Florida

Expert Analysis

• Why AFAs Are Key To The Future Of Legal Practice

  

  Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

• 5 Lessons From State AGs' HIPAA Data Breach Suit

  

  The allegations in State of Indiana v. Medical Informatics Engineering — the first federal lawsuit filed by multiple state attorneys general over a data breach based upon alleged Health Insurance Portability and Accountability Act violations — provide some guidance on adequate network security, say Hanley Chew and Tyler Newby of Fenwick & West LLP.

• 21st Amendment Vs. Commerce Clause At The High Court

  

  On Wednesday, the U.S. Supreme Court hears argument in Byrd v. Tennessee Wine and Spirits Retailers Association, highlighting the conflict between states’ rights to regulate alcohol under the 21st Amendment and the restrictions in the U.S. Constitution's commerce clause on states’ power to regulate interstate commerce, says Alva Mather of DLA Piper LLP.

• Series

  Judging A Book: Barron Reviews 'The Clamor Of Lawyers'

  

  Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.

• State Net

  State Lawmakers Grapple With Proliferation Of E-Scooters

  

  As state legislators return to session this year, many face a new issue: the explosion of e-scooters on city streets. Municipal officials scrambling to evaluate the legality of the rental scooters are seeking policy guidance at the state level, says David Royse of State Net Capitol Journal.

• Opinion

  The Case For Lawyer-Directed Litigation Funding In NY: Part 2

  

  Lawyer-directed nonrecourse litigation funding is more likely to protect a lawyer's exercise of independent professional judgment than traditional means of litigation finance, and furthermore enables worthwhile cases that otherwise could not be funded, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

• Opinion

  The Case For Lawyer-Directed Litigation Funding In NY: Part 1

  

  Contrary to what the New York City Bar Association concluded in an ethics opinion last year, lawyer-directed nonrecourse commercial litigation funding does not violate New York rules on sharing fees with nonlawyers, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

• 7 Questions To Add To Your Lateral Partner Questionnaire

  

  Law firms should redesign the vetting process for lateral candidates so it directly addresses sexual harassment and assault issues, says Howard Rosenberg of Decipher.

• Q&A

  A Chat With Reed Smith Chief Marketing Officer Sadie Baron

  

  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 Sadie Baron, chief marketing officer at Reed Smith LLP.

• Preemption In Pharmaceutical Cases: 2018 In Review

  

  2018 marked another interesting year in the shifting landscape of pharmaceutical drug preemption, with important cases concerning newly acquired information, generic drugs, innovator liability, clear evidence, serious adverse events and marketing claims, says Connor G. Sheehan of Dunn Sheehan LLP.