Expert Analysis

• ITC Consent Orders Can Be Complicated In IP Cases

  

  Following a five-year high for U.S. International Trade Commission investigations terminated by consent order or settlement, it’s important for respondents and complainants in cases involving intellectual property right claims to understand the consequences that can arise when this method is used to end an inquiry, says Andrew Kasnevich at Hunton.

• Opinion

  Justices Must Apply Law Evenly In Shadow Docket Rulings

  

  In recent shadow docket decisions, the U.S. Supreme Court has inconsistently applied the requirement that parties demonstrate irreparable harm to obtain injunctive relief, which is problematic for two separate but related reasons, says David Hopkins at Benesch.

• Tips For Negotiating Litigation Funding Agreements

  

  Allen Fagin and Ralph Sutton at Validity Finance break down the key components of litigation funding term sheets — from return calculations to funder involvement — and explain what law firm leaders should keep in mind when negotiating these provisions.

• M&A Risk Management Considerations Amid War In Ukraine

  

  The business implications of the Russian invasion of Ukraine are growing, slowing down record M&A activity and underscoring the need to expand the scope of due diligence when evaluating investment targets, says Snežana Gebauer at StoneTurn.

• Russia Sanctions Usher In New Age Of Economic Warfare

  

  The unprecedented scale of new Russian sanctions and coordination between allies since Russia’s invasion of Ukraine are harbingers of increasingly weaponized regulations, trade realignment and geopolitical divisions, which may lead to greater uncertainty for multinational companies' compliance programs, says Michael Watt at Kroll.

• 5 Mediation Mistakes That Create Obstacles To Settlement

  

  Overly litigious behavior ranks high among common mistakes attorneys make during mediation, as do premature ultimatums, failure to account for compounding risks, and more, say Lynn O'Malley Taylor and Rachel Gupta at JAMS.

• Opinion

  The Problem With GOP Attack On Jackson Immigration Ruling

  

  Republican criticism of Judge Ketanji Brown Jackson's decision in Make the Road New York v. McAleenan, halting a Trump administration immigration policy, is problematic because the ruling actually furthered the separation of powers ideals that the GOP claims to support, says Thomas Berry at the Cato Institute.

• Opinion

  Ethics Principles Call For Justice Thomas Recusal On Election

  

  While the U.S. Supreme Court has provided limited guidance on when justices must recuse themselves, the rules and statutes governing judicial recusals make it clear that Justice Clarence Thomas should not rule on issues related to the Jan. 6 Capitol riot, considering his wife's involvement in efforts to overturn the 2020 election, says Hilary Gerzhoy at Harris Wiltshire.

• Emerging Economic Effects From Russia-Ukraine War

  

  While the full economic effects of Russia's invasion of Ukraine will only become clear with time, some of the geopolitical and financial consequences are already becoming apparent, such as a possible shift from the petrodollar, Russian debt default and investor asset recovery complications, say attorneys at King & Spalding.

• 5 Ways Law Firm Leaders Can Prioritize Strategic Thinking

  

  Consultant Patrick McKenna discusses how law firm leaders can make time for strategic projects to keep pace with the rate of change in the profession today, as 24/7 technology-abetted demands mean leaders are spending less time exploring new opportunities and more time solving problems.

• Applying US Contract Law Amid Ukraine-Related Sanctions

  

  U.S. companies should evaluate their current contractual relationships to identify any agreements affected by Ukraine-related sanctions, anticipating that counterparties may invoke these sanctions to excuse performance, via traditional common law defenses, say Peter Neger and Bryan Woll at Morgan Lewis.

• How Law Schools Can Navigate Toward Equity And Inclusion

  

  Law schools have a responsibility to do more than admit students from underrepresented populations — they must understand the challenges that minority law students face, learn why so few reach the highest levels of the legal profession, and introduce programs that help foster inclusion and reduce inequities, says Jennifer Rosato Perea at DePaul College of Law.

• Where Judge Jackson Stands On Key Civil Procedure Issues

  

  During Judge Ketanji Brown Jackson’s confirmation hearings this week, senators didn’t question her on the many procedural issues that frequently come before the U.S. Supreme Court, but a deep dive into her judicial record illuminates her stance on Article III standing, personal jurisdiction and more, says James Wagstaffe at Wagstaffe von Loewenfeldt Busch.

• What DOJ's Shifting Stance On IP Means For SEPs, Mergers

  

  Recent policy statements by U.S. Department of Justice Antitrust Division chief Jonathan Kanter, reversing the previous administration's course on intellectual property issues, raise questions for companies concerning remedies for standard-essential patents and the level of scrutiny for licensing deals in merger review, says Noah Brumfield at Allen & Overy.

• FinCEN Alerts On Sanctions Evasion Signal Shifting Approach

  

  The Financial Crimes Enforcement Network's recent warnings regarding potential evasion of sanctions against Russia and Belarus place new importance on FinCEN's customer due diligence and beneficial ownership rules, signal changes to the Bank Secrecy Act and create implicit supervisory expectations, say Constantine Lizas and Ross Hofherr at Harris Beach.