Construction

Expert Analysis

• Assessing Securities Class Action Risk With Event Analysis

  

  Amid increased scrutiny of corporate fiduciaries, identifying a company's high-risk adverse events from the past two years can help boards of directors quantify their potential securities class action exposure, says Nessim Mezrahi of SAR.

• Nissan Ex-CEO Illustrates Do's And Don'ts Of Image Repair

  

  Lawyers can draw a number of useful lessons about reputation management from the efforts of former Nissan executive Carlos Ghosn — who recently escaped house arrest in Tokyo — to restore his sullied reputation, says Elizabeth Ortega at ECO Strategic Communications.

• Tightening Up Contracts In A Hardening Insurance Market

  

  Commercial property insurance terms and conditions have softened in the last decade, but underwriters may consider adding important clauses into their contracts as the market shows signs of hardening, say Jason Reeves of Zelle and Helen Campbell of Argo Insurance Bermuda.

• How Associate Life Has Evolved Over The Past Decade

  

  During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

• A Wide Range Of Legal Priorities For Tribes In 2020

  

  This year, Indian Country faces a number of critical policy and legal issues that must be addressed to protect tribal sovereignty, with key developments to watch for in all three branches of government, say attorneys at Akin Gump.

• OFAC's New Iran Sanctions May Not Signal Seismic Change

  

  While President Donald Trump’s recent executive order expands the ability of the U.S. Office of Foreign Assets Control to sanction non-U.S. entities doing business with Iran, it remains to be seen whether OFAC will pursue aggressive enforcement of its strengthened secondary sanctions authority, say attorneys at Ropes & Gray.

• White House NEPA Overhaul Likely To Face Legal Challenges

  

  The White House Council on Environmental Quality's recently proposed revisions to regulations implementing the National Environmental Policy Act are virtually certain to be challenged in the courts — especially a proposal to eliminate evaluations of projects' cumulative environmental impacts, say attorneys with Perkins Coie.

• Series

  Judging A Book: Dyk Reviews 'Democracy And Equality'

  

  In their new book "Democracy and Equality: The Enduring Constitutional Vision of the Warren Court," Geoffrey Stone and David Strauss provide valuable context for U.S. Supreme Court decisions under Chief Justice Earl Warren that have profoundly affected the country, but their overly protective attitude sometimes obscures reality, says Federal Circuit Judge Timothy Dyk.

• 7 Insider Tips For Working With In-House Counsel

  

  For outside firms wondering how to best support busy in-house lawyers, several practices can help navigate critical legal issues and novel business challenges while strengthening the working relationship, says Virginia Hudson, associate general counsel at Capital One.

• 50 Years Later, Interpretive Challenges Remain For RICO

  

  In the 50 years since the Racketeer Influenced and Corrupt Organizations Act was passed, courts' attempts to clarify the statute have had some success, but many interpretive dilemmas remain unresolved, says Randy Gordon of Barnes & Thornburg.

• Opinion

  States Should Not Follow ABA On Attorney Conduct Rules

  

  Because the American Bar Association's new rule on diversity continues to use the Model Rules of Professional Conduct as a cultural bludgeon, states should create independent codes limited to constitutionally valid purposes of attorney regulation, says Bradley Abramson of Alliance Defending Freedom.

• How Courts And Litigants Can Benefit From Special Masters

  

  As we approach the first anniversary of the American Bar Association's adoption of guidelines for the appointment and use of special masters in civil litigation, retired U.S. District Judge Shira Scheindlin, now at Stroock, explains how special masters can help parties and courts with faster decision-making and subject matter expertise.

• Uber Policy Calls For Refresher On ABA Confidentiality Rules

  

  Uber's recent policy update allowing drivers to audio-record passenger rides is a reminder for lawyers to observe the highest standard of care in protecting client information under the American Bar Association's confidentiality model rule, says Paul Boehm at Williams & Connolly.

• Rethinking Corporate Crisis And Litigation Communications

  

  While conventional wisdom among attorneys may be that no response is the safest response during a corporate crisis, recent examples demonstrate the consequences of failing to share timely and relevant information with key audiences, says Aidan Ryan of Goldberg Segalla.

• Opinion

  2 Overlooked Advantages Of Hourly Fees

  

  Alternative-fee disputes like Bartlit Beck v. Okada in Illinois federal court may tell us something about the reasons for the continued vitality of the hourly fee, especially among clients who have the wherewithal to pay, says attorney J.B. Heaton.