Expert Analysis

• Opinion

  Section 1983 Has Promise After End Of Nationwide Injunctions

  

  After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.

• Corp. Human Rights Regulatory Landscape Is Fragmented

  

  Given the complexity of compliance with nations' overlapping human rights laws, multinational companies need to be cognizant of the evolving approaches to modern slavery transparency, and proposals that could reduce mandatory due diligence and reporting requirements, say attorneys at Simpson Thacher.

• Opinion

  Premerger Settlements Don't Meet Standard For Bribery

  

  Claims that Paramount’s decision to settle a lawsuit with President Donald Trump while it was undergoing a premerger regulatory review amounts to a quid pro quo misconstrue bribery law and ignore how modern legal departments operate, says Ediberto Román at the Florida International University College of Law.

• Series

  Playing Soccer Makes Me A Better Lawyer

  

  Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.

• Forced Labor Bans Hold Steady Amid Shifts In Global Trade

  

  As businesses try to navigate shifting regulatory trends affecting human rights and sustainability, forced labor import bans present a zone of relative stability, notwithstanding outstanding questions about the future of enforcement, say attorneys at Simpson Thacher.

• Series

  Law School's Missed Lessons: Learning From Failure

  

  While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.

• Recent Decisions Caution Against Broad Indemnity Provisions

  

  Two recent decisions in disparate jurisdictions are reminders that businesses and practitioners should be mindful of contractual indemnity rights and draft indemnity provisions that enhance the predictability of enforceability without being overly broad, says Gregory Jaske at Olshan Frome.

• Series

  Adapting To Private Practice: From ATF Director To BigLaw

  

  As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.

• Tips For US Investors Eyeing Middle East Data Centers

  

  While Middle East data center investment presents a compelling opportunity in light of renewed U.S.-Gulf cooperation on artificial intelligence and critical technologies, these projects require a nuanced understanding of regional legal and regulatory regimes, says Haykel Hajjaji at Covington.

• 4th Circ. Favors Plain Meaning In Bump-Up D&O Ruling

  

  The Fourth Circuit's latest denial of indemnity coverage in Towers Watson v. National Union Fire Insurance and its previous ruling in this case lay out a pragmatic approach to bump-up provisions that avoids hypertechnical constructions to limit the effect of a policy's plain meaning, say attorneys at Kennedys.

• Series

  Playing Baseball Makes Me A Better Lawyer

  

  Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.

• Series

  Law School's Missed Lessons: Skillful Persuasion

  

  In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.

• Litigation Inspiration: How To Respond After A Loss

  

  Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.

• The Metamorphosis Of The Major Questions Doctrine

  

  The so-called major questions doctrine arose as a counterweight to Chevron deference over the past few decades, but invocations of the doctrine have persisted in the year since Chevron was overturned, suggesting it still has a role to play in reining in agency overreach, say attorneys at Crowell & Moring.

• Series

  Playing Mah-Jongg Makes Me A Better Mediator

  

  Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.