Expert Analysis

• Sackett Ruling, 'Waters' Rule Fix Won't Dry Up Wetlands Suits

  

  In the wake of the U.S. Supreme Court's recent ruling in Sackett v. U.S. Environmental Protection Agency narrowing the scope of Clean Water Act protections, the Biden administration is amending its rule defining "waters of the United States" — but the revised rule will inevitably face further court challenges, continuing the WOTUS legal saga indefinitely, say attorneys at Milbank.

• Minn. Mine Denial Stresses Importance Of Tribal Partnerships

  

  The Army Corps of Engineers' decision to revoke a suspended Clean Water Act permit for a proposed mine in Minnesota is a reminder that project developers need to take tribal authority and rights seriously and consider early and frequent consultation with tribes, say attorneys at K&L Gates.

• Level Up Lawyers' Business Development With Gamification

  

  With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.

• Texas Construction Statute Of Repose Leaves Open Questions

  

  Texas' new significantly shorter statute of repose barring certain suits against construction contractors contains some ambiguous wording that will likely raise questions to be decided by courts, says Mason Hester at Munsch Hardt.

• Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled

  

  In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.

• 5 Ways Firms Can Rethink Office Design In A Hybrid World

  

  As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.

• C-PACE Laws Offer Boost For Sustainable Development

  

  As more emphasis is placed on energy-efficient infrastructure and sustainability projects, state laws establishing property assessed clean energy financing — known as C-PACE in the commercial context — have become increasingly relevant to project developers' capital stacks, say attorneys at Frost Brown.

• Opinion

  Bar Score Is Best Hiring Metric Post-Affirmative Action

  

  After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.

• IRS Guidance Powers Up Energy Tax Credit Transfers

  

  Recent IRS guidance on the monetization of energy tax credits provides sufficient clarity for parties to start negotiating transfer agreements, but it is unclear when the registration process required for credits to change hands will be up and running, say attorneys at Shearman.

• Ghosting In BigLaw: How To Come Back From Lack Of Feedback

  

  Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.

• Steps To Success For Senior Associates

  Excerpt from Practical Guidance

  

  Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.

• Legal Profession Must Do More For Lawyers With Disabilities

  

  At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.

• Is There A New 'Moderate Questions' Doctrine?

  

  The D.C. Circuit's recent Heating v. EPA decision signals that courts may begin to approach agency reliance on general statutory authorization with skepticism similar to the "major questions" doctrine the U.S. Supreme Court announced in West Virginia v. EPA last year, even in less major cases, says Jason Neal at HWG.

• Ohio Tax Talk: Building On Federal Affordable Housing Credit

  

  Ohio's soon-to-be-implemented low-income housing tax credit could significantly affect the state's affordable housing landscape and influence tax-credit deal financing for these projects, though Senate changes may have dampened the new credit's immense potential, say Raghav Agnihotri and Rachael Chamberlain at Frost Brown.

• Opinion

  Appellate Funding Disclosure: No Mandate Is Right Choice

  

  The Advisory Committee on Appellate Rules' recent decision, forgoing a mandatory disclosure rule for litigation funding in federal appeals, is prudent, as third-party funding is only involved in a minuscule number of federal cases, and courts have ample authority to obtain funding information if necessary, says Stewart Ackerly at Statera Capital.