Expert Analysis

• Opinion

  3 Ways Justices' Disclosure Defenses Miss The Ethical Point

  

  The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.

• Counterfactual Models: A Key Tool In Energy Price Disputes

  

  The Federal Energy Regulatory Commission's recent review of penalties assessed by PJM Interconnection during Winter Storm Elliott is just one example of how estimating the behavior of energy markets in counterfactual scenarios is an essential tool for settling contractual and regulatory disputes, say Kivanç Kirgiz and Manuel Vasconcelos at Cornerstone Research, and independent consultant Roy Shanker.

• Generator, Utility Challenges After FERC Connection Revamp

  

  The Federal Energy Regulatory Commission's recently issued Order No. 2023 requires major changes to the process by which power generators connect to transmission providers, and while it should help better integrate new renewable energy sources, many generators and utilities will face challenges during the transition, say Eric Runge and Margaret Czepiel at Day Pitney.

• 5 Compliance Mistakes To Avoid When Entering A New Market

  

  As many companies move their value chains out of China or expand to new markets for other reasons, they should beware several common compliance pitfalls — such as insufficient due diligence and one-size-fits-all training — to avoid reputational, financial and legal damage, says Alexandra Wrage at TRACE International.

• Mitigating Risk In US Liquefied Natural Gas Contracts

  

  Recent increases in demand for liquefied natural gas in both European and Asian markets will present logistical, economic and legal challenges for suppliers, which will need to mitigate risks posed by both short-term and long-term contracts, says C. Thomas Kruse at Arnold & Porter.

• Caregiver Flexibility Is Crucial For Atty Engagement, Retention

  

  As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.

• How High Court Is Assessing Tribal Law Questions

  

  The U.S. Supreme Court's four rulings on tribal issues from this term show that Justice Neil Gorsuch's extensive experience in federal Native American law brings helpful experience to the court but does not necessarily guarantee favorable outcomes for tribal interests, say attorneys at Dorsey & Whitney.

• Even Without US, Deep-Sea Mining Rules Likely To Prevail

  

  While the U.S. was absent from the International Seabed Authority's recent meeting in Jamaica, and has not ratified the United Nations Convention on the Law of the Sea, it seems increasingly clear that the ISA's forthcoming deep-sea mining regime will become a global framework of reference, say Louise Woods and Elena Guillet at V&E.

• In-Office Engagement Is Essential To Associate Development

  

  As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.

• Trends Emerge In High Court's Criminal Law Decisions

  

  In its 2022-2023 term, the U.S. Supreme Court issued nine merits decisions in criminal cases covering a wide range of issues, and while each decision is independently important, when viewed together, key trends and takeaways appear that will affect defendants moving forward, says Kenneth Notter at MoloLamken.

• Global Analysis Of Climate Suits Reveals Strategic Focus

  

  A recent report from the Grantham Institute, reviewing climate lawsuits around the world and identifying eight types of so-called strategic litigation, offers insights that may help companies reduce their exposure and protect their reputations, say Jason Halper and Sharon Takhar at Cadwalader.

• Perspectives

  A Judge's Pitch To Revive The Jury Trial

  

  Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.

• A Milestone For Offshore Wind In Maine

  

  Recently signed legislation directing Maine to procure up to 3 gigawatts of offshore wind by 2040 offers indisputable promise that the state will soon welcome commercial-scale offshore wind development off its shores, says Joshua Rosen at Foley Hoag.

• How To Recognize And Recover From Lawyer Loneliness

  

  Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.

• 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.