International Arbitration

Expert Analysis

• E-Discovery Experts Could Increase Fed. Court Efficiency

  

  As electronic data demands on federal courts continue to increase, it may be time to consider whether the courts should establish an office that could be staffed with technical experts familiar with electronic discovery issues, says Douglas Smith of Kirkland.

• Remembering Justice Stevens As A Law Firm Leader

  

  Rothschild Barry's John Coffey, who joined Justice John Paul Stevens' law firm in 1965, shares what it was like to watch Justice Stevens practice law, mentor younger lawyers and land a malfunctioning plane.

• Opinion

  IOC Erred In Focus On State-Sponsored Russia Doping Theory

  

  The Court of Arbitration for Sport’s reversal last week of the International Olympic Committee's 2017 lifetime Olympic ban of the Russian minister of sport revealed deep flaws in the IOC's process of disciplining individuals for alleged state-sponsored doping by Russian athletes, says Ronald Katz at GCA Law Partners.

• Answers To Key Legal Finance Ethics Questions

  

  While there is discussion in some quarters about new regulations on commercial legal finance, the hands-off approach taken by the majority of courts and legislatures is an implicit recognition that it is already sufficiently regulated, says Danielle Cutrona of Burford Capital.

• Federal Agencies Need A Uniform Record-Keeping Process

  

  The administrative record is very important to federal agency litigation — as showcased in last month's U.S. Supreme Court decision concerning the addition of a citizenship question to the 2020 census — yet there is no set of consistent principles to guide agencies in compiling these official records, say attorneys at WilmerHale.

• The Role Of Dictionaries In Last Term's High Court Decisions

  

  Since 32 of the 67 decisions issued by the U.S. Supreme Court during its October term cite dictionaries, it’s worth reviewing the opinions to learn which dictionaries the justices consulted and how they used them, say Bruce Wessel and Brian Weissenberg of Irell & Manella.

• How To Evaluate The Rise In Legal Employment

  

  Although the rate of employment for law school graduates — which had been falling steadily — saw a small increase over the last year, other factors, such as fewer graduates overall and potential future job growth stagnation, temper the good news for those pursuing law degrees, say Tiffane Cochran and Tyler Grimm of AccessLex Institute.

• International Arbitration Can Help Africa's Energy Sector

  

  As an emerging force in the energy industry, sub-Saharan Africa offers attractive investment opportunities but also presents elevated risk profiles for inbound foreign direct investments. International arbitration clauses, which African governments are gradually embracing, will boost investors' confidence, says Leigh Crestohl of Zaiwalla & Co.

• Opinion

  The Business Case For Championing Diverse Legal Teams

  

  Leveraging the collective strengths of a diverse workforce is not only the right thing to do, it’s a strategic imperative for any successful firm or business, says Louise Pentland, executive vice president and chief business affairs and legal officer of PayPal.

• Competing Legal Factors Vex Insurance Arbitration Disputes

  

  The Fifth Circuit ruled in May that international arbitration policy trumped state insurance law in McDonnel Group v. Great Lakes Insurance. But the courts have been inconsistent in applying conformity-to-statute clauses, the McCarran-Ferguson Act and a related U.S. treaty in the battle between federal preemption and state reverse preemption, says Gilbert Samberg at Mintz.

• Rethinking The Tech-First Approach To Law Firm Solutions

  

  When a lawyer complains about some workflow inefficiency they are having, the knee-jerk reaction of many firms is to look for a technology-based workaround. This overlooks the importance of human psychology and behavior, which may be the root of the problem, says Ryan Steadman of Zero.

• Obstacles For Calif. As It Seeks Spot As Int'l Arbitration Venue

  

  A law passed last year will allow attorneys not admitted in California to represent clients in international arbitration there, but more needs to be done to make the state an attractive arbitration venue for international companies, says Ken Hagen of FedArb.

• Top 10 Techniques For Crafting A Dazzling Brief

  

  Legal writing often falls flat not because it’s unorganized, but because it’s technically unsound and riddled with gaffes that cheapen and degrade it. Avoiding the most common mistakes will keep judges interested and, most importantly, make them trust you, says Daniel Karon of Karon LLC.

• Q&A

  A Chat With Ballard Spahr Diversity Chief Virginia Essandoh

  

  In the final installment of this monthly series, legal recruiting expert Carlos Pauling from Major Lindsey & Africa talks with Virginia Essandoh about the trends and challenges she sees as chief diversity officer at Ballard Spahr.

• Series

  Judging A Book: McMahon On 'Roosevelt For The Defense'

  

  In "Theodore Roosevelt for the Defense," authors Dan Abrams and David Fisher meticulously chronicle the forgotten high-profile 1915 libel trial of Teddy Roosevelt, capturing the interesting legal customs of an era before things like notice pleading and pretrial discovery, says Chief U.S. District Judge Colleen McMahon of the Southern District of New York.