Expert Analysis

• Suspension And Debarment: FY 2024 By The Numbers

  

  The multiyear, downward trend in suspensions and debarments of government contractors continued in fiscal year 2024, largely fueled by a sharp decrease in exclusions of individuals — a welcome development that may indicate recognition that these actions can be more punitive than prophylactic, says David Robbins at Jenner & Block.

• Lawyers With Disabilities Are Seeking Equity, Not Pity

  

  Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.

• New Export Control Guidance Raises The Stakes For Banks

  

  Recent guidance from the Bureau of Industry and Security alerts banks that they could be liable for facilitating export control violations, the latest example of regulators articulating the expectation that both financial institutions and corporations serve as gatekeepers to mitigate crime and aid enforcement efforts, say attorneys at Freshfields.

• Opinion

  Judicial Committee Best Venue For Litigation Funding Rules

  

  The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.

• The Strategic Advantages Of Appointing A Law Firm CEO

  

  The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.

• Why Diversity Jurisdiction Poses Investment Fund Hurdles

  

  Federal courts' continued application of the exacting rules of diversity jurisdiction presents particular challenges for investment funds, and in the absence of any near-term reform, those who manage such funds should take action to avoid diversity jurisdiction pitfalls, say attorneys at Sher Tremonte.

• Series

  Beekeeping Makes Me A Better Lawyer

  

  The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

• GAO Decision Offers Insights On Verifying TAA Compliance

  

  The U.S. Government Accountability Office's August decision in Matter of: HPI Federal LLC serves as a reminder of the importance of verifying Trade Agreements Act compliance — and of understanding the parameters of an agency's acceptance of an offeror's TAA representation, say Amy Hoang and Sarah Barney at Seyfarth.

• 3 Takeaways From Navy Shipbuilder's Fraud Guilty Plea

  

  Austal USA’s recent plea agreement over accounting fraud charges highlights for other companies the benefits of cooperating with government investigations, the challenges posed by senior executives’ involvement in misconduct, and the high stakes for defense contractors, say Michael DeBernardis and Shayda Vance at Hughes Hubbard.

• Opinion

  Legal Institutions Must Warn Against Phony Election Suits

  

  With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

• How Cos. Can Build A Strong In-House Pro Bono Program

  

  During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

• Series

  Home Canning Makes Me A Better Lawyer

  

  Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

• An Update On Legal Issues In The Drone Market

  

  Marialuisa Gallozzi and Alex Slawson at Covington examine recent developments in the legal issues surrounding the growing drone market, including possible First Amendment protections, Fourth Amendment surveillance, and litigation involving criminal and civil penalties, evidentiary pursuits, and insurance.

• How To Avoid Risking Arbitration Award Confidentiality In NY

  

  Though a Second Circuit decision last year seemed to create a confidentiality safe harbor for arbitration awards that had no ongoing compliance issues, a recent New York federal court ruling offers further guidance on the meaning of "ongoing compliance issues," says Matthew Iverson at Nelson Mullins.

• Use The Right Kind Of Feedback To Help Gen Z Attorneys

  

  Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.