Expert Analysis

• Opinion

  ALI Oversteps With Expansive Restatement Of Contract Law

  

  The American Law Institute's consumer contracts restatement project, which members are scheduled to vote on at the ALI's upcoming annual meeting, could upend the established law of contracts, and encourage specious class actions and nullification of arbitration agreements, says Sherman Joyce at the American Tort Reform Association.

• 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.

• 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.

• 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.

• Opinion

  Biden Should Act Now To Finalize SEP Draft Policy Statement

  

  In the wake of the public comment period on proposed revisions to standard-essential patent policy, which revealed overwhelming support for the changes, the Biden administration should finalize the draft statement, says Brian Scarpelli at ACT | The App Association.

• 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.

• Why Contempt May Be Apt Punishment For High Court Leaker

  

  Contempt of court is an overlooked but potentially effective tool to punish whoever leaked the draft opinion overruling Roe v. Wade and protect the integrity of the U.S. Supreme Court, says Michael Zuckerman at Zuckerman Dispute Resolution.

• Assessing Litigation Uses Of USPTO 5G Development Study

  

  Jonathan Putnam at Competition Dynamics evaluates the arguments for and against studies like the U.S. Patent and Trademark Office's recent examination of 5G developers' patent activities, analyzing whether such assessments are reliable for litigation.

• Opinion

  Clients' Diversity Mandates For Law Firms Are Necessary

  

  Coca-Cola recently scrapped its proposed diversity staffing requirements for outside counsel, and other companies may be reassessing their mandates due to external pressures, but it is important to remember the myriad factors supporting these policies and why they are more important now than ever before, says David Hopkins at Benesch Friedlander.

• Opinion

  5th Circ. Antitrust Ruling Misinterprets FRAND's Purpose

  

  The Fifth Circuit's recent antitrust decision in Continental Automotive v. Avanci presented an overly narrow reading of fair, reasonable and nondiscriminatory commitment, and will undermine the intended benefits of FRAND licensing and pose particular challenges to emerging innovations for the Internet of Things, say Timothy Syrett and David Katz at WilmerHale.

• 5 Questions That Can Help Law Firms Win RFPs

  

  As the volume of matter-specific requests for proposals continues to increase in the legal market, law firms can take some new steps to fine-tune their RFP response-drafting process and strategy, says Matthew Prinn at RFP Advisory Group.

• What 9th Circ.'s CFAA Decision Means For Data Scraping

  

  The Ninth Circuit's recent decision in HiQ Labs v. LinkedIn suggests that plaintiffs relying on the Computer Fraud and Abuse Act to assert claims against data-scraping activities may need to find alternative theories of liability, says Christopher Cole at Crowell & Moring.

• How Law Firms Can Employ More Veterans

  

  Hiring attorneys who are veterans is often overlooked in law firm diversity, equity and inclusion plans, even though it generates substantial benefits, but partnering with like-minded organizations and having a robust and active veterans group will go a long way in boosting a firm's ability to recruit and retain veterans, say Daniel Sylvester and Nicholas Hasenfus at Holland & Knight.

• Associates, Look Beyond Money In Assessing Lateral Offers

  

  In the face of high demand for corporate legal work and persistent staffing constraints, many law firms continue to offer sizable signing bonuses to new associates, but lateral candidates should remember that money is just one component of what should be a much broader assessment, says Stephanie Ruiter at Lateral Link.

• Preventing Impermissible Client Solicitation After ABA Opinion

  

  Following the American Bar Association's recent opinion on the limitations on client solicitation, attorneys at Harris Wiltshire examine the principal rules that govern a lawyer's ethical duties with respect to solicitation, explain how those rules vary by jurisdiction, and provide some practical tips for ensuring compliance.