Expert Analysis

• 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.

• New Fla. Immigration Law May Have Crippling Effects

  

  Florida's new immigration law, which went into effect on July 1, will be especially burdensome in industries where retaining adequate staff is already an issue, so employers must assess their staff and thoroughly examine their employee records to check that all documentation is valid to avoid crippling fines and loss of licenses, says Trent Cotney at Adams and Reese.

• A Blueprint For Addressing The Immigration Court Backlog

  

  Since 2009, far more persons have been placed in removal proceedings than U.S. immigration courts could accommodate, but the government can reduce the 1.9 million-case backlog with steps that include reforming the court and the broader immigration system in a way that still prioritizes both due process and immigration enforcement, says Donald Kerwin at the Center for Migration Studies.

• How Multiagency Sanctions Enforcement Alters Compliance

  

  Recent indictments and guidance emphasizing scrutiny of third-party intermediaries make clear the government's increasingly interagency approach to sanctions enforcement and its view that financial institutions are the first line of defense against evasion efforts, particularly in connection with Russia's invasion of Ukraine, say attorneys at Ballard Spahr.

• 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.

• H-1B Registration System Is Broken But Not Beyond Repair

  

  Recent U.S. Citizenship and Immigration Services statistics confirm that the H-1B registration system, the primary path to U.S. employment for high-skilled foreign nationals, is in dire straits, but ongoing transparency, a willingness to seek input from stakeholders and thoughtful regulatory reforms could ensure its continued viability, say attorneys at Berry Appleman.

• A Midyear Look At Expected Changes In Business Immigration

  

  While legislative immigration reform remains a nonstarter this year, U.S. businesses and their advisers should keep an eye on agency-level regulatory efforts that are underway, which may bring significant changes to filing fees, employment verification, visa renewal processing and more, says Rami Fakhoury at Fakhoury Global.

• 5 Ways Firms Can Rethink Office Design In A Hybrid World

  

  As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.

• Opinion

  Bar Score Is Best Hiring Metric Post-Affirmative Action

  

  After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.

• Ghosting In BigLaw: How To Come Back From Lack Of Feedback

  

  Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.

• Pugin Ruling Lowers Bar For Felony-Based Deportation

  

  The U.S. Supreme Court's recent decision in Pugin v. Garland that an offense may constitute an obstruction of justice aggravated felony, even when an investigation or proceeding is not pending, may allow the government to seek deportation for other low-level offenses never intended to be grounds for felony-based deportation, says Peter Alfredson at Capital Area Immigrants' Rights Coalition.

• Steps To Success For Senior Associates

  Excerpt from Practical Guidance

  

  Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.

• Legal Profession Must Do More For Lawyers With Disabilities

  

  At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.