Expert Analysis

• How Conflict Management Can Prevent Arbitration Disputes

  

  Recent International Chamber of Commerce guidance highlights that thinking beyond traditional arbitration and litigation can deliver huge benefits for businesses, which should be proactive in utilizing mediation, evaluations and expert determinations to expedite resolution and reduce costs, says Jennifer Haywood at Serle Court.

• Rare UK Ruling Offers Clarity On Business-To-Consumer Arb.

  

  In an unusual ruling, the High Court recently refused to enforce a foreign-seated arbitration award in Payward v. Chechetkin — as doing so would be contrary to public policy — which is an important reminder for businesses to tailor dispute resolution provisions to the needs of specific consumers, say Charlie Morgan and Elizabeth Kantor at Herbert Smith.

• Courts Can Overturn Deficient State Regulations, Too

  

  While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.

• Tales From The Trenches Of Remote Depositions

  

  As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.

• China Boosts Arb. Reform With 'Interim Measures' Change

  

  While China may face challenges in competing with other preferred arbitral venues, its recent development in the delivery of interim measures serves as the initial stage of arbitration enforcement reform, says Minda Huang at Kobre & Kim.

• The Supreme Court Is At War With Itself On Extraterritoriality

  

  The U.S. Supreme Court recently issued two conflicting pronouncements about the presumption against extraterritoriality without acknowledging the tensions between these decisions, which leaves lower courts, practitioners and potential defendants in the dark, says Jonah Knobler at Patterson Belknap.

• Level Up Lawyers' Business Development With Gamification

  

  With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.

• Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled

  

  In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.

• 5 Ways Firms Can Rethink Office Design In A Hybrid World

  

  As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.

• Opinion

  Bar Score Is Best Hiring Metric Post-Affirmative Action

  

  After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.

• RICO Ruling Makes US More Attractive Foreign Creditor Forum

  

  The U.S. Supreme Court's decision in Yegiazaryan v. Smagin, allowing a foreign plaintiff to use the Racketeer Influenced and Corrupt Organizations Act to enforce a foreign arbitral award, will make judgment creditors more likely to seek out U.S. courts to remedy efforts to frustrate the enforcement of international arbitration awards, say attorneys at Paul Hastings.

• Ghosting In BigLaw: How To Come Back From Lack Of Feedback

  

  Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.

• Steps To Success For Senior Associates

  Excerpt from Practical Guidance

  

  Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.

• Automatic Arbitration Win For Cos. May Come With Pitfalls

  

  The U.S. Supreme Court's recent resolution of a circuit split governing arbitration stays in Coinbase v. Bielski is a win for companies seeking to enforce arbitration agreements, but there may be consequences to keep in mind when considering whether to appeal a denial of a motion to compel arbitration, say Marianne Spencer and Sonya Winner at Covington.

• Legal Profession Must Do More For Lawyers With Disabilities

  

  At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.