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Innovating Hybrid: Empathy and Iteration

January 01, 2023

Recognizing that this is a time of innovation, one way law firms can 'prepare for a future we can't yet see' is through leveraging two key levers: the need for empathy and iteration.

Cryptocurrency: Rich In Investment Opportunity; Ripe for Fraud Schemes

January 01, 2023

The recent implosion of FTX Trading leaves investors and their advisers wondering whether any crypto investment is safe. There have been dozens of cryptocurrency-related fraud schemes in recent years including Ponzi schemes and investment schemes using crypto and the blockchain to facilitate the fraud scheme.

Are You Ready for Europe's New Patent System?

January 01, 2023

In Europe, the patent system is changing and will offer to companies a new patent protection and a new patent court. It should start in April 2023, with a sunrise period starting in January 2023.

5 Digital Marketing Trends to Follow to Stay Competitive In 2023

January 01, 2023

Amid the seismic shift of law firms joining the digital revolution, five key trends are emerging that will help shape how clients interact with firms and determine who their representation will be in the coming year.

Players On the Move

January 01, 2023

A look at moves among attorneys, law firms, companies and other players in entertainment law.

What the SEC May Be Signaling Through Its Approach to NFTs and F-NFTs

January 01, 2023

Recent actions by the U.S. Securities and Exchange Commission (SEC), together with certain statements by SEC commissioners, may indicate a shift in approach toward a rebuttable presumption that digital assets are securities, without deference to formal legal tests.

Litigation Financing 2.0: Financing the Business of Law

January 01, 2023

It is not accidental that funding the creation or growth of law firms and practice groups has tended to follow a traditional path. Rather, this circumstance is a combination of traditional legal temperament and structural barriers to innovation. Recently, there have been changes to both.

Without Mandatory Retirement, Lack of Succession Plans Threaten Small and Midsize Firms

January 01, 2023

In the post-pandemic era, widely adopted flexible work arrangements have given lawyers a new view of their work. But in a profession without mandatory retirement policies, a partner's decision to keep practicing may not entail a discussion of the ultimate succession of their practice and clientele.

What's In Store for Bankruptcy In 2023?

January 01, 2023

Practitioners Weigh In If anyone was holding out hope for a tidal wave of corporate bankruptcies in 2022, it's time to abandon ship. If that was part of your 2023 budget, don't get on the ship altogether.

Conflict Strategies: Three Keys to an (Almost) Drama-Free 2023 for Your Law Firm

December 01, 2022

Office drama can be a big problem for law firms. Whether it is showing up as office gossip, the partner who is terrible to their associates and staff, two people who just cannot seem to get along, or a revolving door of lawyers or staff, drama can be distracting, hamper productivity, and reduce billable hours.

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The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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Law Firm Management
The Business of Legal Spend: How Finance Professionals Can Drive Smarter Outside Counsel Management
Legal spend has become a core business issue that now shapes financial planning, operational decision making and risk management. What once lived primarily in the legal department has become a shared responsibility across client legal, finance, and operations teams and their outside counsel.
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Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
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The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
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Artificial Intelligence
When Efficiency Meets the Duty to Verify: Reflections on The Verification-Value Paradox
The Verification-Value Paradox states that increases in efficiency from AI use “will be met by a correspondingly greater imperative to manually verify” the outputs. The result is that the net value of AI in many legal contexts may be negligible once verification is honestly accounted for. For low-stakes tasks, verification costs are light. For core legal work, verification costs are heavy. That’s the tension.
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