New York

Expert Analysis

• Why AFAs Are Key To The Future Of Legal Practice

  

  Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

• 21st Amendment Vs. Commerce Clause At The High Court

  

  On Wednesday, the U.S. Supreme Court hears argument in Byrd v. Tennessee Wine and Spirits Retailers Association, highlighting the conflict between states’ rights to regulate alcohol under the 21st Amendment and the restrictions in the U.S. Constitution's commerce clause on states’ power to regulate interstate commerce, says Alva Mather of DLA Piper LLP.

• Series

  Judging A Book: Barron Reviews 'The Clamor Of Lawyers'

  

  Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.

• State Net

  State Lawmakers Grapple With Proliferation Of E-Scooters

  

  As state legislators return to session this year, many face a new issue: the explosion of e-scooters on city streets. Municipal officials scrambling to evaluate the legality of the rental scooters are seeking policy guidance at the state level, says David Royse of State Net Capitol Journal.

• Opinion

  The Case For Lawyer-Directed Litigation Funding In NY: Part 2

  

  Lawyer-directed nonrecourse litigation funding is more likely to protect a lawyer's exercise of independent professional judgment than traditional means of litigation finance, and furthermore enables worthwhile cases that otherwise could not be funded, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

• An FAQ On The State Of Direct Procurement Insurance

  

  The practice of procuring insurance coverage by "direct procurement" has been viewed as a constitutional right for half a century, but recent events have raised many questions within the insurance industry over whether that right is being eroded by certain states, says Zachary Lerner of Locke Lord LLP.

• Opinion

  The Case For Lawyer-Directed Litigation Funding In NY: Part 1

  

  Contrary to what the New York City Bar Association concluded in an ethics opinion last year, lawyer-directed nonrecourse commercial litigation funding does not violate New York rules on sharing fees with nonlawyers, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

• 4 AML Insights Broker-Dealers Should Carry Into 2019

  

  While many of us were winding down 2018 focused on the holidays, the U.S. Department of Justice and other financial industry regulators were busy delivering a flurry of messages about anti-money laundering compliance, say attorneys with King & Spalding LLP.

• Correcting CFTC Course On Manipulative Intent

  

  In U.S. Commodity Futures Trading Commission v. Wilson, a New York federal court properly relied on 30 years of precedent to overturn the CFTC's broad new theory of manipulative intent, says Chad Silverman of Skadden Arps Slate Meagher & Flom LLP.

• 4 Takeaways From Sprint's $330M Tax FCA Settlement

  

  Recently Sprint agreed to pay New York state $330 million, the largest ever settlement of a suit brought under any state's false claims act. Randall Fox, former chief of the New York attorney general's Taxpayer Protection Bureau and a partner at Kirby McInerney LLP, discusses what other states, potential defendants and would-be whistleblowers can learn from the case.