Native American

Expert Analysis

• #MeToo At Law Firms And What We Can Do About It

  

  While some may say it’s ironic, it’s also embarrassing and enraging that the very industry that offers anti-harassment training, policies and counsel now finds itself the subject of #MeToo headlines. The American Bar Association recommendation that will bring about the greatest change is the call to provide alternative methods for reporting violations, says Beth Schroeder, chair of Raines Feldman LLP's labor and employment group.

• Knowledge Lawyers Can Help Firms Stay Ahead Of The Curve

  

  In a profession notoriously averse to change, it should come as no surprise that there is skepticism about the value of having attorneys perform nonbillable tasks. But U.S. law firms have slowly begun to incorporate knowledge lawyers into their operations — and the trend is likely to continue, says Vanessa Pinto Villa of Hogan Lovells.

• Wash. Tribes' High Court Win Raises Treaty Rights Concerns

  

  Last week, the U.S. Supreme Court affirmed a major win for Washington tribes in Washington v. United States. However, the nature of the Supreme Court's affirmation — a 4-4 split without a written decision — means that its precedential value is questionable, says Lee Redeye of Lippes Mathias Wexler Friedman LLP.

• An Unprecedented Look Inside The FARA Unit

  

  For close observers of the Foreign Agents Registration Act, the June 8 release by the U.S. Department of Justice of over 50 FARA advisory opinions was a watershed. These opinions offer an unprecedented glimpse into how the FARA Registration Unit interprets the law, say Brian Fleming and Andrew Herman of Miller & Chevalier Chtd.

• Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 2

  

  The legal industry has already begun to feel the impact of anti-bribery and anti-money laundering requirements. When involved with cryptocurrency trading and remittance, law firms face more than the risk of being perceived as organizations that support money laundering practices, says John Reed Stark of John Reed Stark Consulting LLC.

• High Court Passes On New Chance To Clarify CWA Confusion

  

  With its recent decision in Hughes v. United States, the U.S. Supreme Court has passed on an opportunity to shed light on its prior rulings on the statutory reach of the federal Clean Water Act, long a source of confusion for lower courts and litigants alike, say Andrea Driggs and Christopher Thomas of Perkins Coie LLP.

• Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 1

  

  Law firms are increasingly accepting cryptocurrency as payment for services. While this might seem innovative and forward-thinking, ironically it is much more of a throwback, says John Reed Stark of John Reed Stark Consulting LLC.

• Impediments To Legal Industry's 'Inevitable' Future: Part 2

  

  I agree with the legal pundits speculating that NewLaw’s present and future disruptors will radically change the legal services industry, but that change may not come quite as rapidly as predicted. Regardless, now is the time for both the incumbents and the challengers to best position themselves for the eventual shakeup, says Craig Levinson, founder of Levity Partners.

• Opinion

  Exempt Indian Country From The 'Kiddie Tax'

  

  Congress should move to exclude the transfer of tribal funds to young tribal members from being taxed under the "Kiddie tax," a tax instated in 1986 and amplified by the Tax Cuts and Jobs Act, say attorneys at Holland & Knight LLP.

• Impediments To Legal Industry's 'Inevitable' Future: Part 1

  

  Legal pundits continue to make predictions that newer entrants into the industry — NewLaw firms, the Big Four and alternative legal service providers — will progressively seize greater amounts of market share from traditional law firms. But the BigLaw response has been underwhelming at best, and a glimpse at the market forces puts its lack of urgency into perspective, says Craig Levinson, founder of Levity Partners.