Expert Analysis

• 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.

• SuperValu's Lesson: Always Be Building An FCA Defense

  

  The recent U.S. v. SuperValu decision confirming that scienter is an essential element of False Claims Act liability should motivate government contractors to prepare for allegations of material misrepresentation by building a record of their honorable efforts toward regulatory compliance, say David Resnicoff and Andrew Patton at Riley Safer.

• How Attys Can Avoid Exposing Their Firms To Cyberattacks

  

  Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.

• Virginia 'Rocket Docket' Slowdown Is Likely A Blip

  

  After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.

• 5 Management Tips To Keep Law Firm Merger Talks Moving

  

  Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.

• Rethinking In-Office Attendance For Associate Retention

  

  The hybrid office attendance model doesn't work for all employees, but it does for many — and balancing these two groups is important for associate retention and maintaining a BigLaw firm culture that supports all attorneys, says Summer Eberhard at Major Lindsey.

• Opinion

  ALI, Bar Groups Need More Defense Engagement For Balance

  

  The American Law Institute and state bar committees have a special role in the development of the law — but if they do not do a better job of including attorneys from the defense bar, they will come to be viewed as special interest advocacy groups, says Mark Behrens at Shook Hardy.

• Murdaugh Trials Offer Law Firms Fraud Prevention Reminders

  

  As the fraud case against Alex Murdaugh continues to play out, the evidence and narrative presented at his murder trial earlier this year may provide lessons for law firms on implementing robust internal controls that can detect and prevent similar kinds of fraud, say Travis Casner and Helga Zauner at Weaver and Tidwell.

• Firm Tips For Helping New Lawyers Succeed Post-Pandemic

  

  Ten steps can help firms significantly enhance the experience of attorneys who started their careers in the coronavirus pandemic era, including facilitating opportunities for cross-firm connection, which can ultimately help build momentum for business development, says Lana Manganiello at Equinox Strategy Partners.

• Opinion

  Judge Newman's Recent Dissents Show She Is Fit For Service

  

  Dissenting opinions by Judge Pauline Newman in intellectual property cases over the past year suggest Federal Circuit proceedings to forcibly remove her from the judiciary lack legitimate basis, says Andrew Michaels at the University of Houston Law Center.

• Prepping Your Business Ahead Of Affirmative Action Ruling

  

  The U.S. Supreme Court's upcoming ruling on whether race should play a role in college admissions could potentially end affirmative action, and companies will need a considered approach to these circumstances that protects their brand power and future profits, and be prepared to answer tough questions, say Nadine Blackburn at United Minds and Eric Blankenbaker at Weber Shandwick.

• Opinion

  AUSA Jobs Don't Pay Enough To Keep Staff, Attract Diversity

  

  Assistant U.S. attorneys earn significantly less than their U.S. Department of Justice counterparts, resulting in urgent recruitment and retention issues that hurt the federal administration of justice, and must be addressed by fairly compensating AUSAs, says Steven Wasserman, president of the National Association of U.S. Attorneys.

• Tackling Judge-Shopping Concerns While Honoring Localism

  

  As the debate continues over judge-shopping and case assignments in federal court, policymakers should look to a hybrid model that preserves the benefits of localism for those cases that warrant it, while preventing the appearance of judge-shopping for cases of a more national or widespread character, says Joshua Sohn at the U.S. Department of Justice.

• Perspectives

  How Attorneys Can Help Combat Anti-Asian Hate

  

  Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.

• Opinion

  Congress Needs To Enact A Federal Anti-SLAPP Statute

  

  Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.