Expert Analysis

• ABA's Money-Laundering Resolution Is A Balancing Act

  

  While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.

• Regulators Must Get Creative To Keep Groundwater Flowing

  

  Even as populations have boomed in Sun Belt states like Arizona, California and Texas, groundwater levels have diminished due to drought and overuse — so regulators must explore options including pumping limits, groundwater replenishment and wastewater reuse to ensure future supplies for residential and commercial needs, says Jeffrey Davis at Integral Consulting.

• Issues To Watch As Biochar Carbon Project Demand Heats Up

  

  Entities considering financing, constructing or operating biochar projects should evaluate the increasing demand for biochar as a soil amendment, the potential to generate revenue from carbon credits and produce other byproducts, and a variety of legal hurdles in this rapidly emerging market, say Mackenzie Schoonmaker and Astrika Adams at Beveridge & Diamond.

• Law Firm Professional Development Steps To Thrive In AI Era

  

  As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.

• Industry Takeaways From OMB's Final Buy America Guidance

  

  The Office of Management and Budget's recently released guidance on "Buy America" requirements for federal infrastructure projects provides clarity in certain areas but fails to address troublesome inconsistencies with state laws and international trade agreements, so manufacturers and suppliers will need to tread carefully as agencies implement the changes, say Amy Hoang and Sarah Barney at Seyfarth Shaw.

• New 'Waters' Rule May Speed Projects, Spawn More Litigation

  

  The Biden administration's new rule defining "waters of the United States" in accordance with a recent U.S. Supreme Court decision will remove federal protection for some wetlands — which could both enable more development and lead to more legal challenges for projects, says Marcia Greenblatt at Integral Consulting.

• The Basics Of Being A Knowledge Management Attorney

  Excerpt from Practical Guidance

  

  Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.

• Rising Interest Rates Bring Risk For Construction Contractors

  

  With rising interest rates causing many construction projects to be slowed or halted, it's important for general contractors to implement safeguard measures against the risk of significant financial losses caused by owner-driven schedule modifications, says Kevin Riexinger at Gfeller Laurie.

• How Focus On Congruency Affects Corporate Political Activity

  

  Congruency — whether the contributions made by a company-sponsored political action committee align with the corporation's public statements on issues of social responsibility — is undoubtedly the next frontier in the battle over corporate political activity, despite the limited success of shareholder proposals on the issue, says Carol Laham at Wiley.

• Mont. Kids' Climate Decision Reflects 3 Enviro Trends

  

  A Montana district court's recent ruling in Held v. Montana represents a rare win for activist plaintiffs seeking to use rights-based theories to address climate change concerns — and calls attention to three environmental trends that are increasingly influencing climate litigation and policy, says J. Michael Showalter at ArentFox Schiff.

• To Hire And Keep Top Talent, Think Beyond Compensation

  

  Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.

• Strategies For Enforcing Arbitral Awards Against Sovereigns

  

  When a large project or investment in a foreign country is unexpectedly expropriated by a new government, companies often prevail in arbitration — but if the sovereign refuses to pay up, collecting the arbitral award may require persistence, creativity, and a mixture of hard and soft approaches, say Gabe Bluestone and Jeff Newton at OmniBridgeway.

• Calif. Protected Species Law Changes: Real Fix Or Red Tape?

  

  California's recent amendments to its "fully protected species" statutes create a temporary permitting regime intended to accelerate the building of renewable energy, transportation and water infrastructure in response to climate change — but the new legislation could become another obstacle to the projects it purports to benefit, says Paul Weiland at Nossaman.

• Perspectives

  More States Should Join Effort To Close Legal Services Gap

  

  Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.

• What New Offshore Drilling Bond Rules Would Mean For Cos.

  

  The Bureau of Ocean Energy Management's recently proposed changes to when offshore oil, gas and sulfur lessees must post supplemental financial assurance related to their operations provides greater clarity for stakeholders, but some smaller operators may not satisfy the proposal's new credit rating requirements, say attorneys at V&E.