Expert Analysis

• DOJ's 1st M&A Declination Shows Value Of Self-Disclosures

  

  The U.S. Department of Justice's recent decision not to charge private equity firm White Deer Management — the first such declination under an M&A safe harbor policy announced last year — signals that even in high-priority national security matters, the DOJ looks highly upon voluntary self-disclosures, say attorneys at Perkins Coie.

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  Law School's Missed Lessons: Practicing Self-Care

  

  Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard​​​​​​​ at MG+M.

• Forensic Challenges In Lithium-Ion Battery Fire Cases

  

  Lawsuits over lithium-ion battery fires and explosions often center on the core question of whether the battery was defective or combusted due to some other external factor — so both plaintiff and defense attorneys litigating these cases must understand the forensic issues involved, says Drew LaFramboise at Joseph Greenwald.

• Texas' Cactus Ruling Clarifies 'Produced Water' Rules

  

  The Texas Supreme Court's decision in Cactus Water Services v. COG Operating, holding that mineral interest lessees have the rights to water extracted alongside oil and gas, should benefit industry players by clarifying the rules — but it leaves important questions about royalties unresolved, say attorneys at Yetter Coleman.

• ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'

  

  The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.

• Federal Construction Considerations Amid Policy Overhaul

  

  The rapid overhaul of federal procurement, heightened domestic sourcing rules and aggressive immigration enforcement are reshaping U.S. construction, but several pragmatic considerations can help federal contractors engaged in infrastructure and public construction avoid the legal, financial and operational fallout, say attorneys at Cozen O'Connor.

• How Political Divisions Are Stalling Pa. Energy Development

  

  Despite possessing the nation's second-largest natural gas reserves and a legacy of energy infrastructure, Pennsylvania faces a fragmented and politically charged path to developing the energy resources it will need in the future, thanks to legislative gridlock, divided public opinion and competing energy interests, says Andrew Levine at Stradley Ronon.

• How Trump's Trade Policies Are Shaping Foreign Investment

  

  Five months into the Trump administration, investors are beginning to see the concrete effects of the president’s America First Investment Policy as it presents new opportunities for clearing transactions more quickly, while sustaining risk aversion related to Chinese trade and potentially creating different political risks, say attorneys at Covington.

• Justices Rewrite Rules For Challenging Enviro Agency Actions

  

  Three recent U.S. Supreme Court rulings — Nuclear Regulatory Commission v. Texas, Oklahoma v. U.S. Environmental Protection Agency and EPA v. Calumet Shreveport Refining — form a jurisprudential watershed in administrative and environmental law, affirming statutory standing and venue provisions as the backbone of coherent judicial review, say attorneys at GableGotwals.

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  My Opera And Baseball Careers Make Me A Better Lawyer

  

  Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.

• 8 Ways Lawyers Can Protect The Rule Of Law In Their Work

  

  Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.

• Despite Dark Clouds, Outlook For US Solar Has Bright Spots

  

  While tariff, tax policy and bankruptcy news seemingly portends unending challenges for the U.S. solar energy industry, signs of continued growth in solar generating capacity and domestic solar manufacturing suggest that there is a path forward, say attorneys at Beveridge & Diamond.

• Assessing New Changes To Texas Officer Exculpation Law

  

  Consistent with Texas' recent modernization of its corporate law, the recently passed S.B. 2411 allows officer exculpation, streamlines certificate of formation amendments, authorizes representatives to act on shareholders' behalf in mergers and makes other changes aimed toward companies seeking a more codified, statutory model of corporate governance, say attorneys at Bracewell.

• ICSID Annulment Proceedings Carry High Stakes For System

  

  The annulment proceedings brought by Freeport-McMoRan before the International Centre for Settlement of Investment Disputes, seeking to redress a glaring and prejudicial oversight in its arbitral award against Peru, are significant for delimiting the boundaries of procedural fairness within the ICSID's annulment framework, says Josep Galvez at 4-5 Gray's Inn.

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  Law School's Missed Lessons: Communicating With Clients

  

  Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.