Commercial

Expert Analysis

• New AML Law May Be Key Tool To Enforce Russia Sanctions

  

  A new anti-money laundering law for the first time authorizes monetary rewards for tips leading to government enforcement against certain sanctions violations, and though many questions remain, it gives the U.S. an additional tool in the ongoing global battle against Russian aggression, say Daren Firestone and Kimberly Wehle at Levy Firestone.

• Atty Conflict Discussions In Idaho Murder Case And Beyond

  

  A public defender's representation of the accused University of Idaho murderer after prior representation of a victim's parent doesn't constitute a violation of conflict of interest rules, but the case prompts ethical questions about navigating client conflicts in small-town criminal defense and big-city corporate law alike, say Hilary Gerzhoy and Charles Loeser at HWG.

• Why The Original 'Rocket Docket' Will Likely Resume Its Pace

  

  Though the Eastern District of Virginia, for decades the fastest federal trial court in the country, experienced significant pandemic-related slowdowns, several factors unique to the district suggest that it will soon return to its speedy pace, say Dabney Carr and Robert Angle at Troutman Pepper.

• How Gov't Enviro Justice Push May Affect Developers

  

  Attorneys at Crowell & Moring contextualize the U.S. Environmental Protection Agency's recent guidance on environmental justice and permitting decisions, and the U.S. Department of Energy's requests for input on using grants to achieve EJ goals, highlighting practical implications for project developers and other industry participants.

• The Discipline George Santos Would Face If He Were A Lawyer

  

  Rep. George Santos, who has become a national punchline for his alleged lies, hasn't faced many consequences yet, but if he were a lawyer, even his nonwork behavior would be regulated by the American Bar Association's Model Rules of Professional Conduct, and violations in the past have led to sanctions and even disbarment, says Mark Hinderks at Stinson.

• The EPA's New Enviro Site Assessment Standard: Key Points

  

  While the U.S. Environmental Protection Agency's previous standard for Phase I environmental site assessments will remain valid for another year, the agency's recent final approval of the newer ASTM E1527-21 standard means that it now represents the best practice for conducting ESAs, says Sedina Banks at Greenberg Glusker.

• FinCEN Report Holds Key Russia-Linked Risk Considerations

  

  A recent report from the Financial Crimes Enforcement Network reminds financial institutions to review guidance issued on reporting Russia-linked suspicious activity, emphasizing the need to review anti-money laundering and sanctions monitoring processes to remain adaptive to global developments, say Siana Danch and Peter Hardy at Ballard Spahr.

• A Litigation Move That Could Conserve Discovery Resources

  

  Bennett Rawicki at Hilgers Graben proposes the preliminary legal opinion procedure — seeking a court's opinion on a disputed legal standard at the outset, rather than the close, of discovery — as a useful resource-preservation tool for legally complex, discovery-intensive litigation.

• Litigators Should Approach AI Tools With Caution

  

  Artificial intelligence tools like ChatGPT hold potential to streamline various aspects of the litigation process, resulting in improved efficiency and outcomes, but should be carefully double-checked for confidentiality, plagiarism and accuracy concerns, say Zachary Foster and Melanie Kalmanson at Quarles & Brady.

• Recession Or Not, Elevated Restructuring Activity Is Coming

  

  2023 is set up to be a strong year for corporate distress and reorganization, recession withstanding, but it may not be the blowout year that some are expecting — depending on whether the Fed continues its inflation fight and whether sponsors can go all out to defend investments, says Michael Eisenband at FTI Consulting.

• Ruling Shows New Potential For Retroactive For-Cause Firings

  

  A New York federal court's recent decision in Kulick v. Gamma Real Estate shed light on the important question of whether an employer may retroactively terminate an employee for cause and opened the door for such terminations based on what is known as the after-acquired evidence doctrine, say Reid Skibell and Megan Reilly at Glenn Agre.

• Mapping The Transport Sector's Road To Zero Emissions

  

  Transportation companies that hope to lead the multiagency U.S. National Blueprint for Transportation Decarbonization's recently announced transition to zero-emission vehicles and fuels should anticipate a host of commercial and legal issues, say Levi McAllister and Pamela Wu at Morgan Lewis.

• 5 Ways Attorneys Can Use Emotion In Client Pitches

  

  Lawyers are skilled at using their high emotional intelligence to build rapport with clients, so when planning your next pitch, consider how you can create some emotional peaks, personal connections and moments of magic that might help you stick in prospective clients' minds and seal the deal, says consultant Diana Kander.