Competition

Arizona May Have Nudged US Law Firms Toward Future IPOs

No U.S. law firm has its shares listed on a public stock exchange unlike some lucrative overseas counterparts, but by allowing nonattorneys to become stakeholders in law firms, Arizona may have paved the way for this to change should other U.S. states — particularly New York — follow suit, says Marc Lieberman at Kutak Rock.

FTC Authority To Obtain Monetary Relief May Be Under Threat

Although justices asked difficult questions of both sides at the recent U.S. Supreme Court oral arguments in AMG v. Federal Trade Commission, they expressed significant skepticism of the FTC's implicit authority to seek restitution and disgorgement of the proceeds of fraud and other misconduct, say attorneys at Sullivan & Cromwell.

Lessons From Economic Testimony In 2020 Merger Litigation

A look back at 2020 antitrust cases shows why economic evidence is likely to remain a key element in merger-enforcement litigation, despite the occasional anomaly, says Julie Elmer at Freshfields.

4 Legal Industry Trends Litigation Financiers Are Watching

Some recent litigation developments demonstrate efforts by law firms and their clients to search for opportunities in the COVID-19 economic fallout, while others — such as the rise of contingency fee arrangements — reflect acceleration of tendencies that were already underway, says William Weisman at Therium Capital.

A Lawyer's Guide To Setting Well-Being Goals In 2021

In the face of rising client demands due to the pandemic and the changing regulatory environment, and with remote work continuing for the foreseeable future, lawyers should invest in their well-being by establishing inspiring yet realistic goals for 2021 — one month at a time, says Krista Larson at Morgan Lewis.

Keyword Searches To Improve Your Privilege Doc Review

"Confidential" and other search terms commonly used to locate privileged documents during e-discovery are pretty ineffective, so practitioners should consider including specific types of keywords that are demonstrably better at targeting privilege, say Robert Keeling at Sidley and Rishi Chhatwal at AT&T.

State AGs' 2020 Actions Offer Hints At 2021 Priorities

A review of state attorney general actions in 2020 addressing consumer concerns including data privacy, product safety and marketplace competition can help companies prepare for the expected regulatory enforcement wave in 2021, say attorneys at Troutman Pepper.

Opinion

A Law Of The Digital Sea Could Expand Data Rights, Oversight

Democracies should implement a law of the digital sea that can balance innovation with individual rights and national security by mandating personal ownership of data, rigorously enforcing antitrust law, and empowering agencies like the Consumer Financial Protection Bureau to grade cyberhygiene, says Luke Schleusener at QOMPLX.

ABA Approves Remote Practice, But Questions Remain

Lawyers working remotely during the pandemic while physically outside the jurisdictions in which they are licensed will find some comfort in a recent American Bar Association opinion sanctioning such practice, but there is ambiguity regarding the contours of what's allowed, say attorneys at Harris Wiltshire.

Keys To Creating Standout Law Firm Thought Leadership

Whether geared toward a global audience or a particular client, a law firm's articles, blog posts and client alerts should strive to be original by harnessing a few editorial tools and following the right distribution sequence, say Steven Andersen and Tal Donahue at Infinite Global.

PPP Enforcement Issues To Watch In 2021

Derek Adams at Potomac Law, and Ellen London and Steven Deolus at Alto Litigation, examine the evolution of the Paycheck Protection Program, the impact of constant changes to eligibility and reporting rules, and enforcement developments to expect this year.

Perspectives

Judges On Race: The Power Of Discretion In Criminal Justice

Judges should take into consideration the several points of law enforcement and prosecutorial discretion — from traffic stops to charging decisions and sentencing recommendations — that often lead to race-based disparate treatment before a criminal defendant even reaches the courthouse, say Judge Juan Villaseñor and Laurel Quinto at Colorado's Eighth Judicial District Court.

5 Attorney Business Development Tips For The New Year

Lawyers should remember that the basics of interpersonal relationships have not changed despite the completely virtual environment caused by the pandemic, and should leverage the new year as an excuse to connect with clients in several ways, say Megan Senese and Courtney Hudson at Pillsbury.

10 Ways Antitrust Scrutiny Is Heating Up In 2021

Companies must prepare to navigate a storm of antitrust forces on the horizon, with the potential for more aggressive antitrust enforcement under the Biden administration, including agency focus on acquisitions of nascent competitors, the life sciences industry and monetary remedies, say attorneys at Cooley.

Top Court MasterCard Ruling Lowers Bar For UK Class Suits

Although the U.K. Supreme Court's recent decision in MasterCard v. Merricks removes some certification barriers for collective actions, aspects of the court's opinion may provide comfort for defendants, say Louise Freeman and Harry Denlegh-Maxwell at Covington.