Residential

Expert Analysis

• 5 Keys To A Productive Mediation

  Excerpt from Practical Guidance

  

  Cortney Young at ADR Partners discusses factors that can help to foster success in mediation, including scheduling, preparation, managing client expectations and more.

• Preparing For An Era Of Regulated Artificial Intelligence

  

  In light of developing regulatory activity aimed at governing the use of artificial intelligence, companies should implement best practices that focus on the fundamental principles that are driving regulators' actions, say attorneys at Troutman Pepper.

• Bankruptcy Ruling May Mean Harsh Results For Beneficiaries

  

  Surety bond decisions that use subjective analyses to aid a sympathetic claimant, such as a Tennessee bankruptcy court’s recent decision in Pinnacle Constructors, create uncertainty that could ultimately lead to severe results for future beneficiaries, says Lisa Tancredi at Womble Bond.

• High Court Dispute Shows Need For CWA Clarity

  

  Sackett v. U.S. Environmental Protection Agency illustrates the problems with two overly broad tests used to determine jurisdiction under the Clean Water Act, and offers the U.S. Supreme Court the opportunity to once and for all determine the scope of federal authority under the landmark measure, say Thomas Ward and Jeffrey Augello at the National Association of Home Builders.

• Evaluating The Legal Ethics Of A ChatGPT-Authored Motion

  

  Aimee Furness and Sam Mallick at Haynes Boone asked ChatGPT to draft a motion to dismiss, and then scrutinized the resulting work product in light of attorneys' ethical and professional responsibility obligations.

• 7 Tips To Increase Your Law Firm's DEI Efforts In 2023

  

  Law firms looking to advance their diversity, equity and inclusion efforts should consider implementing new practices and initiatives this year, including some that require nominal additional effort or expense, say Janet Falk at Falk Communications and Gina Rubel at Furia Rubel.

• Keys To A 9-0 High Court Win: Get Back To Home Base

  

  When I argued for the petitioner in Morgan v. Sundance before the U.S. Supreme Court last year, I made the idea of consistency the cornerstone of my case and built a road map for my argument to ensure I could always return to that home-base theme, says Karla Gilbride at Public Justice.

• New US Waters Definition May Rock The Boat

  

  Federal agencies' latest attempt to define "waters of the United States" attempts to avoid previous rules' failings, though it will potentially increase administrative difficulties for regulated entities and also leaves ample ground for litigation, say Christopher Thomas and Andrea Driggs at Perkins Coie.

• Atty-Client Privilege Arguments Give Justices A Moving Target

  

  Recent oral arguments before the U.S. Supreme Court in a case regarding the scope of the attorney-client privilege appeared to raise more questions about multipurpose counsel communications than they answered, as the parties presented shifting iterations of a predictable, easily applied test for evaluating the communications' purpose, say Trey Bourn and Thomas DiStanislao at Butler Snow.

• 3D Printing Poses Legal Questions For Construction Cos.

  

  3D printing technology holds not only a number of appealing benefits for the construction industry, but also legal ambiguities and challenges involving insurance coverage and compliance with building codes, says Kasey Joyce at Ball Janik.

• 5 Gen X Characteristics That Can Boost Legal Leadership

  

  As Generation X attorneys rise to fill top roles in law firms and corporations left by retiring baby boomers, they should embrace generational characteristics that will allow them to become better legal leaders, says Meredith Kahan at Whiteford Taylor.

• 6 Questions For Boutique Firms Considering Mergers

  

  To prepare for discussions with potential merger partners, boutique law firms should first consider the challenges they hope to address with a merger and the qualities they prioritize in possible partner firms, say Howard Cohl and Ron Nye at Major Lindsey.

• 5 Tips For Adding Value To Legal Clients' Experience In 2023

  

  Faced with a potential economic downturn this year, attorneys should look to strengthen client relationships now by focusing on key ways to improve the client experience, starting with a check-in call to discuss client needs and priorities for the coming year, say attorneys at Troutman Pepper.