Commercial Contracts

Expert Analysis

• New Construction Trends And Their Impact On Contracts

  

  Trends and technologies such as performance-based and resilience-oriented design, modular construction, and the use of drones are changing complex construction and engineering projects — and will require careful consideration and analysis during project negotiation and contracting, say attorneys with Mayer Brown LLP and engineers with Exponent Inc.

• It’s Time For Law Firms To Start Talking About Gen Z

  

  Since the oldest members of Generation Z aren’t even finished with law school yet, law firm management is in a unique position to prepare for their entrance into the legal workforce, says Eliza Stoker of Major Lindsey & Africa.

• Employee Nonsolicitation Terms Now Likely Void In California

  

  In AMN Healthcare v. Aya Healthcare Services, a California appellate court recently held that employee nonsolicitation agreements are void unless they fall within one of three statutory exceptions, clearing up uncertainty about their enforceability in the state, say Dylan Wiseman and Alexandra Grayner at Buchalter PC.

• AAA Arbitration: An Overview For Employment Lawyers

  Excerpt from Lexis Practice Advisor

  

  Julia Jordan and Christina Andersen of Sullivan & Cromwell LLP provide guidance on arbitrating employment-related disputes before the American Arbitration Association and summarize what practitioners might expect during various aspects of the process.

• Q&A

  Back To School: Yale's Linda Greenhouse Talks Journalism

  

  In this series featuring law school luminaries, Yale Law School lecturer and Pulitzer Prize-winning reporter Linda Greenhouse discusses her coverage of the U.S. Supreme Court, the conservatives' long game and trends in journalism.

• Opinion

  Celebrate Veterans By Improving Their Access To Justice

  

  Attorneys should think beyond the Veterans Day parades and use their time and talents to help the many veterans facing urgent legal issues, says Linda Klein of Baker Donelson Bearman Caldwell & Berkowitz PC.

• Considering Blockchain In The Electricity Industry

  

  Because blockchain could fundamentally change how electricity is supplied and consumed in the future, traditional utilities should consider ways to leverage this technology, while regulators must update practices that impede the use of blockchain in the industry, say attorneys at Sheppard Mullin Richter & Hamilton LLP.

• Opinion

  Time To Reclaim Wellness For All Lawyers

  

  The decision last month by Baker McKenzie’s global chairman to step down due to exhaustion indicates that the legal profession needs to mount a broader wellness effort to address long hours, high stress, frequent travel and the daily demands of practice, says Leesa Klepper, director of Thrivewell Coaching.

• A Look At Tax Code Section 199's Last Stand

  

  The IRS has increased scrutiny for Internal Revenue Code Section 199 deductions taken against profits from film, computer software, electricity, natural gas, potable water, tangible personal property and certain sound recordings. Though 199 was repealed by tax reform, battles over this contentious deduction are sure to continue for some time, say attorneys at McDermott Will & Emery LLP.

• A Guide To Reclassifying Calif. Workers Post-Dynamex

  

  As the tax year ends, many employers are looking for guidance on how to transition independent contractors to part-time, on-call employees in light of the California Supreme Court’s Dynamex decision. The keys are thoughtful planning and careful communications, says Camille Gustafson of Paul Plevin Sullivan & Connaughton LLP.