Expert Analysis

• Opinion

  Appellate Funding Disclosure: No Mandate Is Right Choice

  

  The Advisory Committee on Appellate Rules' recent decision, forgoing a mandatory disclosure rule for litigation funding in federal appeals, is prudent, as third-party funding is only involved in a minuscule number of federal cases, and courts have ample authority to obtain funding information if necessary, says Stewart Ackerly at Statera Capital.

• How Attys Can Avoid Exposing Their Firms To Cyberattacks

  

  Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.

• Virginia 'Rocket Docket' Slowdown Is Likely A Blip

  

  After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.

• Broadcast Deal Parties, Beware In-House FCC Hearings

  

  Potential buyers and sellers in the telecom space should take note of the recent collapse of Standard General's attempted takeover of Tegna, which could not find its way out of a procedural maze created by the Federal Communications Commission's administrative law judge review, says Dennis Corbett at Telecommunications Law Professionals.

• 5 Management Tips To Keep Law Firm Merger Talks Moving

  

  Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.

• Opinion

  FCC Caller Authentication Rules Are Counterintuitive

  

  The Federal Communications Commission's recently adopted STIR/SHAKEN caller authentication rules were intended to stop robocalls, but are instead causing businesses to lose control of whether they are being identified properly or at all by various terminating carriers, leading to inaccurate labeling of calls, says Ray Pasquale at Unified Office.

• Practical Steps For Compliance Leaders Amid Evolving Risks

  

  As corporate compliance leaders face evolving challenges, from changing regulatory expectations to new technology, they can implement certain action items to optimize their compliance programs for today’s environment, say consultants at Charles River Associates.

• Rethinking In-Office Attendance For Associate Retention

  

  The hybrid office attendance model doesn't work for all employees, but it does for many — and balancing these two groups is important for associate retention and maintaining a BigLaw firm culture that supports all attorneys, says Summer Eberhard at Major Lindsey.

• 4 Paths To Defending Calif. Unfair Competition Claims

  

  In its recent Epic Games v. Apple decision, the Ninth Circuit fairly underscored the broad scope of California's unfair competition law, but at the pleading stage and beyond, defendants should give particular consideration to the applicability of four nuanced and UCL-specific paths to resolution, say attorneys at Munger Tolles.

• Fintiv Discretionary Denials Seem To Be Back At PTAB

  

  The significance of discretionary denials in inter partes reviews since the 2020 Fintiv decision has surged and ebbed, but recent Patent Trial and Appeal Board decisions signal a potential comeback — requiring patent litigators to recalibrate their strategies, say Josepher Li and Michelle Armond at Armond Wilson.

• Murdaugh Trials Offer Law Firms Fraud Prevention Reminders

  

  As the fraud case against Alex Murdaugh continues to play out, the evidence and narrative presented at his murder trial earlier this year may provide lessons for law firms on implementing robust internal controls that can detect and prevent similar kinds of fraud, say Travis Casner and Helga Zauner at Weaver and Tidwell.

• Cos. Should Stay Alert After Florida's Mini-TCPA Amendment

  

  Despite an amendment narrowing the scope of the Florida Telephone Solicitation Act to curtail frivolous litigation, businesses that advertise using telephone calls and text messages should still maintain robust compliance, as the law could lead to challenges regarding its meaning and application, says Alexis Buese at Gunster.

• How To Navigate Class Incentive Awards After Justices' Denial

  

  Despite a growing circuit split on the permissibility of incentive awards, the U.S. Supreme Court recently declined to hear cases on the issue, meaning class action defendants must consider whether to agree to incentive awards as part of a classwide settlement and how to best structure the agreement, say attorneys at K&L Gates.

• Firm Tips For Helping New Lawyers Succeed Post-Pandemic

  

  Ten steps can help firms significantly enhance the experience of attorneys who started their careers in the coronavirus pandemic era, including facilitating opportunities for cross-firm connection, which can ultimately help build momentum for business development, says Lana Manganiello at Equinox Strategy Partners.

• Prepping Your Business Ahead Of Affirmative Action Ruling

  

  The U.S. Supreme Court's upcoming ruling on whether race should play a role in college admissions could potentially end affirmative action, and companies will need a considered approach to these circumstances that protects their brand power and future profits, and be prepared to answer tough questions, say Nadine Blackburn at United Minds and Eric Blankenbaker at Weber Shandwick.