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.

• Global Tax Chiefs Should Look To US Whistleblower Programs

  

  As the Joint Chiefs of Global Tax Enforcement develops its international whistleblower program to address tax evasion and money laundering schemes in new areas like cryptocurrency, it should take lessons from highly successful U.S. programs on which features to include and pitfalls to avoid, say Neil Getnick and Nico Gurian at Getnick & Getnick.

• Unpacking OFAC's New Russian Accounting Services Ban

  

  New determinations issued by the Office of Foreign Assets Control put a broad swath of accounting, trust and corporate formation, management consulting, legal service providers, and others at heightened risk for strict liability sanctions violations for dealings with Russia, requiring affected entities to update their procedures, say Cari Stinebower and Dainia Jabaji at Winston & Strawn.

• Calif. Charts Regulatory Path For NFTs In Campaign Finance

  

  In light of California’s recent advisory opinion addressing the use of nonfungible tokens for political fundraising — and amid the lack of other state or federal guidance — NFT creators, digital asset exchanges and campaigns should keep several considerations in mind to avoid running afoul of campaign finance laws, say attorneys at Nossaman.

• 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.

• Considerations For A Rarely Used Exit Provision In JV Deals

  

  Relatively few joint venture legal agreements contain buy-sell provisions, but it's worth thinking through the subtle implications of structuring such exit terms to determine whether to include them, say consultants at Ankura.

• 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.

• Opinion

  Courts Must Tackle Lack Of Diversity In Class Counsel

  

  When federal courts appoint lead lawyers in federal class actions, the counsel chosen are almost always white and male — but if courts adopt a broader view of what kind of experience is relevant for class counsel appointments, the class action bar can be diversified, says Alissa Del Riego at Podhurst Orseck.

• What SEC Proposal On SPACs Means For Projection Defenses

  

  Following the U.S. Securities and Exchange Commission’s recent proposal to enhance special-purpose acquisition company disclosures, SPAC participants should consider the implications for two key forward-looking statement defenses, say Scott Mascianica and Landon Mignardi at Holland & Knight.

• In Del. Chancery, A Cautionary Tale Of Hacked M&A Payouts

  

  A recent Delaware Chancery Court decision in Sorenson v. Continental provides guidance on who is liable when legal counsel's emails are hacked and a stockholder's merger consideration is paid to the hackers, say attorneys at Fried Frank.

• 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.

• Nonpublic Info Compliance After SEC's Fund Manager Alert

  

  A recent U.S. Securities and Exchange Commission risk alert shows heightened scrutiny of investment advisers' material nonpublic information compliance, so firms should pay attention to four key points that could influence their MNPI-related policies, say attorneys at Simpson Thacher.

• How The Tribune Cases Will Affect Fraudulent Transfer Claims

  

  Although the U.S. Supreme Court declined to review the Tribune bankruptcy cases, the Second Circuit's decisions leave behind a lasting precedential legacy — especially regarding Bankruptcy Code Sections 546(e) and 548(a)(1)(A) — that will play an important role in future fraudulent transfer cases, say attorneys at Seward & Kissel.

• 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.