Native American

Expert Analysis

• 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.

• 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.

• Opinion

  Congress Must Create More Private Rights Of Action

  

  In light of the Trump administration's efforts to limit the enforcement of regulations during the pandemic and beyond, and the U.S. Supreme Court's severe limitations on private rights of action, Congress must take swift action, says attorney Todd Phillips.

• 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.

• Telehealth Expansion Will Benefit Tribal Communities

  

  Telehealth is likely to play a much larger role in the coming years due to COVID-19's sweeping impact, and Indian tribes — amid expanded federal commitment to tribal telehealth — should be full participants in this medical revolution, say Paul Moorehead and Kathleen Hatfield at Powers Pyles.

• 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.

• Mental Health Efforts Will Support Diversity In Legal Industry

  

  The stigma of discussing mental health struggles during these tough times is especially profound for attorneys of racial and ethnic minorities, but law firms and in-house departments can change the narrative, says Patricia Silva at Lathrop.

• State Of Enviro Enforcement After Trump's Deregulatory Order

  

  Attorneys at Sidley outline the interplay between President Donald Trump's recent executive order on deregulation during the pandemic and the U.S. Environmental Protection Agency's COVID-19-related guidance, and offer practical considerations for enforcement actions proceeding against the new backdrop.