Expert Analysis

• Cos. Face Enviro Justice Tug-Of-War Between States, Feds

  

  The second Trump administration's sweeping elimination of environmental justice policies, programs and funding, and targeting of state-level EJ initiatives, creates difficult questions for companies on how best to avoid friction with federal policy, navigate state compliance obligations and maintain important stakeholder relationships with communities, say attorneys at Arnold & Porter.

• Top 3 Litigation Finance Deal-Killers, And How To Avoid Them

  

  Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.

• How Attys Can Use A Therapy Model To Help Triggered Clients

  

  Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.

• 3 Steps For In-House Counsel To Assess Litigation Claims

  

  Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.

• J&J's Failed 3rd Try Casts Doubt On Use Of 'Texas Two-Step'

  

  A Texas bankruptcy court recently rejected Johnson & Johnson's third attempt to use Chapter 11 to resolve liabilities from allegations of injuries from using talcum powder, suggesting that the U.S. Supreme Court's limitations on nondebtor releases, from 2024's Purdue Pharma ruling, may prove difficult to evade, say attorneys at Cadwalader.

• Despite SEC Climate Pause, Cos. Must Still Heed State Regs

  

  While businesses may have been given a reprieve from the U.S. Securities and Exchange Commission's rules aimed at standardizing climate-related disclosures, they must still track evolving requirements in states including California, Illinois, New Jersey and New York that will soon require reporting of direct and indirect carbon emissions, say attorneys at Husch Blackwell.

• Series

  Teaching College Students Makes Me A Better Lawyer

  

  Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.

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  Adapting To Private Practice: From DOJ Enviro To Mid-Law

  

  Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.

• A Look At Probabilistic Tracing After High Court's Slack Ruling

  

  Recent decisions following the U.S. Supreme Court's 2023 ruling in Slack v. Pirani have increased the difficulty of pleading Securities Act claims for securities issued in direct listings by rejecting the use of statistical probabilities to establish that share purchases were traceable to a challenged registration statement, says Jonathan Richman at Brown Rudnick.

• Legal Ethics Considerations For Law Firm Pro Bono Deals

  

  If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.

• Series

  Playing Football Made Me A Better Lawyer

  

  While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.

• 10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks

  

  The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.

• Notable Q1 Updates In Insurance Class Actions

  

  The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.

• Perspectives

  The Benefits Of Aligning States On Legal Paraprofessionals

  

  Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.

• 10 Soft Skills Every GC Should Master

  

  As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.