Expert Analysis

• Opinion

  International Reps Would Advance Native American Interests

  

  As Congress debates granting the Cherokee Nation a representative in the U.S. House of Representatives, another method of advancing tribal nations' political and commercial goals would be to appoint honorary tribal representatives, similar to diplomatic consuls, in other countries, says consultant Lincoln McCurdy.

• The Discipline George Santos Would Face If He Were A Lawyer

  

  Rep. George Santos, who has become a national punchline for his alleged lies, hasn't faced many consequences yet, but if he were a lawyer, even his nonwork behavior would be regulated by the American Bar Association's Model Rules of Professional Conduct, and violations in the past have led to sanctions and even disbarment, says Mark Hinderks at Stinson.

• A Litigation Move That Could Conserve Discovery Resources

  

  Bennett Rawicki at Hilgers Graben proposes the preliminary legal opinion procedure — seeking a court's opinion on a disputed legal standard at the outset, rather than the close, of discovery — as a useful resource-preservation tool for legally complex, discovery-intensive litigation.

• Litigators Should Approach AI Tools With Caution

  

  Artificial intelligence tools like ChatGPT hold potential to streamline various aspects of the litigation process, resulting in improved efficiency and outcomes, but should be carefully double-checked for confidentiality, plagiarism and accuracy concerns, say Zachary Foster and Melanie Kalmanson at Quarles & Brady.

• Opinion

  Religious Claims Shouldn't Put US Minerals Off Limits

  

  To build our high-tech future, the U.S. will need to access the strategic mineral resources found on publicly owned federal lands — but to do so, we will need a better tool to adjudicate tribal religious claims than the overly restrictive Religious Freedom Restoration Act, says Tony Francois at Briscoe Ivester.

• How Proposed BOEM Regs Will Boost Offshore Wind Projects

  

  Newly proposed offshore wind project regulations from the Bureau of Ocean Energy Management represent a substantial regulatory shift that will improve transparency around the timing of lease auctions, streamline approval and oversight for projects in development, and provide needed guidance for future projects, say attorneys at K&L Gates.

• 5 Ways Attorneys Can Use Emotion In Client Pitches

  

  Lawyers are skilled at using their high emotional intelligence to build rapport with clients, so when planning your next pitch, consider how you can create some emotional peaks, personal connections and moments of magic that might help you stick in prospective clients' minds and seal the deal, says consultant Diana Kander.

• 5 Keys To A Productive Mediation

  Excerpt from Practical Guidance

  

  Cortney Young at ADR Partners discusses factors that can help to foster success in mediation, including scheduling, preparation, managing client expectations and more.

• Opinion

  High Court Dispute Shows Need For CWA Clarity

  

  Sackett v. U.S. Environmental Protection Agency illustrates the problems with two overly broad tests used to determine jurisdiction under the Clean Water Act, and offers the U.S. Supreme Court the opportunity to once and for all determine the scope of federal authority under the landmark measure, say Thomas Ward and Jeffrey Augello at the National Association of Home Builders.

• Evaluating The Legal Ethics Of A ChatGPT-Authored Motion

  

  Aimee Furness and Sam Mallick at Haynes Boone asked ChatGPT to draft a motion to dismiss, and then scrutinized the resulting work product in light of attorneys' ethical and professional responsibility obligations.

• 7 Tips To Increase Your Law Firm's DEI Efforts In 2023

  

  Law firms looking to advance their diversity, equity and inclusion efforts should consider implementing new practices and initiatives this year, including some that require nominal additional effort or expense, say Janet Falk at Falk Communications and Gina Rubel at Furia Rubel.

• Series

  Keys To A 9-0 High Court Win: Get Back To Home Base

  

  When I argued for the petitioner in Morgan v. Sundance before the U.S. Supreme Court last year, I made the idea of consistency the cornerstone of my case and built a road map for my argument to ensure I could always return to that home-base theme, says Karla Gilbride at Public Justice.

• New US Waters Definition May Rock The Boat

  

  Federal agencies' latest attempt to define "waters of the United States" attempts to avoid previous rules' failings, though it will potentially increase administrative difficulties for regulated entities and also leaves ample ground for litigation, say Christopher Thomas and Andrea Driggs at Perkins Coie.

• What's At Stake In High Court's Tribal Bankruptcy Ruling

  

  By accepting Lac du Flambeau v. Coughlin, the U.S. Supreme Court has an opportunity to revisit tribal sovereign immunity by way of interpreting the U.S. Bankruptcy Code, with significant repercussions when tribes are eligible to file as debtors, says Wilda Wahpepah at Sheppard Mullin.

• Atty-Client Privilege Arguments Give Justices A Moving Target

  

  Recent oral arguments before the U.S. Supreme Court in a case regarding the scope of the attorney-client privilege appeared to raise more questions about multipurpose counsel communications than they answered, as the parties presented shifting iterations of a predictable, easily applied test for evaluating the communications' purpose, say Trey Bourn and Thomas DiStanislao at Butler Snow.