Expert Analysis

• A Law Firm's Guide To Avoiding Client Conflicts

  

  With the pace of law firm mergers accelerating, Mark Hinderks at Stinson reviews the conflict of interest rules that may derail a deal or cause a firm to lose a new or existing client, and how courts have filled in perceived gaps in the rules.

• Understanding DC Circ.'s Agency Rule Withdrawal Debate

  

  The D.C. Circuit's recent ruling that an agency must provide notice and an opportunity for comment when withdrawing a rule that has been filed for public inspection but not yet published in the Federal Register features a vigorous debate on the "point of no return" issue that has significant practical consequences whenever there is a change in administration, says Steven Gordon at Holland & Knight.

• Considerations For Associates As Lateral Hiring Cools Down

  

  Law firms are offering fewer signing bonuses and moving back to slower, more deliberate interview processes — a cue for associates to follow suit and consider the long-term advantages of a move instead of short-term financial gain, says Leeron Molloy at VOYlegal.

• DeFi Participants Must Prepare For Potential Bankruptcies

  

  As recent turmoil in the cryptocurrency markets spotlights decentralized finance platforms, it is critical for participants to consider how a DeFi platform bankruptcy would operate compared to other financial institution bankruptcy cases, say attorneys at DLA Piper.

• Justices' EPA Ruling Didn't Move Needle On Chevron Doctrine

  

  Though some suggest the U.S. Supreme Court’s recent decision in West Virginia v. U.S. Environmental Protection Agency marked the end of a doctrine requiring judicial deference to federal regulators, the ruling merely articulated well-developed precedent on the limits of agency authority, say Dan Wolff and Eryn Howington at Crowell & Moring.

• Implications Of SEC Coinbase Case For Token Offerings

  

  The U.S. Securities and Exchange Commission’s recent insider trading charges against a former Coinbase manager stand to be the best indication yet of the SEC's application of securities laws to tokens, and prudent gatekeepers should be aware of the factors the SEC relies on to prove its case, say Emily Garnett and Katelynn Bradley at Brownstein Hyatt.

• Ethics Lessons From The Alex Jones Discovery Debacle

  

  The botched production of a cache of texts and emails prior to Alex Jones' defamation trial, and a failure to take corrective actions, should remind attorneys of the potential pitfalls of discovery, their professional responsibilities throughout the process, and the possibility of severe sanctions, say attorneys at Harris Wiltshire.

• Opinion

  Market Drops Show Tech Antitrust Reform Isn't Needed

  

  Recent equity market declines — and technology history — cast doubt on the staying power of the tech platform lock-in effects used to justify proposed antitrust regulatory and legislative interventions, says Jonathan Barnett at the University of Southern California.

• Perspectives And Tips For Capital Markets Associates

  Excerpt from Practical Guidance

  

  Jonathan Schulman at Perkins Coie provides an overview of capital markets practice for associates, describing typical transaction types and common tasks, with practical tips about handling them successfully and taking advantage of learning opportunities.

• Opinion

  How DOL Can Improve Proposed ESG Investment Rule

  

  The U.S. Department of Labor’s soon-to-be-finalized rule on environmental, social and corporate governance considerations for retirement plan investments should be revised to avoid questionable market assumptions and to better facilitate fiduciaries’ regard for ESG factors, says Brantley Webb at Mayer Brown.

• FinCEN's No-Action Letter Plan May Have Limited Impact

  

  The Financial Crimes Enforcement Network's recently proposed no-action letter process for anti-money laundering compliance could provide clarity to financial services companies and promote their growth, but may also be limited by FinCEN's resources, approach and the lack of cross-regulator input, say Marc-Alain Galeazzi and Malka Levitin at MoFo.

• Rulings Limiting Federal Agencies May Lead Congress To Act

  

  Recent U.S. Supreme Court and Fifth Circuit rulings illustrate the judiciary’s growing skepticism of federal government agencies’ influence, which could prompt Congress to respond by limiting judicial power, says David Coale at Lynn Pinker.

• Combating Implicit Bias In Alternative Dispute Resolution

  

  Alternative dispute resolution requires a high degree of trust and belief that proceedings will be fair, so confronting implicit associations among neutrals through systemic and personal efforts is even more important in the ADR world, say arbitrators and mediators at JAMS.

• How The Metaverse Will Affect Business And Legal Processes

  

  It is time to start thinking about virtual reality's effects on cybersecurity, business dealings, case strategy and more, as the metaverse takes shape and organizations open banks, host law firm offices and create retail strategies digitally, says Samantha Green at Epiq. 

• Crypto Litigation Claims, Defenses Industry Should Watch

  

  Philip Stein at Bilzin Sumberg discusses common claims and counterarguments in recent cryptocurrency litigation that stakeholders should be aware of as declining investment value and the growing likelihood of new government regulation render the industry increasingly vulnerable.