Telecommunications

Expert Analysis

• Lessons From Economic Testimony In 2020 Merger Litigation

  

  A look back at 2020 antitrust cases shows why economic evidence is likely to remain a key element in merger-enforcement litigation, despite the occasional anomaly, says Julie Elmer at Freshfields.

• 4 Legal Industry Trends Litigation Financiers Are Watching

  

  Some recent litigation developments demonstrate efforts by law firms and their clients to search for opportunities in the COVID-19 economic fallout, while others — such as the rise of contingency fee arrangements — reflect acceleration of tendencies that were already underway, says William Weisman at Therium Capital.

• A Lawyer's Guide To Setting Well-Being Goals In 2021

  

  In the face of rising client demands due to the pandemic and the changing regulatory environment, and with remote work continuing for the foreseeable future, lawyers should invest in their well-being by establishing inspiring yet realistic goals for 2021 — one month at a time, says Krista Larson at Morgan Lewis.

• Keyword Searches To Improve Your Privilege Doc Review

  

  "Confidential" and other search terms commonly used to locate privileged documents during e-discovery are pretty ineffective, so practitioners should consider including specific types of keywords that are demonstrably better at targeting privilege, say Robert Keeling at Sidley and Rishi Chhatwal at AT&T.

• The Benefits Of More Alternative Dispute Resolution At GAO

  

  While disruption amid the pandemic undoubtedly contributed to a 210% uptick in the use of alternative dispute resolution at the U.S. Government Accountability Office in fiscal year 2020, bid protest practitioners should hope the upward trend continues given the various efficiencies it brings to the procurement process, says Noah Bleicher at Jenner & Block.

• ABA Approves Remote Practice, But Questions Remain

  

  Lawyers working remotely during the pandemic while physically outside the jurisdictions in which they are licensed will find some comfort in a recent American Bar Association opinion sanctioning such practice, but there is ambiguity regarding the contours of what's allowed, say attorneys at Harris Wiltshire.

• Keys To Creating Standout Law Firm Thought Leadership

  

  Whether geared toward a global audience or a particular client, a law firm's articles, blog posts and client alerts should strive to be original by harnessing a few editorial tools and following the right distribution sequence, say Steven Andersen and Tal Donahue at Infinite Global.

• Perspectives

  Judges On Race: The Power Of Discretion In Criminal Justice

  

  Judges should take into consideration the several points of law enforcement and prosecutorial discretion — from traffic stops to charging decisions and sentencing recommendations — that often lead to race-based disparate treatment before a criminal defendant even reaches the courthouse, say Judge Juan Villaseñor and Laurel Quinto at Colorado's Eighth Judicial District Court.

• 5 Attorney Business Development Tips For The New Year

  

  Lawyers should remember that the basics of interpersonal relationships have not changed despite the completely virtual environment caused by the pandemic, and should leverage the new year as an excuse to connect with clients in several ways, say Megan Senese and Courtney Hudson at Pillsbury.

• TCPA Future Uncertain After A Tumultuous 2020

  

  The Telephone Consumer Protection Act saw important legal developments over the course of 2020, but the law's ultimate constitutionality and the future of consumer protection from unwanted calls will likely hinge on the U.S. Supreme Court's upcoming ruling in Facebook v. Duguid, says Scott Shaffer at Olshan Frome.

• 10 Ways Antitrust Scrutiny Is Heating Up In 2021

  

  Companies must prepare to navigate a storm of antitrust forces on the horizon, with the potential for more aggressive antitrust enforcement under the Biden administration, including agency focus on acquisitions of nascent competitors, the life sciences industry and monetary remedies, say attorneys at Cooley.

• Minimizing Disruption To Clients During Law Firm IT Upgrades

  

  For law firms planning overhauls in their information technology infrastructures in light of hard lessons learned from pandemic-era transition to remote work, there are five ways to ensure even the biggest tech upgrade has minimal impact on client service, says Brad Paubel at Lexicon.

• Tips For Drafting Effective Amicus Briefs

  

  Careful construction of an amicus brief's essential elements — including the table of contents, which determines whether a brief gets studied or skimmed — and the order in which they are crafted are key to maximizing a party's hoped-for impact on a case before the U.S. Supreme Court or other appellate courts, say Mark Chopko and Karl Myers at Stradley Ronon.

• 5 Trends That Will Influence E-Discovery In 2021

  

  Changes in the way people work and communicate — which the pandemic has accelerated — will continue to bring new e-discovery challenges and shifts in data recovery this year, says Brian Schrader at Business Intelligence Associates.

• Prep For Increased Pay Equity Enforcement In Gov't Contracts

  

  Federal contractors can prepare for an uptick in Office of Federal Contract Compliance Programs compensation enforcement under President-elect Joe Biden by conducting regular pay equity audits that identify and resolve gender- and race-based compensation disparities, says Jack Blum at Polsinelli.