Expert Analysis

• Where Kavanaugh May Land On SEC In-House Court Issue

  

  Justice Brett Kavanaugh's agreement with the U.S. Supreme Court majority in West Virginia v. U.S. Environmental Protection Agency, along with a previous dissenting opinion in the D.C Circuit, is a good predictor of his views in two cases challenging judicial procedures at the U.S. Securities and Exchange Commission and Federal Trade Commission, says Evan Stewart at Cohen & Gresser.

• Opinion

  Federal Courts Should Adopt Supreme Court's Amicus Stance

  

  The federal courts of appeals should adopt the U.S. Supreme Court's new approach to amicus curiae briefs, which allows the friend-of-the-court submissions to be filed without consent from the court or the parties, says Lawrence Ebner at Atlantic Legal Foundation.

• Patent Fee-Shifting Often Leaves Prevailing Parties Unpaid

  

  A prevailing party may have a 2-3 chance of getting paid under the Section 285 fee-shifting statute for patents, making reform efforts to ensure receipt of payment worth considering, say Adam Shartzer and Josh Carrigan at Fish & Richardson.

• 3 Pricing Trends In Law Firm Use Of Litigation Funding

  

  As BigLaw firms increasingly include litigation funding as a financing option for clients, internal pricing groups are taking the lead on standardizing and centralizing firm processes, and aggregating risk budgets, says Brendan Dyer at Woodsford Group.

• Safeguarding Attorneys' Greatest Asset: Our Mental Health

  

  Attorneys who understand that mental fitness is their most valuable characteristic should prioritize mental health care accordingly, including with certain activities they may not realize qualify as self-care, says Wendy Robbins at Holland & Knight.

• Opinion

  Law Schools Are Right To Steer Clear Of US News Rankings

  

  By opting out of participating in the U.S. News & World Report annual rankings, law schools abandon a profoundly flawed system and free up their resources to adapt to the tsunami of changes overtaking the profession, says Nicholas Allard at Jacksonville University College of Law.

• Opinion

  Litigation Funders Seek Transparency In Disclosure Debate

  

  Litigation funders want to correct the record on calls for funding disclosure in the name of transparency, as this purported justification obscures the disclosure's adverse effects — prejudicing plaintiffs' cases and discouraging the assertion of meritorious legal claims, say Dai Wai Chin Feman and William Weisman at Parabellum Capital.

• 5 Principles For Better Professional Development Programs

  

  The pandemic and ensuing "great resignation" have resulted in a more transient legal work force, but law firms can use effective professional development programs to bridge a cultural gap with new associates and stem associate attrition, says Matthew Woods at Robins Kaplan.

• Series

  My Favorite Law Prof: How I Learned To Practice With Passion

  

  First Circuit Judge Gustavo Gelpí recalls how Suffolk University Law School's Joseph Glannon taught the importance of the law as both a tool and a profession, and that those who wish to practice law successfully must do so with love, enthusiasm and passion.

• Questions To Ask Before Making A Lateral Move As Partner

  

  Law firm partners considering lateral moves should diligently interview prospects — going beyond standard questions about compensation to inquire about culture, associate retention and other areas that can provide a more comprehensive view, says Lauren Wu at VOYLegal.

• Roundup

  My Favorite Law Professor

  

  As law schools navigate adapting to the pandemic, technological advancements, and the needs and expectations of Gen Z, this Expert Analysis series features stories of teaching methods that have had a meaningful impact on members of the legal industry.

• Pointers For Women IP Attorneys Building Fed. Circ. Practices

  

  Julie Goldemberg at Morgan Lewis offers a series of tips for women intellectual property attorneys seeking to build Federal Circuit practices, including how to gain trial experience in high-level patent litigation despite documented challenges in doing so.

• Series

  My Favorite Law Prof: How I Learned To Argue Open-Mindedly

  

  Queens College President Frank Wu reflects on how Yale Kamisar’s teaching and guidance at the University of Michigan Law School emphasized a capacity to engage with alternative worldviews and the importance of the ability to argue for both sides of a debate.

• ABA's No-Contact Rule Advice Raises Questions For Lawyers

  

  The American Bar Association's ethics committee recently issued two opinions concerning the no-contact rule — one creates an intuitive and practical default for electronic communications, while the other sets a potential trap for pro se lawyers, say Lauren Snyder and Deepika Ravi at HWG.

• 4 Key Skills For An Effective Attorney Coaching Conversation

  

  As BigLaw firms are increasingly offering internal coaching as one of many talent strategies to stem ongoing lawyer attrition, Stacey Schwartz at Katten discusses how coaches can help attorneys achieve their goals.