Residential

Expert Analysis

• Policyholders Are Not To Blame For Social Inflation

  

  As part of the controversial assertion that insurers are facing an unprecedented increase in claims costs due to so-called social inflation, a recent Law360 guest article argued that policyholders contribute to social inflation and are therefore responsible for remedying it, but these accusations are unsupported by empirical data, says Benjamin Tievsky at Pillsbury.

• State-Led Programs Can Speed Up Brownfield Development

  

  Too often, publicly funded brownfields programs are not optimized to achieve redevelopment in the near term, but policymakers can address this problem by directing additional resources toward state-level brownfields programs that offer thoughtfully designed tax incentives and liability protection, says Gerald Pouncey at Morris Manning.

• Questions To Ask Before Making A Lateral Move As Partner

  

  Law firm partners considering lateral moves should diligently interview prospects — going beyond standard questions about compensation to inquire about culture, associate retention and other areas that can provide a more comprehensive view, says Lauren Wu at VOYLegal.

• My Favorite Law Prof: How I Learned To Argue Open-Mindedly

  

  Queens College President Frank Wu reflects on how Yale Kamisar’s teaching and guidance at the University of Michigan Law School emphasized a capacity to engage with alternative worldviews and the importance of the ability to argue for both sides of a debate.

• ABA's No-Contact Rule Advice Raises Questions For Lawyers

  

  The American Bar Association's ethics committee recently issued two opinions concerning the no-contact rule — one creates an intuitive and practical default for electronic communications, while the other sets a potential trap for pro se lawyers, say Lauren Snyder and Deepika Ravi at HWG.

• Construction Cos. Can Address Social Media In Settlements

  

  Negative social media posts are increasingly factoring into construction disputes, and attorneys must understand what to prioritize when negotiating such issues in settlement agreements, say Gary Strong and Dinora Lopez at Gfeller Laurie.

• 4 Key Skills For An Effective Attorney Coaching Conversation

  

  As BigLaw firms are increasingly offering internal coaching as one of many talent strategies to stem ongoing lawyer attrition, Stacey Schwartz at Katten discusses how coaches can help attorneys achieve their goals.

• How Civilian Attorneys Can Help Veterans

  

  With legal aid topping the U.S. Department of Veterans Affairs' annual list of unmet needs of veterans facing housing insecurity, nonmilitary volunteer attorneys can provide some of the most effective legal services to military and veteran clients, say Anna Richardson at Veterans Legal Services and Nicholas Hasenfus at Holland & Knight.

• Policyholders Should Also Want To Fight Social Inflation

  

  Effectively combating the ills of social inflation — the upward creep in insurance litigation and expected payouts — requires all stakeholders, not just insurers, to recognize the mutual interests between insurers and the risk pool of insureds, says Bryant Green at Zelle.

• Applying Article III Rulings To Robocall Standing In Florida

  

  Questions surrounding Article III standing for Telephone Consumer Protection Act claims related to robocalls in the Eleventh Circuit, including whether the Southam v. Red Wing Shoe standard will apply to TCPA and Florida Telephone Solicitation Act claims in state court, continue to be a puzzle for Florida lawyers, say Aaron Weiss and Charles Throckmorton at Carlton Fields.

• Recent Fed. Circ. Patent Eligibility Rulings Offer Drafting Tips

  

  A trio of recent owner-favorable patent decisions in the Federal Circuit provide pointers on drafting complaints with sufficient eligibility facts to survive a motion to dismiss, including when to write an analysis of sufficient eligibility, say Kevin Schubert and Scott Hejny at McKool Smith.

• My Favorite Law Prof: How I Learned That Culture Shapes Law

  

  U.S. District Judge Jed Rakoff of the Southern District of New York considers how a class with Jerry Cohen at Harvard Law helped him understand culture and history’s influence on jurisprudence, and how even seemingly settled law can evolve — all while espousing a more humanistic approach to teaching that restored Judge Rakoff's pride in being a lawyer.

• Time For Construction Cos. To Review Recession Mitigation

  

  As rising interest rates and prices change the economics and viability of real estate development and construction, owners and developers should assess whether they have grown sloppy regarding collection and scrutiny of lien waivers, and with certain nuances of contract negotiation, says Eric Singer at Ice Miller.