Expert Analysis

• Series

  My Favorite Law Prof: How I Learned Education Never Ends

  

  D.C. Circuit Judge David Tatel reflects on what made Bernard Meltzer a brilliant teacher and one of his favorite professors at the University of Chicago Law School, and how Meltzer’s teachings extended well past graduation and guided Judge Tatel through some complicated opinions.

• Opinion

  New-Parent Attorneys Need Automatic Litigation Stays

  

  To facilitate parental leave for solo practitioners and small-firm attorneys excluded from the Family and Medical Leave Act's protections, the American Bar Association should amend its rules to implement automatic litigation stays for attorneys welcoming a new child, says attorney Gabriel Levy.

• Associate Skills That Impress Firms In A Cooling Job Market

  

  With the lateral hiring market calming down and law firms no longer overlooking resume deficiencies when evaluating candidates, associates at all levels should be cognizant of the skills and attributes that make them marketable to prospective employers, says J.B. Pullias at VOYlegal.

• High Court Could Resolve Thorny Atty-Client Privilege Issue

  

  The U.S. Supreme Court recently granted review in a federal grand jury proceeding that presents a rare opportunity to clarify — and possibly significantly expand — the scope of the attorney-client privilege for complex mixed-purpose communications with counsel, says David Greenwald at Jenner & Block.

• Internet Gaming Biz Hit The Jackpot With Wire Act Ruling

  

  A Rhode Island federal court's order in IGT v. Garland last month — siding with the First Circuit's interpretation of the Wire Act and confirming it applies only to sports betting — opens up opportunities for interstate online gaming and gambling, which will entail harmonized regulation and taxation regimes, say attorneys at Blank Rome.

• Minn.'s New Common Interest Doctrine: A Primer

  

  In its recent ruling in Energy Policy Advocates v. Ellison, the Minnesota Supreme Court adopted the common interest doctrine, extending confidentiality to communications between an attorney and client that include a third party — but successful use of the doctrine will require care, preparation and attention to detail, says George Singer at Ballard Spahr.

• Refining Info Governance As E-Discovery Gets More Complex

  

  Courts are increasingly requiring litigants to produce chats and other conversations recorded on business collaboration platforms as evidence, so companies should develop strategies for preserving and organizing such data to timely comply with e-discovery requests and to protect sensitive information, say attorneys at Akerman.

• Permitting Reform: Electric Transmission Implications

  

  While Sen. Joe Manchin recently withdrew his energy infrastructure permitting reform proposal, it is likely that it will remain high on the congressional agenda — especially given its potential to transform authorizations and reviews for electric transmission projects, say attorneys at Steptoe & Johnson.

• Risk Mitigation In Face Of Rising Legal Malpractice Claims

  

  As the recent rise in frequency and cost of legal malpractice claims is expected to continue amid global high inflation and economic uncertainty, law firms and insurers would be wise to evaluate key risk areas and consider six steps to minimize exposure, say Nicole Shapiro and Cory Stumpf at Atheria Law.

• Opinion

  Justices' Clean Water Act Queries Hint At Search For Balance

  

  While some predict that the U.S. Supreme Court's conservative majority will use Sackett v. U.S. Environmental Protection Agency to strike a blow against the Clean Water Act, the justices' scrutiny of simplistic industry assertions during oral argument offers hope that they may render a more nuanced verdict, says Sambhav Sankar at Earthjustice.

• Series

  Keys To A 9-0 High Court Win: Look For Common Ground

  

  When arguing for the petitioner in Golan v. Saada before the U.S. Supreme Court earlier this year, a focus was placed on appealing to multiple judicial philosophies with the aim of not only winning each justice’s vote, but also achieving clear guidance from the court’s opinion, says Karen King at Morvillo Abramowitz.

• Slow EPA Approvals Impair State Carbon Storage Plans

  

  Given the Biden administration's enormous climate goals — including promoting geologic storage of carbon dioxide — the U.S. Environmental Protection Agency should consider improvements to its sluggish process for approving states' applications to manage carbon sequestration wells, say Anna Wildeman and Dave Ross at Troutman Pepper.

• Limiting The Scope Of Representation Is Critical For Lawyers

  

  A Mississippi federal court's recent decision in Kee v. Howard L. Nations PC highlights the importance of well-written engagement letters, and shows why it is vital for attorneys to specify exactly which services they intend to supply, says Ronald Levine at Herrick Feinstein.

• Attys Shouldn't Assume Judicial Critique Is Protected Speech

  

  As it becomes more commonplace to see criticism of the judiciary in the media, licensed attorneys are well advised to remember that they may have less freedom than nonlawyers to make protected speech critical of the judiciary, says Mark Hinderks at Stinson.

• Series

  Keys To A 9-0 High Court Win: Practicality Over Perfection

  

  When I argued for the petitioner in Wooden v. U.S. last year, I discovered that preparation is key, but so is the right kind of preparation — in giving decisive answers to the U.S. Supreme Court justices' hypothetical questions I was not aiming for perfection, just the best response available, says Allon Kedem at Arnold & Porter.