Business of Law

Opinion

The Case For A Nonpolitical Federal Judiciary

For the last 20 years, at the insistence of both parties, U.S. Supreme Court nominations have been fierce ideological battles — which is bad for the country and bad for the public's perception of the legitimacy of the court, say Judge Eric Moyé, Judge Craig Smith and Winston & Strawn partner Tom Melsheimer.

The Keys To A Better Privilege Logging Paradigm

Current privilege logging practices to identify what information is being withheld from discovery often lead to costly disputes, so practitioners should adopt a system based on trust and good faith, similar to the presumptions embedded in the business judgment rule for corporate directors and officers, say Kevin Brady at Volkswagen and Charles Ragan and Ted Hiser at Redgrave.

White House Due Process Memo Could Reform Enforcement

A little-noticed memo recently issued by the Trump administration in response to the pandemic, directing federal agencies to provide greater due process to individuals and companies under regulatory investigation, represents a long-overdue sea change in the way justice is carried out in enforcement proceedings, say Joan Meyer and Norman Bloch at Thompson Hine.

Law Firm Hiring Considerations In A COVID-19 Economy

Financially robust law firms are entering the recruiting market aggressively knowing that dislocations like the COVID-19 crisis present rare competitive opportunities, and firms that remain on the sidelines when it comes to strategic hiring will be especially vulnerable to having their best talent poached, says Brian Burlant at Major Lindsey.

Opinion

Lawyers Must Act To Preserve Democracy This Election

COVID-19 concerns and glaring gaps in registration threaten to dampen voter turnout in the 2020 election, so attorneys should take on the problem by leveraging their knowledge and resources in seven ways, says Laura Brill at Kendall Brill.

Roundup

AGs In A Pandemic

In this Expert Analysis series, state attorneys general share their enforcement priorities related to COVID-19.

How To Effectively Defend Witnesses In Remote Depositions

When a witness is isolated from the defending lawyer during a remote deposition, carefully planning the logistics and building witness confidence are critical to avoiding damaging admissions, say Jessica Staiger at Archer Daniels and Alec Solotorovsky at Eimer Stahl.

Whether And How To Compel Remote Arbitration

Excerpt from Practical Guidance

As the pandemic delays in-person arbitration hearings, mediator and arbitrator Theodore Cheng provides arbitrators with a checklist to examine the rationale and authority for compelling parties to participate in remote hearings.

Series

AGs In A Pandemic: James Talks NY Response

New York Attorney General Letitia James highlights her office's efforts to ease financial burdens for New York residents and businesses struggling during the pandemic by fighting fraud, policing employers, assisting with debt relief and more.

The Unique Challenges Of Protecting A Law Firm Brand

Recent law firm trademark disputes highlight how the tension between legal ethics rules and trademark law can make it difficult for firms to select brands that are distinctive and entitled to protection, say Kimberly Maynard and Tyler Maulsby at Frankfurt Kurnit.

What Social Media Process Service May Look Like In Texas

The Texas Supreme Court's recently proposed rule change allowing substituted service through social media and email could take effect in December, and practitioners will need to know how to establish that the defendant received notice through a technological method, says Marcus Eason at McGinnis Lochridge.

What To Know When Making Dispositive Motions In Arbitration

As practitioners increasingly turn to dispositive motion practice within arbitration, they should be aware of the underlying authority for these motions and consider practical guidance for their use, says arbitrator and mediator Janice Sperow.

Series

AGs In A Pandemic: Fox Talks Montana Meatpacking

Montana Attorney General Tim Fox discusses his efforts with other state attorneys general to push federal authorities to pursue an antitrust investigation of the beef processing industry, and the importance of maintaining competitive markets and protecting consumers during the COVID-19 pandemic.

4 Ways Amicus Briefs Can Support An Overall Legal Strategy

The strategic use of amicus briefs can help an appellate court think about a case in a new way and lift an organization's own cause or reputation for legal thought, say Mark Chopko and Karl Myers at Stradley Ronon.

Deciding Whether Co-Mediation Is Right For Your Case

Not every case requires more than one mediator, but engaging two mediators with different perspectives or expertise can significantly enhance the settlement process in certain disputes — and parties can choose from several co-mediation approaches, say Gail Andler and Cassandra Franklin at JAMS.