Expert Analysis

• AML Regulation Of Lawyers Is Imminent And Controversial

  

  The U.S. House of Representatives' recently passed National Defense Authorization Act subjects lawyers engaged in certain financial-related activities to anti-money laundering regulation under the Bank Secrecy Act, which could pit lawyers against clients in ways harmful to the rule of law and administration of justice, says Jeremy Glicksman at the Nassau County District Attorney’s Office in New York.

• Key Adaptations For Law Firms Amid Quiet Quitting Movement

  

  While quiet quitting may not be sustainable at law firms with billable hour requirements, there are specific steps law firms should take to maintain engagement and otherwise respond to the trend's underlying message that associates won't spend all their waking hours at work if they don't feel it's worthwhile, says Meredith Kahan at Whiteford Taylor.

• 2nd Circ. Shkreli Atty Ruling Guides On 401(k) Garnishment

  

  The Second Circuit’s recent holding that the government could garnish the 401(k) accounts of Martin Shkreli’s co-conspirator attorney shows that those facing criminal charges should prepare for the possibility that their retirement accounts may be subject to garnishment in order to satisfy restitution orders, say Brea Croteau and Edward Novak at Polsinelli.

• Creating A Hybrid Work Policy? Be Intentional And Inclusive

  

  The pandemic has changed expectations for the future of work forever, and as more employees demand hybrid working options, law firms must develop policies and models that are intentional, inclusive and iterative to lead the industry into the future, says Manar Morales at the Diversity & Flexibility Alliance.

• A Law Firm's Guide To Humane Layoffs As Recession Looms

  

  Amid warnings of a global recession, law firms should prepare for the possibility of associate layoffs, aiming for an empathetic approach and avoiding common mistakes that make the emotional impact on departing attorneys worse, say Jarrett Green, a wellness consultant, and Kate Reder Sheikh at Major Lindsey & Africa.

• What AML Bill Could Mean For Firms, Funds And FinCEN

  

  If passed, an amendment within Congress’ annual defense bill would expand the list of institutions subject to anti-money laundering regulations, from law firms to investment funds, creating potential rulemaking and enforcement challenges for the Financial Crimes Enforcement Network, say attorneys at Arnold & Porter.

• Learning From Trump And Bannon Discovery Strategies

  

  Court-imposed sanctions on both former President Donald Trump and his former aide Steve Bannon for failing to comply with subpoenas illustrate that efforts to bar the door to valid discovery can quickly escalate, so litigants faced with challenging discovery disputes should adopt a pragmatic approach, say Mathea Bulander and Monica McCarroll at Redgrave.

• Potential Benefits Of Adding Attorney Fee-Shifting At The ITC

  

  If Congress authorized the U.S. International Trade Commission to award attorney fees to the prevailing party in exceptional cases, it could improve notoriously expensive ITC proceedings and might deter entities from filing or maintaining meritless cases, say attorneys at Ropes & Gray.

• The Risks In Lateral Hiring, And How To Avoid Them

  

  As law firms increasingly recruit laterals, they must account for ethics rules and other due diligence issues that can turn an inadvisable or careless hire into a nightmare of lost opportunity or disqualification, says Mark Hinderks at Stinson.

• Judges Who Use Social Media Must Know Their Ethical Limits

  

  While the judiciary is permitted to use electronic social media, judges and judicial candidates should protect themselves from accusations of ethics violations by studying the growing body of ethics opinions and disciplinary cases centering on who judges connect with and how they behave online, says Justice Daniel Crothers at the North Dakota Supreme Court.

• Rebuttal

  ABA Is Defending Profession's Values From Monied Influences

  

  A recent Law360 guest article suggested that the American Bar Association ignored new opportunities for the legal industry by opposing nonlawyer ownership of law practices, but any advantages would be outweighed by the constraints nonlawyer owners could place on the independence that lawyers require to act in the best interest of their clients, says Stephen Younger at Foley Hoag.

• 4th Circ. Underlines Immigration Judges' Standard Of Conduct

  

  The Fourth Circuit's recent decision in Acevedo v. Garland that an immigration judge’s bad behavior is central when considering a request for a new hearing critically recognizes that the judge’s behavior determines whether a respondent can meaningfully participate in their proceeding, says Monica Mananzan at the CAIR Coalition.

• How In-House Counsel Can Better Manage Litigation Exposure

  

  In anticipation of economic downturn and increased litigation volume, the true struggle for an in-house team is allocating their very limited and valuable attentional resources, but the solution is building systems that focus attention where it can be most effective in delivering better outcomes, say Jaron Luttich and Sean Kennedy at Element Standard.

• Practical E-Discovery Lessons From The Alex Jones Case

  

  The accidental disclosure of mobile phone data during the Alex Jones defamation damages trial underlines the importance of having in place a repeatable e-discovery process that includes specific steps to prevent production of data that may be privileged, sensitive or damaging to the case, say Mike Gaudet and Richard Chung at J.S. Held.

• Opinion

  Mar-A-Lago And The Inherent Problems With DOJ Filter Teams

  

  A Florida federal court's decision to appoint a special master to screen the documents seized from former President Donald Trump's Mar-a-Lago estate for privilege is not an outcome normally seen in white collar practice, but it is a welcome change as there are three significant problems with government filter teams, say Jack Sharman and Mary Parrish McCracken at Lightfoot Franklin.