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Expert Analysis

• What's On The Horizon For Unclaimed Property In 2021

  

  Unclaimed property professionals who run holder compliance programs should buckle themselves in for what portends to be a perfect storm of legislative, enforcement and litigation contests this year between state administrators and holders, say attorneys at Alston & Bird.

• 4 Legal Industry Trends Litigation Financiers Are Watching

  

  Some recent litigation developments demonstrate efforts by law firms and their clients to search for opportunities in the COVID-19 economic fallout, while others — such as the rise of contingency fee arrangements — reflect acceleration of tendencies that were already underway, says William Weisman at Therium Capital.

• A Lawyer's Guide To Setting Well-Being Goals In 2021

  

  In the face of rising client demands due to the pandemic and the changing regulatory environment, and with remote work continuing for the foreseeable future, lawyers should invest in their well-being by establishing inspiring yet realistic goals for 2021 — one month at a time, says Krista Larson at Morgan Lewis.

• Lessons From 2020 Life Sciences Securities Class Actions

  

  Life sciences companies can draw important insights from the many dismissal opinions that federal courts issued during 2020 in securities actions arising from adverse U.S. Food and Drug Administration actions and clinical development setbacks, say Yvonne Puig and Peter Stokes at Norton Rose.

• Keyword Searches To Improve Your Privilege Doc Review

  

  "Confidential" and other search terms commonly used to locate privileged documents during e-discovery are pretty ineffective, so practitioners should consider including specific types of keywords that are demonstrably better at targeting privilege, say Robert Keeling at Sidley and Rishi Chhatwal at AT&T.

• State AGs' 2020 Actions Offer Hints At 2021 Priorities

  

  A review of state attorney general actions in 2020 addressing consumer concerns including data privacy, product safety and marketplace competition can help companies prepare for the expected regulatory enforcement wave in 2021, say attorneys at Troutman Pepper.

• Opinion

  A Law Of The Digital Sea Could Expand Data Rights, Oversight

  

  Democracies should implement a law of the digital sea that can balance innovation with individual rights and national security by mandating personal ownership of data, rigorously enforcing antitrust law, and empowering agencies like the Consumer Financial Protection Bureau to grade cyberhygiene, says Luke Schleusener at QOMPLX.

• The Benefits Of More Alternative Dispute Resolution At GAO

  

  While disruption amid the pandemic undoubtedly contributed to a 210% uptick in the use of alternative dispute resolution at the U.S. Government Accountability Office in fiscal year 2020, bid protest practitioners should hope the upward trend continues given the various efficiencies it brings to the procurement process, says Noah Bleicher at Jenner & Block.

• ABA Approves Remote Practice, But Questions Remain

  

  Lawyers working remotely during the pandemic while physically outside the jurisdictions in which they are licensed will find some comfort in a recent American Bar Association opinion sanctioning such practice, but there is ambiguity regarding the contours of what's allowed, say attorneys at Harris Wiltshire.

• 9th Circ. Gets Tougher On Experts At Class Certification

  

  In Grodzitsky v. American Honda, the Ninth Circuit recently affirmed that rigorous analysis of expert testimony, including its admissibility, is essential when ruling on class certification — an encouraging sign for practitioners defending class actions, says Robert Sparkes at K&L Gates.

• Keys To Creating Standout Law Firm Thought Leadership

  

  Whether geared toward a global audience or a particular client, a law firm's articles, blog posts and client alerts should strive to be original by harnessing a few editorial tools and following the right distribution sequence, say Steven Andersen and Tal Donahue at Infinite Global.

• PPP Enforcement Issues To Watch In 2021

  

  Derek Adams at Potomac Law, and Ellen London and Steven Deolus at Alto Litigation, examine the evolution of the Paycheck Protection Program, the impact of constant changes to eligibility and reporting rules, and enforcement developments to expect this year.

• Perspectives

  Judges On Race: The Power Of Discretion In Criminal Justice

  

  Judges should take into consideration the several points of law enforcement and prosecutorial discretion — from traffic stops to charging decisions and sentencing recommendations — that often lead to race-based disparate treatment before a criminal defendant even reaches the courthouse, say Judge Juan Villaseñor and Laurel Quinto at Colorado's Eighth Judicial District Court.

• 5 Attorney Business Development Tips For The New Year

  

  Lawyers should remember that the basics of interpersonal relationships have not changed despite the completely virtual environment caused by the pandemic, and should leverage the new year as an excuse to connect with clients in several ways, say Megan Senese and Courtney Hudson at Pillsbury.

• How 2020 Changed Product Liability — And What's Next

  

  Like many other legal sectors, product liability regulation and litigation felt the sharp impact of COVID-19 in 2020, especially in health care and life sciences — and 2021 may hold more pandemic-related changes, as well as a new regulatory approach from the Biden administration, say attorneys at MoFo.