Expert Analysis

• Opinion

  Litigation Funding Disclosure Should Be Mandatory

  

  Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.

• Recalling USWNT's Legal PR Playbook Amid World Cup Bid

  

  As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

• Assessing EPA's Potential Retreat On Title VI Enforcement

  

  The U.S. Environmental Protection Agency's decision to close its Title VI investigation of Louisiana — rather than respond to the state's litigation challenge against it — raises questions about the efficacy of the agency's plans to use Title VI in support of its environmental justice initiatives, say Susan Richardson and Jeffrey Davidson at Kilpatrick Townsend.

• High Court's Tribal Water Rights Ruling Steadies The Boat

  

  The U.S. Supreme Court's recent ruling in Arizona v. Navajo Nation — concerning the federal government's obligations to help secure tribal access to water — overturns a Ninth Circuit decision that could have undermined existing state adjudication processes and unleashed a wave of tribal water rights claims, say attorneys at Perkins Coie.

• Perspectives

  Mallory Gives Plaintiffs A Better Shot At Justice

  

  Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.

• Why Seminole Tribe Sports Betting Ruling Is A Net Positive

  

  The D.C. Circuit Court’s recent ruling that a gambling compact between Florida and the Seminole Tribe is lawful even though it allows for online sports betting expands the tribe's offerings while maintaining exclusivity and is a win for individuals who wish to legally wager on sports within Florida, says Daniel McGinn at Dean Mead.

• Courts Can Overturn Deficient State Regulations, Too

  

  While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.

• Tales From The Trenches Of Remote Depositions

  

  As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.

• Opinion

  The Case For Seating The Cherokee Nation's Delegate

  

  The U.S. government should follow through on its obligation to seat a delegate from the Cherokee Nation in the U.S. House of Representatives, as explicitly promised in a treaty ratified nearly 200 years ago, says Jack Baker at the National Trail of Tears Association.

• Sackett Ruling, 'Waters' Rule Fix Won't Dry Up Wetlands Suits

  

  In the wake of the U.S. Supreme Court's recent ruling in Sackett v. U.S. Environmental Protection Agency narrowing the scope of Clean Water Act protections, the Biden administration is amending its rule defining "waters of the United States" — but the revised rule will inevitably face further court challenges, continuing the WOTUS legal saga indefinitely, say attorneys at Milbank.

• Bid Protest Spotlight: Errors, Experience, Corrective Action

  

  In this month's bid protest spotlight, Krista Nunez at MoFo looks at three recent decisions from the U.S. Court of Federal Claims and the U.S. Government Accountability Office considering the resolution of proposal inconsistencies through clarifications, the importance of reading solicitations in full and the scope of an agency’s corrective action.

• Minn. Mine Denial Stresses Importance Of Tribal Partnerships

  

  The Army Corps of Engineers' decision to revoke a suspended Clean Water Act permit for a proposed mine in Minnesota is a reminder that project developers need to take tribal authority and rights seriously and consider early and frequent consultation with tribes, say attorneys at K&L Gates.

• Level Up Lawyers' Business Development With Gamification

  

  With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.

• Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled

  

  In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.

• EPA Draft Plastic Pollution Plan Offers Opportunities For Cos.

  

  The U.S. Environmental Protection Agency's recently released draft national strategy to prevent plastic pollution, if implemented as is, will have serious implications for waste collection and processing businesses, but also highlights growth opportunities for companies seeking to capitalize on the emerging circular economy, say attorneys at DLA Piper.