Construction

Expert Analysis

• Calif.'s New Rules For Lawyers Move Closer To ABA Model

  

  The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

• Know The Limits To Atty Public Statements During A Trial

  

  The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

• In Calif., Questions Remain On Law Firm Conflict Waivers

  

  In Sheppard Mullin v. J-M Manufacturing Co., the California Supreme Court ruled last month that a law firm's failure to disclose a known conflict with another current client did not categorically disentitle the firm from recovering fees. But the court didn’t provide hoped-for guidance on how to write an enforceable advance conflict waiver, says Richard Rosensweig of Goulston & Storrs PC.

• Q&A

  A Chat With Faegre Client Development Chief Melanie Green

  

  In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Melanie Green, chief client development officer at Faegre Baker Daniels LLP.

• The EPA Isn’t Putting Asbestos Back Into Buildings

  

  This summer, the U.S. Environmental Protection Agency sparked public outrage with its proposed "significant new use" rule addressing certain commercial uses of asbestos. But the EPA’s proposed action would actually impose substantial new prohibitions on the listed uses of asbestos — which currently are not regulated by the EPA at all, says Andrew Knudsen of Hunton Andrews Kurth LLP.

• Q&A

  Back To School: Widener's Rod Smolla Talks Free Speech

  

  In this new series featuring law school luminaries, Widener University Delaware Law School dean Rodney Smolla discusses teaching philosophies, his interest in First Amendment law, and arguing before the U.S. Supreme Court in Virginia v. Black.

• New Pass-Through Deduction Will Pass Over Many Lawyers

  

  A few weeks ago, the IRS proposed regulations related to the Tax Cuts and Jobs Act's 20 percent deduction on qualified business income for pass-through entities. The guidance offers long-awaited clarity, but is mostly bad news for many law firms, says Evan Morgan of Kaufman Rossin PA.

• OSHA Guidance Clarifies Respirable Crystalline Silica Rules

  

  The Occupational Safety and Health Administration's new set of 53 frequently asked questions provides guidance to construction employers and employees regarding OSHA's respirable crystalline silica standard, and makes important clarifications regarding medical surveillance, says Bradford Hammock of Jackson Lewis PC.

• How Reckless Judicial Impeachments Threaten Rule Of Law

  

  Judicial impeachment fever seems to be spreading through the states, with West Virginia legislators recently voting to remove their state's entire Supreme Court, and lawmakers in Pennsylvania and North Carolina threatening the same. These actions are a serious threat to judicial independence, says Jan van Zyl Smit of the Bingham Centre for the Rule of Law.

• Series

  Judging A Book: Fogel Reviews 'Good Judgment'

  

  In this time of partisan conflict over judicial selection, a new book by Canadian jurist Robert J. Sharpe —​ "Good Judgment" — represents a refreshing, deeply thoughtful departure from binary arguments about how and why judges make decisions, says U.S. District Judge Jeremy Fogel, director of the Federal Judicial Center.