Texas Infrastructure Act And Renewables Projects: 1 Year In

A year into implementation of Texas' Lone Star Infrastructure Protection Act, Jennifer Pier at Husch Blackwell discusses how renewable energy project developers, owners and investors planning projects in Texas can incorporate LIPA-related provisions into transaction and financing documents.

What's At Stake In Justices' FCA Qui Tam Dismissal Review

The Supreme Court's decision next term in U.S. v. Executive Health Resources could hold that the government cannot dismiss a qui tam action in which it initially declined intervention, which would mean the government must expend more resources vetting False Claims Act cases and give relators free rein as prosecutors of their cases, say attorneys at Ropes & Gray.

Opinion

Justices Should Resolve FCA Cases' Rule 9(b) Circuit Split

The U.S. Supreme Court should agree to hear three related False Claims Act cases and resolve the circuit split over the level of detail Rule 9(b) requires in qui tam complaints, or the viability of such actions will increasingly depend on where they are filed, say Kenneth Abell and Katherine Kulkarni at Abell Eskew.

Opinion

Now's The Time To Address Archaic Law School Curricula

With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.

Lessons From Lawyer Fee-Sharing Agreements Gone Wrong

The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.

LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue

A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.

Potential Next Steps For DOJ's COVID-19 Fraud Enforcement

Although the U.S. Department of Justice's COVID-19 fraud enforcement has so far focused on individuals and entities blatantly abusing pandemic assistance funds, health care and life sciences companies should assess their compliance programs as the DOJ will likely turn to larger-dollar activity at the organization level soon, say attorneys at Morgan Lewis.

8 Steps To Creating A Legal Ops Technology Road Map

Legal departments struggling to find and implement the right technologies for their operations should consider creating a road map that summarizes their approach to technology changes, provides clearly defined metrics for success, and serves as the single source of truth for stakeholders, says Melanie Shafer at SimpleLegal.

The Importance Of Data And Data Analysis In Litigation

Understanding, analyzing and effectively presenting large data sets is an increasingly important skill in litigation as it allows plaintiffs to dramatically scale up the scope of cases and is often critical to defeating motions to dismiss and motions for summary judgment, says David Burnett at Motley Rice.

How Cos. Can Track Infrastructure Act Projects — And Funds

As federal funds from the Infrastructure Investment and Jobs Act begin to flow to thousands of infrastructure projects across the nation, savvy contractors can determine which types of funded projects are likely to offer the best opportunities, and then follow the flow of federal money into those projects, says Nena Lenz at Fredrikson & Byron.

Steps Companies Can Take To Mitigate Privilege Labeling Risk

Although Google prevailed on a recent privilege labeling sanctions motion, an important takeaway from the decision is that companies should assess their in-house procedures and employee training programs regarding privileged communications to mitigate risks of the potential appearance of bad faith privilege claims, say Gareth Evans at Redgrave and e-discovery attorney James Hertsch.

Health Cos. Can Challenge Medicare Advantage Org Delays

In light of a recent U.S. Department of Health and Human Services' report highlighting questionable tactics deployed by Medicare Advantage organizations, there are steps health care providers can take to challenge MAO practices while regulatory and legislative reform efforts are underway, say Maureen Weaver and Megan George at Wiggin and Dana.

What Litigation Funding Disclosure In Delaware May Look Like

A standing order issued by Delaware's chief federal judge requiring litigants to disclose whether their cases or defenses are being financed by third parties is unlikely to have onerous effects but may raise questions regarding potential conflicts of interest and access to justice, say Cayse Llorens and Matthew Oxman at LexShares.

Bid Protest Spotlight: Errors, Subcontractors, Bundling

In this month's bid protest roundup, Alissandra McCann at MoFo looks at three rulings against protesters that offer reminders on the high cost of clerical errors in proposals, limitations on protest grounds arising from subcontractor reliance, and bundling provisions in the Small Business Act that sometimes provide pre-award protest grounds.

How In-House Legal Leaders Can Drive Corporate Growth

Today, more executives are seeking legal leaders who are strategic, adaptable thinkers, making it essential that in-house counsel get out of their comfort zone of legal advice and take several steps to contribute toward revenue growth and raise their profile, says Tim Parilla at LinkSquares.