Expert Analysis

• What Climate Migration Forecast Means For Risk Management

  

  Recent reports from international experts confirm that climate change is already causing environmental impacts and spurring migration of affected populations — so organizations must grapple now with how it will affect their operations and increase their risks in coming years, says Austin Pierce at V&E.

• How AI Can Transform Crisis Management In Litigation

  

  Attorneys should understand how to use rapidly advancing artificial intelligence technology to help clients prepare for potential catastrophic events and the inevitable litigation arising from them, from predicting crises before they occur to testing legal theories once they arise, say Stratton Horres at Wilson Elser and David Steiger.

• Supervisor Relationships Are Key To Beating Atty Burnout

  

  In order to combat record attorney turnover and high levels of burnout, law firm partners and leaders must build engaging relationships with supervisees, fostering autonomy and control, enabling expression of values, and building a sense of community and belonging, says Anne Brafford at the Institute for Well-Being in Law.

• The Rising Demand For Commercial Litigators In 2022

  

  Amid broken supply chains, pandemic-induced bankruptcies and a rise in regulation by litigation, strong commercial litigators — strategists who are adept in trying a range of tortious and contractual disputes — are becoming a must-have for many law firms, making this year an opportune moment to make the career switch, say Michael Ascher and Kimberly Donlon at Major Lindsey.

• How In-House Counsel Can Make The Case For Settling Early

  

  Following the recent settlement in McDonald's v. Easterbrook, in-house counsel should consider decision-tree analyses and values-driven communications plans to secure effective, early resolutions in litigation, saving time and money and moving the company mission forward, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at The Torrenzano Group.

• To Retain Talent, GCs Should Prioritize Mission Statements

  

  With greater legal demands and an increasing number of workers resigning during the pandemic, general counsel should take steps to articulate their teams' values in departmental mission statements, which will help them better prioritize corporate values and attract and retain talent, says Catherine Kemnitz at Axiom.

• Opinion

  US Should Broaden Visa Interview Waivers Amid Pandemic

  

  To help ease processing delays, the U.S Department of State and Biden administration should encourage consular posts to implement recently expanded in-person interview waivers for nonimmigrant visa applicants, and extend the policy to include certain immigrant visa applications, says Dominique Pando Bucci​ at Kurzban Kurzban.

• Mitigating Risks In Virtual Work Immigration Programs

  

  As the pandemic accelerates a global shift in immigration policy objectives from boosting tourism toward long-term economic growth, to the benefit of remote workers, employers must implement solid risk mitigation tactics that track evolving requirements that already varied from country to country, says Nofisatu Mojidi at Fragomen.

• Recent Bias Suits Against Law Firms And Lessons For 2022

  

  2021 employment discrimination case filings and developments show that law firms big and small are not immune from claims, and should serve as a reminder that the start of a new year is a good time to review and update salary, promotion and leave policies to mitigate litigation risks, says Hope Comisky at Griesing Law.

• Associate Hiring Outlook At Law Firms Is Bright For 2022

  

  After a year of extraordinary signing bonuses, nearly instantaneous offers and flexible work arrangements, strong demand for talented law firm associates will continue into 2022 — with some differences between East and West Coast markets — and junior attorneys should take steps to capitalize on the opportunity, say Ru Bhatt and Summer Eberhard at Major Lindsey.

• Roundup

  The Most-Read Legal Industry Guest Articles Of 2021

  

  Popular legal industry guest articles this year included commentary on the admissibility of video depositions, an unusual U.S. Supreme Court citation, the perils of lawyer perfectionism, and more.

• A Law Firm Leader's Guide To Seeking Effective Feedback

  

  Law firm leaders often claim to have their fingers on the pulse of the people in their firms, but perspectives can be heavily weighted toward certain partners, so leaders should take certain steps to ensure they receive well-rounded feedback that helps them make more informed decisions, says Jennifer Johnson at Calibrate Legal.

• Series

  Embracing ESG: Whirlpool CLO Talks Structural Improvement

  

  As the global understanding of what it means to measurably make a positive societal and environmental impact evolves, creating a solid governance structure, backed up by bold action and increased transparency, will set up companies and their legal teams to remain resilient through economic and societal changes and manage risk, says Ava Harter at Whirlpool.

• Opinion

  Fla. High Court Is Wrong To Ban CLE Diversity Requirements

  

  The Florida Supreme Court is wrong in precluding attorneys from getting any continuing legal education credit for courses that use so-called diversity quotas, as it erroneously assumes existing biases and prejudices in the legal profession will change without proactive steps, says Sidney Kanazawa at ARC LLC.

• Lawyers Must Prepare For Contract Tech Co. Consolidation

  

  The legal industry's continued remote work needs during the pandemic have fueled growth of contract lifecycle management providers, but to continue access to the platforms they have come to rely on, businesses should look out for the CLM mergers that are likely to occur in 2022, says Naseeha Machingal at LegalEase Solutions.