Business of Law

Opinion

Credibility Concerns About Virtual Arbitration Are Unfounded

Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

Q&A

Coping With A Pandemic: Trial Lawyer Mark Beck

As society continues to adapt to COVID-19, Law360 is sharing reactions from around the business and legal community. Today's perspective comes from Pasadena-based Mark E. Beck, founder of Beck Law PC specializing in white collar criminal defense and investigations.

A Lawyer's Guide To Client Service Continuity Planning

Ensuring uninterrupted client service and compliance with ethical obligations in a time when attorneys are more likely to fall ill means taking six basic — yet often ignored — steps to build some redundancy and internal communication into legal practice, say attorneys at Axinn.

Virtual Meetings Could Be Fertile Ground For Legal Discovery

Many remote meeting technologies include recording features as default settings, raising three primary concerns from a legal discovery and data retention perspective, and possibly bringing unintended consequences for companies in future litigation, says Courtney Murphy at Clark Hill.

Opinion

It's Time To Fix New York's Notary Problem

Eliminating New York's notarized affidavit requirement for court submissions, or at least allowing remote notarization, would reduce the time and expense associated with securing a notary and minimize stress for lawyers and their clients, say Russell Yankwitt and Dina Hamerman at Yankwitt.

Contingent Fees A Great Option For Cos. During Downturn

In-house counsel may assume that "elite" law firms will turn up their noses at the idea of contingent fees, but such arrangements, whether pure or hybrid, are offered by many firms — even to defendants — and may be the answer to tight litigation budgets, say attorneys at Fish & Richardson.

Opinion

Flynn Judge Should Not Change Role Of Amicus Curiae

As an appellate attorney who has authored numerous amicus briefs, I am deeply concerned about some fast-moving developments in the case of former Trump national security adviser Michael Flynn, where a D.C. federal judge is transforming amici curiae into 11th-hour prosecutorial intermeddlers, says Lawrence Ebner at Capital Appellate.

The Role Of Remote Mediation After The Crisis Is Over

When the dark cloud of COVID-19 has passed and resolution centers are once again peopled with warring parties and aspiring peacemakers, remote mediations will likely still be common, but they are not going to be a panacea for all that ails the dispute resolution industry, says Mitch Orpett at Tribler Orpett.

7 Steps To Romancing The Virtual Classroom

Excerpt from Lexis Practice Advisor

For professors, trainers, lawyers, students and businesses grappling with the unexpected challenges of distance learning, trial attorney and teacher James Wagstaffe offers best practices for real-time online instruction.

Key Return-To-Work Considerations For Law Firms

There may be precious little notice before the legal community ramps up, so it's important to have return-to-work plans that address the unique challenges law firms will face in bringing employees back to offices, say attorneys Daniel Gerber, Barbara O'Connell and Richard Tucker.

Q&A

Coping With A Pandemic: Pillsbury's Amanda Halter

As society continues to adapt to COVID-19, Law360 is sharing reactions from around the business and legal community. Today's perspective comes from Amanda Halter, managing partner of Pillsbury's Houston office and a member of the firm's environmental and natural resources practice.

A Creative Solution For Teaching Local Practice In Law School

To help prepare my students to navigate local practice, I wrote a set of rules for the classroom that mimics those they might encounter from a local judge or court, says Michael Zuckerman at Northwestern Pritzker School of Law.

With Friends Like These: The Amicus Questions In Flynn Case

A D.C. federal judge's recent appointment of amicus curiae to address whether the Michael Flynn case can proceed is reminiscent of the judicial overreach that the U.S. Supreme Court criticized and reversed this month in U.S. v. Sineneng-Smith, says Lawrence Ebner at Capital Appellate Advocacy.

Making Law Firm Panels Work For The Cost-Conscious GC

General counsel may be tempted to resort to matter-level requests for proposals in the wake of the COVID-19 economic crisis, but alternatively, a singular, global RFP process — to select a panel of law firms for all legal needs — can reduce legal spend while fostering long-term relationships, say Vivek Hatti, formerly at Avis Budget Group, and Jaron Luttich at Element Standard.

Pandemic Presents Teamwork Test For Law Firms

To ensure smooth operations during these uncertain times, all members of the law firm team — leaders and partners, diversity and talent professionals, associates and other staff members — need to commit to their unique roles and intensify support for colleagues, says Manar Morales, president and CEO at the Diversity & Flexibility Alliance.