Expert Analysis

• Opinion

  Lawsuits Shouldn't Be Shadow Assets For Foreign Capital

  

  Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.

• How To Accelerate Your Post-Attorney Career Transition

  

  Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.

• Series

  Law School's Missed Lessons: Be An Indispensable Associate

  

  While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.

• The Path Forward For Construction Cos. After Calif. Wildfires

  

  The increasing frequency of disastrous wildfires, like those that recently occurred in California, presents a set of complex challenges for the construction industry, including regulatory hurdles and supply chain disruptions that can complicate rebuilding efforts, say attorneys at Cozen O'Connor.

• Series

  Birding Makes Me A Better Lawyer

  

  Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.

• What Pending FCPA Trials Suggest About DOJ Priorities

  

  Following President Donald Trump's executive order in February instructing the U.S. Department of Justice to temporarily pause enforcement of the Foreign Corrupt Practices Act, developments surrounding five FCPA cases already set for trial provide a glimpse into how the DOJ is attempting to navigate the situation at hand, say attorneys at Covington.

• Series

  Calif. Banking Brief: All The Notable Legal Updates In Q1

  

  Among the most notable developments in California banking in the first quarter of the year, regulators and legislators issued regulations interpreting debt collection laws, stepped up enforcement actions, and expanded consumer protections for those affected by wildfires, says Stephen Britt at Severson & Werson.

• Inside State AGs' Arguments Defending The CFPB

  

  Recent amicus briefs filed by a coalition of 23 attorneys general argue that the Trump administration's efforts to dismantle the Consumer Financial Protection Bureau will irreparably harm consumers in several key areas, making clear that states are preparing to fill in any enforcement gaps, say attorneys at Kelley Drye.

• Series

  Adapting To Private Practice: From DOJ Leadership To BigLaw

  

  The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.

• In-House Expert Testimony Is Tricky, But Worth Considering

  

  Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.

• Reconciling 2 Smoke Coverage Cases From California

  

  As highlighted by a California Department of Insurance bulletin clarifying the effect of two recent decisions on insurance coverage, the February state appellate ruling denying coverage for property damage from smoke, ash and soot should be viewed as an outlier, say attorneys at Reed Smith.

• State Extended Producer Responsibility Laws: Tips For Cos.

  

  As states increasingly shift the onus of end-of-life product management from consumers and local governments to the businesses that produce, distribute or sell certain items, companies must track the changing landscape and evaluate the applicability of these new laws and regulations to their operations, say attorneys at Alston & Bird.

• Nev. Fraud Ruling Raises Stakes For Proxy Battles

  

  Though a Nevada federal court’s recent U.S. v. Boruchowitz decision involved unusual facts, the court's ruling that board members can be defrauded of their seat through misrepresentations increases fraud risks in more typical circumstances involving board elections, especially proxy fights, say attorneys at ArentFox Schiff.

• Law Firm Executive Orders Create A Legal Ethics Minefield

  

  Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.

• Reviewing Calif. Push To Restrict Private Equity In Healthcare

  

  A recent proposed bill in California aims to broaden the state's existing corporate practice of medicine restrictions, so investors must ensure that there is clear delineation between private equity investment in practice management and physicians' clinical decision-making, say attorneys at Debevoise.