Expert Analysis

• What May Define Contract Disputes Act Jurisdiction In 2024

  

  Now is a good time to reflect on how several recent decisions may have limited the government's ability to weaponize jurisdictional prerequisites under the Contract Disputes Act, and how this new direction may affect government contractors and practitioners filing CDA appeals in 2024, say attorneys at Seyfarth.

• What The Law Firm Of The Future Will Look Like

  

  As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

• 4 PR Pointers When Your Case Is In The News

  

  Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

• The Space Law And Policy Outlook For 2024

  

  Expect significant movement in space law, regulation and policy in 2024, as Congress, the administration and independent federal agencies like the Federal Communications Commission address the increasingly congested, contested and competitive nature of space and the space industry, say Paul Stimers and Leighton Brown at Holland & Knight.

• Law Firm Strategies For Successfully Navigating 2024 Trends

  

  Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

• The Most-Read Legal Industry Law360 Guest Articles Of 2023

  

  A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

• Inside Higher Education's New FCA Liability Challenges

  

  As the educational sector expands its use of government funding, schools are at increased risk under the False Claims Act, but recent settlements offer valuable lessons about new theories of liability they may face and specific procedures to reduce their exposure, say James Zelenay and Jeremy Ochsenbein at Gibson Dunn.

• HHS Advisory Highlights Free Product Inducement Risks

  

  A recent U.S. Department of Health and Human Services advisory opinion highlights concerns that valuable free products and other inducements may influence patients and providers to choose one manufacturer’s product over another, notwithstanding that such free healthcare products may be a benefit, say attorneys at Morgan Lewis.

• Attorneys' Busiest Times Can Be Business Opportunities

  

  Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

• Bribery Bill Fills Gap In Foreign Corruption Enforcement

  

  Congress recently passed the Foreign Extortion Prevention Act, significantly expanding the U.S. government's ability to prosecute foreign officials who seek or demand bribes, but if enacted, the legislation could also create tension with other nations, say attorneys at Ropes & Gray and Mayer Brown.

• In The World Of Legal Ethics, 10 Trends To Note From 2023

  

  Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

• Contract Disputes Recap: Termination and Accrual

  

  Edward Arnold and Bret Marfut at Seyfarth Shaw examine three recent decisions that illustrate why contractors should consider, during the bidding process, impediments to their ability to meet contract requirements, and the need to track the accrual dates of individual claims that may arise during performance to avoid being time-barred.

• How Attorneys Can Be More Efficient This Holiday Season

  

  Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

• 5 Gifts That May Run Afoul Of Government Ethics Rules

  

  As the holiday season ramps up, it’s essential to keep in mind that government officials and employees are all subject to specific gift rules, and related violations can lead to consequences far worse than coal in one’s stocking, say Mark Renaud and Rob Walker at Wiley.

• What DOD Commercial Product Rule Means For Contractors

  

  A recent amendment to the Defense Federal Acquisition Regulation Supplement, along with forthcoming changes to the definition of what constitutes a subcontract, will offer some relief for commercial products and services contractors, but the U.S. Department of Defense should do more to reduce regulatory burdens, say Daniel Ramish and Jonathan Shaffer at Haynes Boone.