Commercial Contracts

Expert Analysis

• Remembering Justice Stevens As A Law Firm Leader

  

  Rothschild Barry's John Coffey, who joined Justice John Paul Stevens' law firm in 1965, shares what it was like to watch Justice Stevens practice law, mentor younger lawyers and land a malfunctioning plane.

• Keeping Conventional Power Going Until Renewables Mature

  

  The U.S. Department of Energy, the Federal Energy Regulatory Commission and state regulators have a handful of tools to compel generators to delay the retirement of nuclear, coal and gas plants until greener options are more reliable, but their scope has not yet been tested in court, says Gordon Coffee at Winston & Strawn.

• Answers To Key Legal Finance Ethics Questions

  

  While there is discussion in some quarters about new regulations on commercial legal finance, the hands-off approach taken by the majority of courts and legislatures is an implicit recognition that it is already sufficiently regulated, says Danielle Cutrona of Burford Capital.

• Federal Agencies Need A Uniform Record-Keeping Process

  

  The administrative record is very important to federal agency litigation — as showcased in last month's U.S. Supreme Court decision concerning the addition of a citizenship question to the 2020 census — yet there is no set of consistent principles to guide agencies in compiling these official records, say attorneys at WilmerHale.

• The Role Of Dictionaries In Last Term's High Court Decisions

  

  Since 32 of the 67 decisions issued by the U.S. Supreme Court during its October term cite dictionaries, it’s worth reviewing the opinions to learn which dictionaries the justices consulted and how they used them, say Bruce Wessel and Brian Weissenberg of Irell & Manella.

• How To Evaluate The Rise In Legal Employment

  

  Although the rate of employment for law school graduates — which had been falling steadily — saw a small increase over the last year, other factors, such as fewer graduates overall and potential future job growth stagnation, temper the good news for those pursuing law degrees, say Tiffane Cochran and Tyler Grimm of AccessLex Institute.

• Colo. High Court Defies Contract Damages Precedent

  

  The recent Colorado Supreme Court opinion in Bermel v. BlueRadios could open the door to recovery of a form of punitive damages for breach of contract — a traditionally unavailable remedy that could lead to an increase in commercial litigation, says Perry Glantz of Stinson.

• Opinion

  The Business Case For Championing Diverse Legal Teams

  

  Leveraging the collective strengths of a diverse workforce is not only the right thing to do, it’s a strategic imperative for any successful firm or business, says Louise Pentland, executive vice president and chief business affairs and legal officer of PayPal.

• The Art Of The 'Science And Expert Team' In Mass Torts

  

  Science is at the foundation of mass tort lawsuits involving drugs or medical devices. Critical to a virtual law team in these cases, the "science and expert team" does more than get into the weeds of scientific issues and retain experts, say attorneys at FaegreBD, Peabody & Arnold and Shook Hardy.

• Misconceptions In The Debate About Noncompetes

  

  The scope of noncompete abuses needs to be put in context, so policymakers can understand how widespread the problem actually is and how to properly tailor any legislation, says Russell Beck of Beck Reed.

• China's Take On Take-Or-Pay, Most-Favored-Nation Clauses

  

  The recent Eastman decision is the first time that China's anti-monopoly authority analyzed the competition problems of take-or-pay and most-favored-nation clauses, and provides some compliance reminders, say attorneys at Tian Yuan Law Firm.

• Rethinking The Tech-First Approach To Law Firm Solutions

  

  When a lawyer complains about some workflow inefficiency they are having, the knee-jerk reaction of many firms is to look for a technology-based workaround. This overlooks the importance of human psychology and behavior, which may be the root of the problem, says Ryan Steadman of Zero.

• When Firms Can't Access Their Financial Advisers' Tech Tools

  

  A recent data breach involving Redtail’s client relationship management tool, widely used by financial advisers, highlights the challenges and risks faced by firms in monitoring their advisers' regulatory compliance, say attorneys at McGuireWoods.

• A Look At Del. Compliance Standards For Notice Provisions

  

  Recent cases in Delaware's Court of Chancery indicate that failure to strictly comply with a notice provision may occasionally be excused if contracting parties can show "substantial compliance," say Lance Phillips and Danielle Simms of Skadden.

• Top 10 Techniques For Crafting A Dazzling Brief

  

  Legal writing often falls flat not because it’s unorganized, but because it’s technically unsound and riddled with gaffes that cheapen and degrade it. Avoiding the most common mistakes will keep judges interested and, most importantly, make them trust you, says Daniel Karon of Karon LLC.