Business of Law

Expert Analysis

• Cybersecurity Steps For Law Firms Amid Heightened Risks

  

  With large swaths of the population indoors and primarily online, cybercriminals will be able to exploit law firms more easily now than ever before, but some basic precautions can help, says Joel Wallenstrom at Wickr.

• Opinion

  It's Time For Law Firms To Support Work-From-Home Culture

  

  Now that law firms are on board with fully remote work environments, they must develop policies that match in-office culture and align partner and associate expectations, says Summer Eberhard at Major Lindsey.

• Opinion

  Republicans Keep Confirming Unqualified Judicial Nominees

  

  What emerges from the group of 200 federal judges confirmed by the Senate under President Donald Trump is a judiciary stacked with young conservative ideologues, many of whom lack basic judicial qualifications, says Sen. Dianne Feinstein, D-Calif., ranking member of the Senate Judiciary Committee.

• Tips For Crafting The Perfect Law Firm Alert

  

  As lawyers have had more time to write in recent weeks, the number of law firm alerts has increased massively, but a lot of them fail to capture readers and deliver new business, says Richard Torrenzano at The Torrenzano Group.

• Series

  Judging A Book: Elrod Reviews 'Shortlisted'

  

  Renee Knake Jefferson and Hannah Brenner Johnson's new book, "Shortlisted: Women in the Shadows of the Supreme Court," is a service to an overlooked group of nine women who were considered for the U.S. Supreme Court before Justice Sandra Day O'Connor was confirmed, and offers constructive tips for women looking to break through the glass ceiling, says Fifth Circuit Judge Jennifer Elrod.

• Mandatory State Bars Likely To Remain Intact, For Now

  

  A Texas federal judge’s recent holding in McDonald v. Sorrels that mandatory bar memberships do not violate members' constitutional rights indicates that such requirements survive the U.S. Supreme Court's 2018 decision in Janus, but it may mean that the Supreme Court will address the issue in the not-too-distant future, say Majed Nachawati and Misty Farris at Fears Nachawati.

• The Law Behind The Strange Departure Of US Atty Berman

  

  In the wake of this weekend's confusing, contradicting statements regarding the removal of Geoffrey Berman as U.S. attorney for the Southern District of New York, it is useful to ask what law governs here, why the standoff with Attorney General William Barr ended the way it did, and what history teaches us about these circumstances, says Daniel Levy at McKool Smith.

• 11 Keys To Success At Remote Mediation

  

  Attorneys should accept that remote mediation may be their only current option for resolving a dispute and take steps to obtain a fantastic outcome for their clients, including making sure the right people attend the remote mediation and beginning the session with an apology, says Eric Meyer at FisherBroyles.

• Pandemic Could Bring Student Exodus From Legal Profession

  

  A recent survey shows that law and prelaw students have serious concerns about the quality and value of remotely provided legal education, and rapid action from the legal community is necessary to prevent promising young people from leaving in favor of other professions, says Mehran Ebadolahi at TestMax.

• The Privilege Implications Of Using Online Collaboration Tools

  

  While few courts have addressed the attorney-client privilege or work-product doctrine in the context of online collaboration tools, existing case law supports five best practices as organizations increasingly use these tools in the COVID-19 era, say Christopher Campbell and Marcus Sandifer at DLA Piper.

• Confronting Mental Distress In The Legal Profession

  

  Even before the pandemic, troubling data about mental distress among lawyers pointed to a profession in crisis, but addressing the challenge requires a better understanding of the causes, says Jonathan Prokup at Cigna Corp.

• Opinion

  Litigation Finance Investments Are Not Risk-Free Loans

  

  The Ninth Circuit's certification order last week in Fast Trak v. Sax presents an important opportunity for the New York high court to affirm the consensus among courts — litigation finance transactions are not loans subject to usury laws, say Wendie Childress and William Marra at Validity Finance.

• Opinion

  How White Privilege Helped Me Succeed In BigLaw

  

  The white, male power structure has eased the path for lawyers like me for far too long, and we should now be responsible for dismantling this systemic bias within the legal industry, says Scott McLaughlin at Eversheds Sutherland.

• Keys To A Thriving Biz Development Culture At Your Law Firm

  

  As law firms continue to experience the economic impact of the COVID-19 crisis, it is more important than ever that they reduce reliance on just a few rainmakers and foster a culture that makes business development a way of life for everyone — from junior associates to senior partners, says Elise Holtzman at The Lawyer's Edge.

• How Video Mediation Can Help Us Serve Clients Better

  

  Mediation in recent years has largely devolved into a kind of arbitration without due process — where a mediator reads briefs, decides where the case should settle, and drives parties toward that single-minded result — but online mediation can be steered in a different direction, says mediator Jeff Kichaven.