Expert Analysis

• Murdaugh Trials Offer Law Firms Fraud Prevention Reminders

  

  As the fraud case against Alex Murdaugh continues to play out, the evidence and narrative presented at his murder trial earlier this year may provide lessons for law firms on implementing robust internal controls that can detect and prevent similar kinds of fraud, say Travis Casner and Helga Zauner at Weaver and Tidwell.

• Firm Tips For Helping New Lawyers Succeed Post-Pandemic

  

  Ten steps can help firms significantly enhance the experience of attorneys who started their careers in the coronavirus pandemic era, including facilitating opportunities for cross-firm connection, which can ultimately help build momentum for business development, says Lana Manganiello at Equinox Strategy Partners.

• Tackling Judge-Shopping Concerns While Honoring Localism

  

  As the debate continues over judge-shopping and case assignments in federal court, policymakers should look to a hybrid model that preserves the benefits of localism for those cases that warrant it, while preventing the appearance of judge-shopping for cases of a more national or widespread character, says Joshua Sohn at the U.S. Department of Justice.

• Perspectives

  How Attorneys Can Help Combat Anti-Asian Hate

  

  Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.

• Opinion

  Congress Needs To Enact A Federal Anti-SLAPP Statute

  

  Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.

• Alstom Arb. Case Shows 3 Approaches To Corruption Claims

  

  French, English and Swiss courts have provided differing assessments of post-award corruption allegations in the long-running case Alexander Brothers v. Alstom, which is clearly undesirable, and may affect arbitration tactics, says Harriet Chopra at Fladgate.

• 5 Insider-Threat Reminders After Recent DOJ Prosecutions

  

  Three recent U.S. Department of Justice actions may well lead to much greater scrutiny of companies in which insiders engage in a variety of corporate misconduct, including conducting or enabling cybercrimes, which will likely fall not just on government contractors, but across industries and geographies, say attorneys at Paul Weiss.

• Applying The Singapore Convention In UK: The Key Questions

  

  While the U.K. government's recent decision to join the Singapore Convention is welcome, the hard work arguably starts now in devising the domestic rules to implement it, which should not be treated as a straightforward exercise, says Jan O'Neill at Herbert Smith.

• Some Client Speculations On AI And The Law Firm Biz Model

  

  Generative artificial intelligence technologies will put pressure on the business of law as it is structured currently, but clients may end up with more price certainty for legal services, and lawyers may spend more time being lawyers, says Jonathan Cole at Melody Capital.

• 10th Circ. Highlights US Court Discretion On Arbitral Awards

  

  The Tenth Circuit's recent decision enforcing an arbitral judgment against a Mexican cement company even after it was annulled in Bolivia could signal an expansion in district courts' discretionary powers over motions to enforce foreign arbitral awards, say Max Chester and Parker White at Foley & Lardner.

• US Security Exception Proposal May Undermine The WTO

  

  A U.S. proposal, floated earlier this month, to clarify that the General Agreement on Tariffs and Trade's essential security exception is wholly self-judging would provide an unfettered ability for a country to avoid any of its World Trade Organization obligations, further destabilizing the WTO and international rule of law, say attorneys at Akin Gump.

• A Lawyer's Guide To Approaching Digital Assets In Discovery

  

  The booming growth of cryptocurrency and non-fungible tokens has made digital assets relevant in many legal disputes but also poses several challenges for discovery, so lawyers must garner an understanding of the technology behind these assets, the way they function, and how they're held, says Brett Sager at Ehrenstein Sager.

• Opinion

  High Court's Ethics Statement Places Justices Above The Law

  

  The U.S. Supreme Court justices' disappointing statement on the court's ethics principles and practices reveals that not only are they satisfied with a status quo in which they are bound by fewer ethics rules than other federal judges, but also that they've twisted the few rules that do apply to them, says David Janovsky at the Project on Government Oversight.

• Opinion

  Time For Law Schools To Rethink Unsung Role Of Adjuncts

  

  As law schools prepare for the fall 2023 semester, administrators should reevaluate the role of the underappreciated, indispensable adjunct, and consider 16 concrete actions to improve the adjuncts' teaching experience, overall happiness and feeling of belonging, say T. Markus Funk at Perkins Coie, Andrew Boutros at Dechert and Eugene Volokh at UCLA.

• Investment Arbitration May Aid Stakeholders In Russian Cos.

  

  Though Russian countermeasures against international sanctions have caused many foreign investors' assets to become trapped in Russia, arbitration mechanisms provide investors with opportunities to recover significant monetary damages for their losses, say Eric Leikin and Photeine Lambridis at Freshfields.