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Expert Analysis

• Stanford Law Protest Highlights Rise Of Incivility In Discourse

  

  The recent Stanford Law School incident, where students disrupted a speech by U.S. Circuit Judge Kyle Duncan, should be a reminder to teach law students how to be effective advocates without endangering physical and mental health, says Nancy Rapoport at the University of Nevada.

• Dispute Prevention Strategies To Halt Strife Before It Starts

  

  With geopolitical turbulence presenting increased risks of business disputes amid court backlogs and ballooning costs, companies should consider building mechanisms for dispute prevention into newly established partnerships to constructively resolve conflicts before they do costly damage, say Ellen Waldman and Allen Waxman at the International Institute for Conflict Prevention and Resolution.

• Key Takeaways In Ex-NY Lt. Gov.'s Tossed Bribery Charges

  

  In dismissing bribery charges against former New York Lt. Gov. Brian Benjamin, a Manhattan federal court stringently defined an explicit quid pro quo — the latest in a string of federal rulings that have narrowed the use of federal public corruption laws to pursue state-level officials, say attorneys at Arnold & Porter.

• High Court Bankruptcy Ruling Is A Warning To Joint Obligors

  

  The U.S. Supreme Court’s recent ruling in Bartenwerfer v. Buckley opens the door to increased litigation surrounding the dischargeability of joint debts, and although it highlights the heightened risks to debtors posed as members of a partnership, its reach may exceed beyond liability for a partner's fraud, say Andrew Buxbaum and Deborah Kovsky-Apap at Troutman Pepper.

• Practical Skills Young Attorneys Must Master To Be Happier

  

  For young lawyers, finding happiness on the job — with its competitive nature and high expectations for billable hours — is complicated, but three skills can help them gain confidence, reduce stress and demonstrate their professional value in ways they never imagined, says career counselor Susan Smith Blakely.

• Establishing A Record Of Good Faith In Mediation

  

  Viacom v. U.S. Specialty Insurance, and other recent cases, highlight the developing criteria for determining good faith participation in mediation, as well as several practical tips to establish such a record, says Richard Mason at MasonADR.

• Honchariw Case May Greatly Affect Default Loans In Calif.

  

  Because a California state appeals court held in Honchariw v. FJM that default interest is unlawful when a lender assesses it against the full outstanding principal balance on a partially matured loan, lenders should prepare for borrowers to increasingly rely on the case when challenging default interest, say attorneys at Duane Morris.

• 5 Takeaways From Recent CFPB, FTC Equal Credit Push

  

  The Consumer Financial Protection Bureau and Federal Trade Commission overlap in regulating a wide range of banks and nonbanks, and the recent concerted effort from both agencies to address discrimination in financial services should remind organizations to reexamine their anti-discrimination and Equal Credit Opportunity Act compliance, say attorneys at Wiley.

• ABA Opinion Should Help Clarify Which Ethics Rules Apply

  

  A recent American Bar Association opinion provides key guidance on interpreting ABA Model Rule 8.5's notoriously complex choice-of-law analysis — and should help lawyers authorized to practice in multiple jurisdictions determine which jurisdiction's ethics rules govern their conduct, say attorneys at HWG.

• Where Illinois And Federal Law Differ On Community Finance

  

  As state regulators finalize the implementing regulations in the Illinois Community Reinvestment Act, attorneys at Vedder Price break down the law's material provisions, compare them to those in the federal counterpart and outline what banks in the state can expect.

• 4 Ways To Reboot Your Firm's Stalled Diversity Program

  

  Law firms that have failed to see real progress despite years of diversity initiatives can move forward by committing to tackle four often-taboo obstacles that hinder diversity, equity and inclusion efforts, says Steph Maher at Jaffe.

• DOJ's Google Sanctions Motion Shows Risks Of Auto-Deletion

  

  The U.S. Department of Justice recently hit Google with a sanctions motion over its alleged failure to preserve relevant instant-messaging communications, a predicament that should be a wake-up call for counsel concerning the danger associated with automatic-deletion features and how it's been handled by the courts, say Oscar Shine and Emma Ashe at Selendy Gay.

• What To Expect From A Litigation Finance Industry Recession

  

  There's little data on how litigation finance would fare in a recession, but a look at stakeholders' incentives suggests corporate demand for litigation finance would increase in a recessionary environment, while the number of funders could shrink, says Matthew Oxman at LexShares.