Aerospace & Defense

Expert Analysis

• Ethics Tips For Attorneys Telecommuting Across State Lines

  

  Attorneys working remotely from jurisdictions in which they are not admitted should take precautionary steps to avoid engaging in unauthorized practice of law, say John Schmidt and Michael Seaman at Phillips Lytle.

• 6 Ways Legal Employers Can Help Pandemic-Weary Parents

  

  Parenting during the pandemic has introduced a series of competing personal and professional obligations for attorneys and professional staff, and even organizations that are supportive of their parent employees can take steps to do better, says Meredith Kahan at Saul Ewing.

• Questions Loom About DOJ Dismissal Power In FCA Suits

  

  The Second Circuit's recent decision to grant a U.S. Department of Justice motion to dismiss a False Claims Act suit, without weighing in on the standard for assessing the agency’s decision, illustrates a significant trend, given an increase in agency dismissals and the expected uptick in FCA cases amid the pandemic, say attorneys at Baker Botts.

• SBA Vendor Report Overlooks Implicit Contract Ratification

  

  A recent report from the U.S. Small Business Administration's Office of Inspector General directs unauthorized vendor commitments to be remedied under a federal acquisition regulation, but fails to consider that the government may have already implicitly ratified some agreements, say attorneys at Venable.

• Remote Working Tips For Lawyer Trainees And Their Firms

  

  The prospect of joining a law firm during the pandemic can cause added pressure, but with a few good practices — and a little help from their firms and supervising attorneys — lawyer trainees can get ahead of the curve while working remotely, say William Morris and Ted Landray at King & Spalding.

• Mitigate Key FCPA Risks With Tailor-Made Compliance

  

  Multinational companies should take a pragmatic approach to Foreign Corrupt Practices Act compliance by being aware of key risk areas — such as inappropriate gift-giving, liability for third-party actions, and countries with recurring corruption issues — and implementing custom-designed procedures that evolve with their operations, says Howard Weissman at Miller Canfield.

• Clean Water Act Ruling Could Obstruct Future Permitting

  

  A Minnesota federal court's recent ruling that the U.S. Environmental Protection Agency must review applications for federally licensed discharges issued under the Clean Water Act to determine water quality effects in other states could complicate the permitting process, says David Fotouhi at Gibson Dunn.

• What Biden's Ethics Pledge Means For Gov't Revolving Door

  

  Attorneys at Nossaman look at how President Joe Biden’s ethics pledge goes beyond those of his predecessors by imposing post-employment shadow lobbying and golden parachute restrictions on his administration’s appointees — and how a House bill proposing expansion of federal ethics law could affect enforcement.

• Opinion

  Punishing Bar Exam Policies On Menstrual Products Must Go

  

  Law graduates across the states are sitting for the grueling two-day bar exam this week despite menstruation-related barriers, such as inadequate menstrual product and bathroom access, which could be eradicated with simple policy tweaks, say law professors Elizabeth Cooper, Margaret Johnson and Marcy Karin.

• Transaction Toolkit For A More Litigious M&A Environment

  

  As transaction disputes rise amid evolving market conditions, certain strategies can help companies mitigate risk while remaining live to M&A opportunities, say attorneys at Freshfields.

• Opinion

  Congress' Expansion Of SEC Disgorgement Was Irresponsible

  

  Congress rushed through a National Defense Authorization Act provision that upended sensible restrictions on the U.S. Securities and Exchange Commission's ability to collect disgorgement, cementing the agency's ill-suited role as governmental debt collector for private investor losses, says Russell Ryan at King & Spalding.

• It's Time For Law Firms To Start Loving And Leveraging Data

  

  The volume and diversity of data managed by law firms today — from client files to internal financial records — may seem daunting, but when properly organized, good data can help practitioners stay competitive by providing sharper insight into firm resources and cost of work, say Jaron Luttich and Barry Wiggins at Element Standard.

• Keys To Protecting Clients During Law Firm Dissolution

  

  Whether a law firm dissolution is amicable or adversarial, departing attorneys should take steps to maintain their legal and ethical responsibilities toward clients, and beware client confidentiality pitfalls when joining new firms, say John Schmidt and Colin Fitzgerald at Phillips Lytle.

• Legal Pitfalls HOAs Should Avoid When Using Drones

  

  As drone technology becomes more advanced and accessible, more homeowners associations are beginning to use drones to enforce covenants, but they must be careful to avoid three areas of potential legal liability, say Gary Kaleita and Ty Pryor at Lowndes Drosdick.

• DOD's New Cyber Rules May Spur Contract Disputes

  

  Contractors adapting to solicitations and contracts that include new cybersecurity assessment requirements from the U.S. Department of Defense should familiarize themselves with adjacent new areas for contract disputes and the potential avenues for relief should a controversy arise, say attorneys at Rogers Joseph.