Commercial Contracts

Expert Analysis

• A Gov't Contractor's Road Map To Biden Cybersecurity Order

  

  Following President Joe Biden's recent executive order to improve U.S. cybersecurity, Justin Chiarodo and Sharon Klein at Blank Rome highlight how four key elements will particularly affect government contractors and their suppliers, and what contractors should expect as they prepare to operate in a new compliance environment.

• A Biz Strategy Model To Improve Lateral Atty Hiring Diversity

  

  Quantitative comparison tools commonly used by companies in evaluating merger targets will allow law firms to assess lateral hire candidates in a demographically neutral manner, help remove bias from the hiring process and bring real diversity to the legal profession, says Thomas Latino at Florida State University.

• Pa. No-Hire Pact Ruling Holds Hidden Noncompete Lesson

  

  The Pennsylvania Supreme Court’s recent decision that a no-hire agreement between businesses was unenforceable in Pittsburgh Logistics Systems v. Beemac Trucking creates uncertainty for the use of such pacts, but a closer look at the case reveals a more important takeaway concerning the use of employee noncompetes to protect business interests, says Paul Greco at Fisher Phillips.

• Smaller Firms Need Employee Wellness Programs, Too

  

  As we emerge from the pandemic, small and midsize firms — which offer an ideal setting for companywide connection — should follow in the footsteps of larger organizations and heed the American Bar Association’s recommendations by adopting well-being initiatives and appointing a chief wellness officer, says Janine Pollack at Calcaterra Pollack.

• Stop Networking, Start Relationship Marketing

  

  USA 500 Clubs' Joe Chatham offers four tips for lawyers to get started with relationship marketing — an approach to business development that prioritizes authentic connections — and explains why it may be more helpful than traditional networking post-pandemic.

• When Your 9th Circ. Case Needs California High Court Input

  

  With the Ninth Circuit increasingly certifying state law questions to the California Supreme Court, litigants should pay careful attention to the rules for ancillary proceedings, study recent issues the state high court decided on certification, and consider strategic options, say attorneys at Buchalter.

• Pitfalls To Avoid When Drafting And Enforcing NDAs

  

  Recent state and federal court decisions offer lessons for drafting nondisclosure agreements that minimize potential challenges and maximize legal enforceability, say Sonia Baldia and Alexander Borovsky at Kilpatrick.

• What Attorneys Should Know About Fee Deferral

  

  Milestone Consulting’s John Bair explores contingency-fee structuring considerations for attorneys, laying out the advantages — such as tax benefits and income control — as well as caveats and investment options.

• Predictions On Pandemic's Lasting Impact On Legal Education

  

  The pandemic accelerated the pace of technological change for legal education, and some of the changes to how law school courses are taught and on-campus interviews are conducted may be here to stay, says Leonard Baynes at the University of Houston.

• 5 Steps Oil And Gas Cos. Can Take To Manage Cyber Risk

  

  In light of the recent ransomware attack on Colonial Pipeline, oil and gas companies should consider potential legal exposure from cybersecurity breaches, implement plans and procedures for dealing with such incidents, and review vulnerabilities related to external parties, says Valerie Hatami at Conner & Winters.

• 3 Approaches For Measuring Short Squeeze Trading Damages

  

  In the ongoing multidistrict securities litigation over the impact of trading restrictions Robinhood imposed in response to January’s meme stock short squeeze, three proposed damages frameworks offer alternatives to the problematic approach of basing such estimates on lost trading opportunities, say consultants at Analytic Focus.

• Opinion

  Ill. Noncompete Reform Balances Employee And Biz Interests

  

  The noncompete bill recently passed by the Illinois Legislature protects due process for workers while preserving employers' ability to guard business assets — a rare political compromise that may reduce noncompete litigation but increase the chances of enforceability in court, say Peter Steinmeyer and Brian Spang at Epstein Becker.

• Lawyer Perfectionism Is A Disease We Can Control

  

  The pursuit of perfection that is prevalent among lawyers can lead to depression, anxiety and other mental health impacts, but new attorneys and industry leaders alike can take four steps to treat this malady, says Liam Montgomery at Williams & Connolly.

• Collaborative Contracting Can Help Combat Bias In AI

  

  To mitigate bias in artificial intelligence technology amid pending EU and U.S. regulations, contracting companies should consider each party's role in controlling for bias, rather than applying binary liability allocations, say Boris Segalis and Joshua Fattal at Goodwin and independent attorney Neal Dittersdorf.

• 5 Tips To Help Your 2021 Summer Associates Succeed

  

  Despite pandemic-related challenges this year, law firms can effectively train summer associates on writing and communicating — without investing more time than they ordinarily would, says Julie Schrager at Schiff Hardin.