Expert Analysis

• Takeaways From First Resolution After FCPA Pause Was Lifted

  

  The U.S. Department of Justice’s recent deferred prosecution agreement with TIGO Guatemala — its first Foreign Corrupt Practice Act corporate resolution after issuing new guidelines and resuming enforcement — highlights several aspects of the administration’s approach to corporate foreign bribery enforcement, say attorneys at Cleary.

• Suspension And Debarment: FY 2025 By The Numbers

  

  With the multiyear, downward trend in suspensions and debarments of government contractors continuing in fiscal year 2025, questions about the future of suspension and debarment practices, such as what may necessitate an immediate exclusion, and why we're not seeing a corresponding drop in activity levels across all federal agencies, come to mind, say David Robbins at Jenner and Duc Nguyen at Fluet. 

• Considerations When Invoking The Common-Interest Privilege

  

  To successfully leverage the common-interest doctrine in a multiparty transaction or complex litigation, practitioners should be able to demonstrate that the parties intended for it to apply, that an underlying privilege like attorney-client has attached, and guard against disclosures that could waive privilege and defeat its purpose, say attorneys at DLA Piper.

• 1st Circ. Offers Diversity Jurisdiction Lessons For Assignees

  

  A recent First Circuit opinion in Gore v. SLSCO, dismissing a case after years of litigation, serves as a cautionary tale about what can go wrong if an assignee has not alleged sufficient facts to demonstrate there is complete diversity jurisdiction, says Ray Gauvreau at Robinson & Cole.

• Series

  The Law Firm Merger Diaries: Making The Case To Combine

  

  When making the decision to merge, law firm leaders must factor in strategic alignment, cultural compatibility and leadership commitment in order to build a compelling case for combining firms to achieve shared goals and long-term success, says Kevin McLaughlin at UB Greensfelder.

• 1st Trial After FCPA Pause Offers Clues On DOJ Priorities

  

  After surviving a government review of Foreign Corrupt Practices Act enforcement, the U.S. v. Zaglin case reveals the U.S. Department of Justice still appears willing to prosecute individuals for conduct broadly consistent with classic priorities, despite the agency's new emphasis on foreign policy priorities, say attorneys at Debevoise.

• Opinion

  Despite Deputy AG Remarks, DOJ Can't Sideline DC Bar

  

  Deputy Attorney General Todd Blanche’s recent suggestion that the D.C. Bar would be prevented from reviewing misconduct complaints about U.S. Department of Justice attorneys runs contrary to federal statutes, local rules and decades of case law, and sends the troubling message that federal prosecutors are subject to different rules, say attorneys at HWG.

• Rule Amendments Pave Path For A Privilege Claim 'Offensive'

  

  Litigators should consider leveraging forthcoming amendments to the Federal Rules of Civil Procedure, which will require early negotiations of privilege-related discovery claims, by taking an offensive posture toward privilege logs at the outset of discovery, says David Ben-Meir at Ben-Meir Law.

• Series

  My Miniature Livestock Farm Makes Me A Better Lawyer

  

  Raising miniature livestock on my farm, where I am fully present with the animals, is an almost meditative time that allows me to return to work invigorated, ready to juggle numerous responsibilities and motivated to tackle hard issues in new ways, says Ted Kobus at BakerHostetler.

• Preparing For Treasury's Small Biz Certification Audits

  

  To prepare for the U.S. Department of the Treasury’s recently announced audit of small and disadvantaged government contractors, companies should assess the records that supported their prior certifications and confirm their current eligibility, particularly if they share ownership with another entity or were recently acquired, say attorneys at Morgan Lewis.

• Litigation Funding Could Create Ethics Issues For Attorneys

  

  A litigation investor’s recent complaint claiming a New York mass torts lawyer effectively ran a Ponzi scheme illustrates how litigation funding arrangements can subject attorneys to legal ethics dilemmas and potential liability, so engagement letters must have very clear terms, says Matthew Feinberg at Goldberg Segalla.

• How To Prepare If Justices Curb Gov't Contractor Immunity

  

  Given the very real possibility that the U.S. Supreme Court will determine in GEO v. Menocal that government contractors do not have collateral immunity, contractors should prepare by building the costs of potential litigation, from discovery through trial, into their contracts and considering other pathways to interlocutory appeals, says Lisa Himes at Rogers Joseph.

• E-Discovery Quarterly: Recent Rulings On Dynamic Databases

  

  Several recent federal court decisions illustrate how parties continue to grapple with the discovery of data in dynamic databases, so counsel involved in these disputes must consider how structured data should be produced consistent with the requirements of the Federal Rules of Civil Procedure, say attorneys at Sidley.

• Bid Protest Spotlight: Jurisdiction, Contractors, Mentors

  

  Recent decisions from the U.S. Court of Federal Claims and Small Business Administration highlight the scope of Tucker Act jurisdiction over bid protests; small business contractor eligibility determinations under the ostensible subcontractor rule; and limits on continued qualification for the SBA's mentor-protégé joint venture program, says Thomas Lee at MoFo.

• Series

  Building With Lego Makes Me A Better Lawyer

  

  Building with Lego has taught me to follow directions and adapt to unexpected challenges, and in pairing discipline with imagination, allows me to stay grounded while finding new ways to make complex deals come together, says Paul Levin at Venable.