Carle and Ryan Tilot at Seyfarth.

• Peppa Pig Ruling A Cautionary Tale On Sanctions And IP

  

  A Russian court's recent ruling that the "Peppa Pig" and "Daddy Pig" trademarks belonging to a U.K. unit of Hasbro can be used without payment or permission has broad implications for intellectual property protections in sanctioned countries, say Nora Titus and Philip Albert at Haynes and Boone.

• Series

  Embracing ESG: Uber Counsel Talks Safety Standards

  

  Katie Waitzman at Uber discusses how in-house counsel can use environmental, social and corporate governance principles to bridge risk and innovation, as exemplified by the company’s recent women’s safety initiatives.

• Opinion

  Prospectively Appointing Jackson To High Court Is Unlawful

  

  President Joe Biden should rescind his prospective appointment of Judge Ketanji Brown Jackson to the U.S. Supreme Court as the decision contradicts the court's reasoning in Marbury v. Madison, raises gravely troubling issues regarding presidential discretion and brings a serious question about her legitimacy as a justice, says attorney John Reeves.