Commercial

Expert Analysis

• Overcommunicate With Your Summer Associates This Year

  

  2022 summer associates have had limited opportunities for professional interactions due to the pandemic, so supervising attorneys should prioritize intentional overcommunication by emphasizing importance of tone and content of emails, sharing feedback immediately, and more, says Julie Schrager at Faegre Drinker.

• Nev. Case Highlights Settlement Authority Dilemmas For Cos.

  

  A Nevada federal court's recent decision in Ceja v. The Vons Companies illustrates the pitfalls of misinterpreting a court order requiring a representative with full settlement authority to be present at negotiations, and is a reminder to consider that courts differ as to what full settlement authority means in practice, says Richard Mason at MasonADR.

• 2nd Circ. Reasoning In COVID Force Majeure Case Is Flawed

  

  The Second Circuit's recent holding in JN Contemporary Art v. Phillips Auctioneers, that a force majeure clause permitted an auction house to cancel a contract because of COVID-19, was correctly decided, but for the wrong reasons, because the decision incorrectly characterized the operative clause as a catchall clause, says Joshua Wurtzel at Schlam Stone.

• ALI Oversteps With Expansive Restatement Of Contract Law

  

  The American Law Institute's consumer contracts restatement project, which members are scheduled to vote on at the ALI's upcoming annual meeting, could upend the established law of contracts, and encourage specious class actions and nullification of arbitration agreements, says Sherman Joyce at the American Tort Reform Association.

• The Fastest Federal Trial Courts: A Look At Virginia, Florida

  

  The Eastern District of Virginia rocket docket and the Northern District of Florida were last year’s fastest civil trial courts in the nation, and interviews with two of their judges reveal they have some of the same practices to keep litigation moving efficiently, says Robert Tata at Hunton.

• Tips For Evaluating Machine Learning For Contracts Review

  

  Law firms considering machine learning and natural language processing to aid in contract reviews should keep several best practices in mind when procuring and deploying this nascent technology, starting with identifying their organization's needs and key requirements, says Ned Gannon at eBrevia.

• How To Efficiently Deploy Your Professional Growth Strategy

  

  Lana Manganiello at Equinox Strategy Partners discusses how time-strapped legal professionals can efficiently implement a professional growth framework by focusing on only the most effective actions to build the reputation and relationships key to their ideal practice.

• A 6-Step Framework For Legal Industry Professional Growth

  

  Lana Manganiello at Equinox Strategy Partners discusses how implementing a professional growth framework will help legal professionals gain expertise in a relevant niche to build credibility, focus marketing efforts and build an ideal practice.

• Why Contempt May Be Apt Punishment For High Court Leaker

  

  Contempt of court is an overlooked but potentially effective tool to punish whoever leaked the draft opinion overruling Roe v. Wade and protect the integrity of the U.S. Supreme Court, says Michael Zuckerman at Zuckerman Dispute Resolution.

• Illinois Remote Notary Law May Guide Other States

  

  Illinois' new electronic and remote notary law appears to be among the most flexible of similar laws across the country, and will likely be influential as other states craft their own permanent legislation, say attorneys at Manatt.

• Clients' Diversity Mandates For Law Firms Are Necessary

  

  Coca-Cola recently scrapped its proposed diversity staffing requirements for outside counsel, and other companies may be reassessing their mandates due to external pressures, but it is important to remember the myriad factors supporting these policies and why they are more important now than ever before, says David Hopkins at Benesch Friedlander.

• EV Chargers In Retail Lots Face Zoning, Contract Hurdles

  

  Electric vehicle charging stations are increasingly being installed in retail parking lots and garages, benefitting both drivers and retailers — but municipalities, businesses and property owners may face challenges tackling zoning amendments and structuring leases and licensing agreements for charging infrastructure, say Elizabeth Bennett and Mary Therese O'Sullivan at Fox Rothschild.

• 5 Questions That Can Help Law Firms Win RFPs

  

  As the volume of matter-specific requests for proposals continues to increase in the legal market, law firms can take some new steps to fine-tune their RFP response-drafting process and strategy, says Matthew Prinn at RFP Advisory Group.