Hospitality

Rebuttal

Courts Are Not Shifting On COVID Biz Interruption Stance

Although a recent Law360 guest article suggested that the pendulum is about to swing in favor of policyholders seeking business interruption coverage for pandemic-related losses, the larger body of appellate case law — applying the laws of 25 states — continues to find no coverage, say attorneys at Dentons.

Rebuttal

ABA Is Defending Profession's Values From Monied Influences

A recent Law360 guest article suggested that the American Bar Association ignored new opportunities for the legal industry by opposing nonlawyer ownership of law practices, but any advantages would be outweighed by the constraints nonlawyer owners could place on the independence that lawyers require to act in the best interest of their clients, says Stephen Younger at Foley Hoag.

How In-House Counsel Can Better Manage Litigation Exposure

In anticipation of economic downturn and increased litigation volume, the true struggle for an in-house team is allocating their very limited and valuable attentional resources, but the solution is building systems that focus attention where it can be most effective in delivering better outcomes, say Jaron Luttich and Sean Kennedy at Element Standard.

Practical E-Discovery Lessons From The Alex Jones Case

The accidental disclosure of mobile phone data during the Alex Jones defamation damages trial underlines the importance of having in place a repeatable e-discovery process that includes specific steps to prevent production of data that may be privileged, sensitive or damaging to the case, say Mike Gaudet and Richard Chung at J.S. Held.

The Ethical Risks For Lawyers Accepting Payments In Crypto

Ohio recently became the fifth jurisdiction to provide attorneys guidance on accepting cryptocurrency as payment or holding cryptocurrency in escrow, but lawyers should beware the ethics rules such payments may implicate, and consider three practical steps to minimize the risks, say Hilary Gerzhoy and Jared Marx at HWG.

Envisioning Metaverse-Based Litigation In The Real World

Attorneys should entertain the possibility of the metaverse becoming a matter of interest in real-world courts by considering what could cause actions outside the virtual world and digital forensics hurdles to be cleared in demonstrating the offense, identifying the culpable parties and collecting damages, say consultants at Keystone Strategy.

Opinion

ABA Stance On Role Of Nonlawyers Is Too Black And White

The American Bar Association's recent resolution affirming its long-standing opposition to nonlawyers owning law practices or receiving shares of legal fees overstates the ethical, professional and regulatory challenges — and ignores the potential benefits — of allowing nonlawyers greater participation in the legal industry, say Peter Jarvis and Trisha Rich at Holland & Knight.

How D&O Insurers Can Limit Bankruptcy Exclusion Risks

Amid challenging economic conditions, directors and officers underwriters can't always rely on insolvency exclusions to protect against insured's bankruptcy claims, but there are ways to limit risk exposure, like by adding creditor exclusions or sublimiting coverage, say Kristine Christ at Crum & Forster, and Scott Schechter and Joshua DiLena at Kaufman Borgeest.

Harnessing The Power Of Big Data In Litigation

The growth in the volume, scope and utility of available data — with vendors tracking and selling data, and government releasing large data sets — requires consideration of new data analysis approaches and technological tools that can help provide objective insights in litigation matters, answer key liability and damages questions, and support critical discovery efforts, say analysts at Bates White.

How Law Firm Operations Can Adjust To New COVID Realities

Given that COVID-19 may be here to stay, law firms must once again rethink their office policies and culture to adapt to new trends and the permanent lifestyle changes that many attorneys and employees have made, say Kami Quinn and Adam Farra at Gilbert.

Golf Project Ch. 11 Ruling Is A Deal Term Negotiation Lesson

A Hawaiian bankruptcy court’s recent Pacific Links golf project ruling reinforces the standard lesson of being extra careful when negotiating deal terms with a financially distressed counterparty, and highlights why asset valuation is always a crucial consideration, say Daniel Lowenthal and Maxwell Weiss at Patterson Belknap.

Law Of The Case Is More Nuanced Than You May Think

The recent Seventh Circuit decision in Flynn v. FCA highlights how frequent misconceptions about the law of the case doctrine are, and suggests that litigants should take a hard look at the key qualifications — and quirks — of this narrow and discretionary doctrine before relying on it as a silver bullet, says Michael Soyfer at Quinn Emanuel.

8 Key Factors That Influence COVID Commercial Lease Suits

As courts grapple with questions regarding unpaid commercial rent during the pandemic, common factors in key cases can help parties assess whether to move forward with their own commercial lease litigation, say Theresa Wanat and Francie Trimble at Holland & Knight.

Engage Associates At Orientation With Thoughtful Activities

The pandemic has driven home the dangers of taking associate talent for granted, and law firms should consider five types of orientation activities that give new employees a greater sense of belonging, set the tone at the outset for a long career and influence attitudes toward the firm, says Joseph Gerstel at GetSomeClass.

The Cruciality Of Building Client Intimacy Ahead Of Recession

Attorneys are likely already feeling the pressure that a recession brings to control costs and at least hold the line on top-line growth — but strengthening client relationships through increased communication will ensure continued progress under such conditions, says Dave Southern, a business development and marketing professional.