International Trade

Expert Analysis

• How Emotionally Intelligent AI Could Assist With E-Discovery

  

  While artificial intelligence has already revolutionized the e-discovery field, the development of emotionally intelligent AI promises to explore data in an even more nuanced and human way, thereby further reducing the burden on legal teams, say Lisa Prowse and Brian Schrader at e-discovery services provider BIA.

• Chinese Acquisitions Even More Uncertain In New CFIUS Era

  

  While hostility toward Chinese-led investment in U.S. companies is not new, the proposal expanding the Committee on Foreign Investment in the United States' authority to scrutinize such deals casts further doubt over how many inbound Chinese investments in the U.S. will actually close, says Jing Zhao at Saul Ewing.

• Preventable Risks Your Law Firm May Be Overlooking

  

  Although most lawyers are well-prepared to defend or justify the value of an insurance claim for clients, often law firms have not clearly identified their own potential liabilities, planned for adequate insurance or established prudent internal risk management practices, says Victor Sordillo at Sompo International.

• 3 Policy Developments To Watch As US-China Divide Grows

  

  While trade negotiations between the U.S. and China resume Thursday, it is difficult to imagine a trade agreement in the near term that could blunt the momentum of larger strategic forces pushing the two countries apart, say attorneys at Kirkland.

• 6 Ethics Tips For Attorneys Making Lateral Transfers

  

  With lateral transfers between law firms on the rise, it is more important than ever for partners to understand the steps they must take to adhere to ethics rules and other requirements when making a transition, say attorneys at Harris Wiltshire.

• Consider The Power Of Tactical Empathy

  

  By employing tactical empathy techniques to understand the interests behind the positions taken by others, attorneys can gain the upper hand in deal negotiations and litigation while still promoting and preserving long-term relationships with opponents, judges and others, say Shermin Kruse of TEDxYouth@Wrigleyville and Ursula Taylor of Strategic Health.

• The Problem — And Opportunity — Of Implicit Bias In The Bar

  

  Law firms are beginning to recognize implicit bias as a problem. But too few recognize that it is also an opportunity to broaden our thinking and become better legal problem solvers, says Daniel Karon of Karon LLC.

• Series

  Judging A Book: Thapar Reviews Gorsuch's 'A Republic'

  

  U.S. Supreme Court Justice Neil Gorsuch's new book "A Republic, If You Can Keep It" offers hope for our constitutional system through stories of American greatness, and sheds much-needed light on originalism for skeptics, says Sixth Circuit Judge Amul Thapar.

• Another Rollback In US-Cuba Financial Relations

  

  The new amendments to Cuban sanctions, together with an August executive order blocking Venezuelan government property, illustrate the Trump administration’s approach of restricting these countries' general access to the U.S. financial system while carving out permissible transactions with the private sectors in those countries, say attorneys at Hunton.

• Opinion

  True Wellness Requires A Deeper Look At Atty Profession

  

  While I applaud all of the law firms that have signed the American Bar Association's campaign to improve attorney well-being, to achieve a truly holistic solution we must ask difficult questions about what we do, how we do it and the expectations we have set for ourselves and our clients, says Edward Shapiro at Much Shelist.

• DOJ's New FARA Enforcement Focus Could Be Far-Reaching

  

  In light of the U.S. Department of Justice's recent dramatic increase in criminal enforcement of the Foreign Agents Registration Act, a wide array of individuals and organizations whose conduct may be implicated by FARA should keep in mind several key compliance considerations, say Richard Beizer and Dalal Hasan of Crowell & Moring.

• Roundup

  Pursuing Wellness

  

  In this Expert Analysis series, leaders at some of the law firms that committed to the American Bar Association's 2018 pledge to improve mental health and well-being in the legal industry explain how they put certain elements of the initiative into action.

• How BigLaw Is Adapting To Plaintiff-Side Litigation

  

  While many have treated Kirkland & Ellis' recent creation of a contingency fee-based plaintiffs practice as market disruptive, it is another manifestation of forces that have been changing the business of BigLaw for some time, says Elizabeth Korchin at Therium Capital Management.

• Unpacking The Latest ITC Trends: Part 2

  

  Section 337 practice may be affected by recent developments on the U.S. International Trade Commission's domestic industry requirement and guidance from the Federal Circuit on the ITC's authority to decline to institute an investigation, say Gregg Corbett and Libbie DiMarco of Wolf Greenfield.

• Series

  Pursuing Wellness: A Focus On Firm Holistic Health Training

  

  Our most concerted efforts toward implementing the American Bar Association's well-being pledge, which we signed one year ago, have centered on educating attorneys and staff by including well-being components in firm trainings and professional development programs, says Andrew Glincher at Nixon Peabody.