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Expert Analysis

• Questions Surround NY's Controversial New Foreclosure Law

  

  A new law revising New York's statute of limitations governing foreclosure actions, signed into law in December, contains some ambiguous phrasing that has sparked disputes between borrowers and lenders, and will undoubtedly lead to extensive litigation, say Christina Livorsi and Alfred Marks at Day Pitney.

• What To Expect From The House Select Committee On China

  

  Although the U.S. House of Representatives' new select committee on China cannot act on legislation, its bipartisan mandate may enable it to establish the conditions necessary for legislation to be adopted — or not — by Congress' other committees of jurisdiction, say attorneys at Arnold & Porter.

• 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.

• 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.

• Agency Actions Show Shared Focus On Digital Ad Tactics

  

  Recent coordinated actions taken by the Consumer Financial Protection Bureau, U.S. Department of Justice and Federal Trade Commission demonstrate a new focus on assailing two distinct digital advertising practices — dark patterns and the use of algorithms for targeting consumers, say Kyle Tayman and Tierney Smith at Goodwin.

• 9th Circ. Ruling Clarifies Homestead Exemption Ambiguities

  

  The Ninth Circuit's decision in Barclay v. Boskoski in November sheds light on the amount of homestead exemption a debtor may be entitled to, potentially creating a perverse incentive that pushes creditors to force the sales of debtors' homes, says Deborah Kovsky-Apap at Troutman Pepper.

• 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.