Commercial

Expert Analysis

• What Litigation Funding Disclosure In Delaware May Look Like

  

  A standing order issued by Delaware's chief federal judge requiring litigants to disclose whether their cases or defenses are being financed by third parties is unlikely to have onerous effects but may raise questions regarding potential conflicts of interest and access to justice, say Cayse Llorens and Matthew Oxman at LexShares.

• Commercial Tenant Takeaways From Conn. COVID Ruling

  

  The Connecticut Supreme Court's recent decision in AGW Sono Partners v. Downtown Soho, finding that COVID-19 health emergency orders did not excuse a tenant from its lease obligations, highlights long-standing obstacles for commercial tenants who may be hoping for COVID-19 rent abatement relief, says Noble Allen at Hinckley Allen.

• What To Expect From CFPB's Entry Into Cryptocurrency Arena

  

  As consumer cryptocurrency offerings become more prevalent, it's important to consider how the Consumer Financial Protection Bureau might regulate this area, including what kind of services it will focus on and what kind of authority it could draw on when pursuing enforcement actions, say attorneys at Goodwin.

• How In-House Legal Leaders Can Drive Corporate Growth

  

  Today, more executives are seeking legal leaders who are strategic, adaptable thinkers, making it essential that in-house counsel get out of their comfort zone of legal advice and take several steps to contribute toward revenue growth and raise their profile, says Tim Parilla at LinkSquares.

• Attorneys Should Tread Carefully On Job Counteroffers

  

  Promises of more compensation to keep attorneys from leaving their jobs have become commonplace in today's hot job market, but lawyers should weigh their options carefully as accepting a counteroffer can negatively affect their reputation, says Leeron Molloy at VOYlegal.

• The Future Of Legal Ops: Time To Get Serious About Data

  

  Most corporate legal departments collect surface-level data around their operations, such as costs and time to resolution, but legal leaders should explore more in-depth data gathering to assess how effective an attorney was, how efficiently legal work was performed, and more, says Andy Krebs at Intel.

• Insight Into California's Increasing Cannabis Litigation

  

  California's cannabis industry is experiencing a swirl of challenges leading to a rise in cannabis-related litigation ranging from breach of contract claims to employment disputes — but companies can take several steps to avoid these growing pains, say Alexa Steinberg and Steven Stein at Greenberg Glusker.

• Ohio Tax Talk: Unpacking The New Property Tax Procedures

  

  New procedures for challenging real property tax valuations in Ohio may reduce tax revenue for political subdivisions and school districts, but are also likely to help boost development in the state and streamline its real estate tax, say Yazan Ashrawi and Raghav Agnihotri at Frost Brown.

• ABA Isn't Giving Up On Diversity Efforts By Ending CLE Rule

  

  While some view the American Bar Association’s elimination of continuing legal education diversity requirements as capitulating to a Florida Supreme Court decision against the mandate, it was a strategic decision to serve Florida members while improving diversity, equity and inclusion efforts in other ways, says Tiffani Lee at Holland & Knight.

• Lateral Candidate Screening Steps To Prevent Bad Behavior

  

  Bullying and harassment are among the root causes of stress, anxiety and substance abuse in the legal profession, so law firms should take four actions to effectively screen lateral candidates and ensure they are not recruiting individuals who could jeopardize the well-being of their people, says Michael Ellenhorn at Decipher.

• A Look At The Legal Profession Since Murder Of George Floyd

  

  Little has changed for Black attorneys since law firms promised to combat discrimination within the profession following George Floyd's murder, but on this second anniversary of his death, law firms can recommit by adopting specific strategies that set their Black lawyers up for success, say Lisa Davis and Khasim Lockhart at Frankfurt Kurnit.

• NY Ruling Correctly Deems Legal Finance Docs Irrelevant

  

  A New York appeals court's recent decision in Worldview Entertainment v. Woodrow joins a growing trend of decisions denying discovery of litigation funding documents, highlighting that commercial legal finance should be treated just like any other financing in commercial litigation, says Andrew Cohen at Burford Capital.

• Phase I Site Assessments After EPA U-Turn On 2021 Standard

  

  With the U.S. Environmental Protection Agency withdrawing its recent approval of the 2021 ASTM standard for Phase I environmental site assessments, parties preparing a Phase I report would be wise to comply with the 2013 standard — at least for now, says Heather Richardson at Thompson Hine.