Expert Analysis

• Takeaways On Fed's Central Bank Digital Currency Proposal

  Excerpt from Practical Guidance

  

  Nicole DeSantis at PSC Partners takes a close look at the Federal Reserve Board's paper on the potential application of a central bank digital currency, why CBDC may be a viable alternative to cryptocurrency, and the potential impact on the future of money and payment systems.

• Opinion

  SEC's Climate Rules Promote Compliance, Not Real Change

  

  Compliance with the U.S. Securities and Exchange Commission’s proposed new rules requiring corporate disclosures of activities and risks associated with climate change will be performative, and the flawed rules will fail at their primary purpose — giving investors and stakeholders actionable information, say Nir Kossovsky and Denise Williamee at Steel City Re.

• Lessons On Avoiding E-Discovery Violations And Sanctions

  

  Michael Fox and David Cohen at Reed Smith discuss how counsel can assist their clients in meeting preservation obligations for electronically stored information in light of recent federal rulings on spoliation sanctions motions for possible violations of this duty.

• A Guide To Web3 Applications In The Cannabis Industry

  

  Jonathan Bench at Harris Bricken lays out how cannabis companies can use blockchain technology, such as nonfungible tokens and smart contracts, in licensing, financing and running their operations, and explains how lawyers and businesses in the space must navigate unsettled law and regulatory uncertainty.

• Collaborative Tech Will Dictate Future Law Firm Success

  

  Law firms need to shift their focus from solving the needs of their lawyers with siloed solutions to implementing collaboration technology, thereby enabling more seamless workflows and team experiences amid widespread embrace of hybrid and remote work models, says Kate Jasaitis at HBR Consulting.

• Why The Metaverse Matters For Real Estate Attorneys

  

  With real estate investments in the metaverse rapidly increasing, real estate attorneys can and should weigh in on the governance structures and contracts being developed in the realm of virtual property, says Jenny Forgey at Winstead.

• How To Effectively Prepare A Witness For Remote Testimony

  

  Many of the lessons taught in an introductory theater performance class can provide foundational guidelines for virtual witness preparation, including the importance of props, proper lighting and wardrobe decisions, and of acknowledging that the star of your show is not a Zoom expert, say Hailey Drescher at Trask Consulting and Michael Thomas at Foley & Lardner.

• As Cyber Risks Surge, Remember Attorneys' Ethical Duties

  

  The prevalence of remote work and a greater threat of Russian cyberattacks should serve as a stark reminder of a lawyer's professional obligations to guard against unauthorized disclosure of client information and to protect client interests in the event of a cyberattack, says Alvin Mathews at Ulmer & Berne.

• ESG Regs Abroad Offer Road Map For US Multinational Cos.

  

  Recent regulations in the European Union and United Kingdom mandate certain companies to disclose climate-related and other environmental, social and governance information to investors, serving as a harbinger of things to come in the U.S., say Petrina McDaniel and Shing Tse at Squire Patton, and Kimberly Chainey at AptarGroup.

• Rethinking E-Discovery Readiness Amid Rise Of Collab Tools

  

  Online collaboration platforms and instant messaging tools are quickly becoming the primary mode of internal business communications, leading to disputes around discoverability of data on these platforms and underscoring the need for new preservation processes to ensure compliance with discovery obligations, say Jay Carle and Ryan Tilot at Seyfarth.

• Opinion

  Supply Chain Info Will Strengthen SEC's Climate Rule

  

  The U.S. Securities and Exchange Commission's pending climate disclosure rule should require information on supply chain emissions in companies' reports to investors in order to ensure an end to muddy risk reporting, and a clearer financial road map for companies and money managers, says Mona Dajani at Pillsbury.

• 3 Jurisdictional Questions After High Court Arbitration Ruling

  

  The U.S. Supreme Court's recent decision in Badgerow v. Walters narrows federal courts' jurisdiction over post-arbitration disputes, but leaves unresolved jurisdictional issues, including its applicability to other Federal Arbitration Act sections, its effect on federal question analysis, and its influence on arbitration disputes properly venued in federal court, say Michael Gill and Andrew Spadafora at Mayer Brown.

• Series

  Embracing ESG: Uber Counsel Talks Safety Standards

  

  Katie Waitzman at Uber discusses how in-house counsel can use environmental, social and corporate governance principles to bridge risk and innovation, as exemplified by the company’s recent women’s safety initiatives.

• Opinion

  Prospectively Appointing Jackson To High Court Is Unlawful

  

  President Joe Biden should rescind his prospective appointment of Judge Ketanji Brown Jackson to the U.S. Supreme Court as the decision contradicts the court's reasoning in Marbury v. Madison, raises gravely troubling issues regarding presidential discretion and brings a serious question about her legitimacy as a justice, says attorney John Reeves.

• Proposed SEC Restrictions Stand To Add SPACs Risk

  

  The U.S. Securities and Exchange Commission's proposed rules for special purpose acquisition companies are more far-reaching than was expected, and likely to accelerate the SPAC market's current receding trend by making the process more complicated and more expensive, as well as imposing a greater liability risk, say attorneys at Fried Frank.