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Expert Analysis

• Opinion

  Courts Are Getting It Right On Litigation Funding Discovery

  

  Earlier this month, a California federal court denied discovery into the identification of third-party funders with a financial interest in the outcome of an underlying patent infringement action. This decision in MLC v. Micron follows a long line of well-reasoned precedent across U.S. federal courts, say Matthew Harrison and Sarah Jacobson of Bentham IMF.

• Diversity's Next Step: Developing Minority Partners

  

  The lack of minority partners comes at a high cost to firms, say attorneys at Lightfoot Franklin & White LLC, as they suggest several practical ways to tackle this problem.

• Arbitrators And Mediators Should Reflect Society's Diversity

  

  Alternative dispute resolution providers have made great strides toward diversity, but recent statistics show there is still work to be done. There are certain steps ADR providers can take to actively recruit more women and minority candidates to serve as arbitrators and mediators, says James Jenkins of the American Arbitration Association.

• Why AFAs Are Key To The Future Of Legal Practice

  

  Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

• Series

  Judging A Book: Barron Reviews 'The Clamor Of Lawyers'

  

  Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.

• Handling Corporate Congressional Probes In The Trump Era

  

  President Donald Trump’s approach to crisis communications has changed the game enough to demand companies' consideration of a whole new set of options. John Hellerman of Hellerman Communications and Bill Pittard of KaiserDillon PLLC discuss whether corporations can successfully use similar tactics.

• Opinion

  The Case For Lawyer-Directed Litigation Funding In NY: Part 2

  

  Lawyer-directed nonrecourse litigation funding is more likely to protect a lawyer's exercise of independent professional judgment than traditional means of litigation finance, and furthermore enables worthwhile cases that otherwise could not be funded, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

• Opinion

  The Case For Lawyer-Directed Litigation Funding In NY: Part 1

  

  Contrary to what the New York City Bar Association concluded in an ethics opinion last year, lawyer-directed nonrecourse commercial litigation funding does not violate New York rules on sharing fees with nonlawyers, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

• 4 AML Insights Broker-Dealers Should Carry Into 2019

  

  While many of us were winding down 2018 focused on the holidays, the U.S. Department of Justice and other financial industry regulators were busy delivering a flurry of messages about anti-money laundering compliance, say attorneys with King & Spalding LLP.

• 7 Questions To Add To Your Lateral Partner Questionnaire

  

  Law firms should redesign the vetting process for lateral candidates so it directly addresses sexual harassment and assault issues, says Howard Rosenberg of Decipher.