Expert Analysis

• Opinion

  Benefits Ruling Shows Need For Revised ERISA Procedure

  

  The Ninth Circuit's recent ruling in Collier v. Lincoln Life Assurance demonstrates that not only are there no uniform court procedures for Employee Retirement Income Security Act litigation, the Federal Rules of Civil Procedure are not always followed, demanding a reappraisal of ERISA civil procedure, says Mark DeBofsky at DeBofsky Law.

• Lessons From Bittrex's Settlements With OFAC And FinCEN

  

  Bittrex’s recent settlements with the Office of Foreign Assets Control and Financial Crimes Enforcement Network over allegations it violated sanctions and anti-money laundering laws provide lessons for crypto companies that engage in cross-border financial transactions, especially when they rely on third-party compliance vendors, say attorneys at Greenberg Traurig.

• Could State Ownership Solve US Cannabis Policy Issues?

  

  Provincial cannabis wholesalers in Canada are enjoying huge profits, begging the question of whether a government-owned cannabis model could eventually be replicated in the U.S. to tackle issues ranging from social equity to overproduction — but this would undoubtedly introduce other complex challenges, says Hilary Bricken at Harris Bricken.

• Opinion

  Law Schools Are Right To Steer Clear Of US News Rankings

  

  By opting out of participating in the U.S. News & World Report annual rankings, law schools abandon a profoundly flawed system and free up their resources to adapt to the tsunami of changes overtaking the profession, says Nicholas Allard at Jacksonville University College of Law.

• Opinion

  Litigation Funders Seek Transparency In Disclosure Debate

  

  Litigation funders want to correct the record on calls for funding disclosure in the name of transparency, as this purported justification obscures the disclosure's adverse effects — prejudicing plaintiffs' cases and discouraging the assertion of meritorious legal claims, say Dai Wai Chin Feman and William Weisman at Parabellum Capital.

• Does NLRA Preempt Suits Against Unions For Strike Damage?

  

  The U.S. Supreme Court is taking up Glacier v. Teamsters Local 174, whose central issue is whether the National Labor Relations Act preempts state lawsuits brought against unions for causing property damage while conducting strikes, which will affect the balance of power between unions and employers during labor disputes, say Michael Warner and Jenny Lee at Franczek.

• 5 Principles For Better Professional Development Programs

  

  The pandemic and ensuing "great resignation" have resulted in a more transient legal work force, but law firms can use effective professional development programs to bridge a cultural gap with new associates and stem associate attrition, says Matthew Woods at Robins Kaplan.

• Beware FTC's Expanded Focus On Private Equity, Individuals

  

  The Federal Trade Commission's recent policy statement broadening its interpretation of unfair methods of competition signals an expanded focus that could have far-reaching implications for future private equity acquisitions, as well as the potential to discourage executives from taking top positions at companies, say attorneys at Baker McKenzie.

• Series

  My Favorite Law Prof: How I Learned To Practice With Passion

  

  First Circuit Judge Gustavo Gelpí recalls how Suffolk University Law School's Joseph Glannon taught the importance of the law as both a tool and a profession, and that those who wish to practice law successfully must do so with love, enthusiasm and passion.

• State AG Consumer Protection Shift Isn't An Election Fad

  

  We are starting to see the first signs of a new state attorney general consumer enforcement paradigm emerge — with creative use of most favored nation clauses as structural tools — and that is unlikely to end when the last ballot is counted for the 2022 election, says O.H. Skinner at Alliance for Consumers.

• Questions To Ask Before Making A Lateral Move As Partner

  

  Law firm partners considering lateral moves should diligently interview prospects — going beyond standard questions about compensation to inquire about culture, associate retention and other areas that can provide a more comprehensive view, says Lauren Wu at VOYLegal.

• Series

  My Favorite Law Prof: How I Learned To Argue Open-Mindedly

  

  Queens College President Frank Wu reflects on how Yale Kamisar’s teaching and guidance at the University of Michigan Law School emphasized a capacity to engage with alternative worldviews and the importance of the ability to argue for both sides of a debate.

• ABA's No-Contact Rule Advice Raises Questions For Lawyers

  

  The American Bar Association's ethics committee recently issued two opinions concerning the no-contact rule — one creates an intuitive and practical default for electronic communications, while the other sets a potential trap for pro se lawyers, say Lauren Snyder and Deepika Ravi at HWG.

• 4 Key Skills For An Effective Attorney Coaching Conversation

  

  As BigLaw firms are increasingly offering internal coaching as one of many talent strategies to stem ongoing lawyer attrition, Stacey Schwartz at Katten discusses how coaches can help attorneys achieve their goals.

• Perspectives

  How Civilian Attorneys Can Help Veterans

  

  With legal aid topping the U.S. Department of Veterans Affairs' annual list of unmet needs of veterans facing housing insecurity, nonmilitary volunteer attorneys can provide some of the most effective legal services to military and veteran clients, say Anna Richardson at Veterans Legal Services and Nicholas Hasenfus at Holland & Knight.