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Expert Analysis

• Limiting The Scope Of Representation Is Critical For Lawyers

  

  A Mississippi federal court's recent decision in Kee v. Howard L. Nations PC highlights the importance of well-written engagement letters, and shows why it is vital for attorneys to specify exactly which services they intend to supply, says Ronald Levine at Herrick Feinstein.

• Attys Shouldn't Assume Judicial Critique Is Protected Speech

  

  As it becomes more commonplace to see criticism of the judiciary in the media, licensed attorneys are well advised to remember that they may have less freedom than nonlawyers to make protected speech critical of the judiciary, says Mark Hinderks at Stinson.

• EPA's Permitting FAQ Goes Beyond The Letter Of The Law

  

  The U.S. Environmental Protection Agency's recent guidance on environmental justice and civil rights in permitting has no legally binding effect, but the question is whether it will have a coercive effect — and if so, to what degree regulatory authorities will feel pressured to adopt the agency's recommendations, say Karen Bennett and Cameron Dorais at Lewis Brisbois.

• How Crypto Miners Can Support A Cleaner Energy System

  

  While cryptocurrency mining uses enormous amounts of energy, the industry is aware of the need to reduce its carbon footprint — and positive practices such as decarbonizing power grids and supporting dispatchable supply can allow it to do so, say Dennis Elsenbeck and David Flynn at Phillips Lytle.

• Series

  Keys To A 9-0 High Court Win: Practicality Over Perfection

  

  When I argued for the petitioner in Wooden v. U.S. last year, I discovered that preparation is key, but so is the right kind of preparation — in giving decisive answers to the U.S. Supreme Court justices' hypothetical questions I was not aiming for perfection, just the best response available, says Allon Kedem at Arnold & Porter.

• 5 Considerations When Seeking Federal EV Funding

  

  A recent White House fact sheet shows how federal efforts to support the full scope of the electric vehicle industry have moved the needle, but some details about how to use those funds are still being ironed out, and there are a few issues to watch, say attorneys at Morgan Lewis.

• What New Bar Exam Means For Law Students And Schools

  

  Stephanie Acosta at UWorld discusses how law students and law schools can start preparing now for the new bar exam launching in 2026, which is expected to emphasize real-world lawyering skills-based tasks over rote memorization.

• Apple's New Messaging Features Will Complicate E-Discovery

  

  Apple's newest mobile operating system allows users to edit and recall messages and recover deleted messages, which could significantly increase the time, burden and expense of processing and analyzing cellphones if messages or their associated metadata become an area of scrutiny in a case, says Jarrett Coco at Nelson Mullins.

• Regulatory Changes That May Affect Investments In Wireless

  

  A potential acquisition or investment in the wireless space requires a fulsome understanding of the regulatory environment, including a new spectrum strategy under the Biden administration, the potential for more legal challenges to Federal Communications Commission decisions and more, says Laura Stefani at Venable.

• Law Firm Inclusion Efforts Often Overlook Business Staff

  

  Law firms committed to a culture of universal inclusion can take steps to foster a sense of belonging in their business services teams, says Jennifer Johnson at Calibrate Consulting.

• What's At Stake In Court Split Over Foreign Bribery Charges

  

  Texas and Florida federal courts recently reached opposite conclusions on the extraterritorial application of U.S. money laundering laws in foreign bribery prosecutions, and if the Fifth Circuit upholds the Texas court’s reasoning, the U.S. Department of Justice could lose a significant enforcement tool, say James Koukios and Heather Han at MoFo.

• An Associate's Guide To Rebounding After A Layoff

  

  Law firm associates laid off due to economic conditions can recuperate and move forward by practicing self-care, identifying key skills to leverage during the job search, engaging in self-reflection and more, say Kate Sheikh at Major Lindsey and wellness consultant Jarrett Green.

• AML Regulation Of Lawyers Is Imminent And Controversial

  

  The U.S. House of Representatives' recently passed National Defense Authorization Act subjects lawyers engaged in certain financial-related activities to anti-money laundering regulation under the Bank Secrecy Act, which could pit lawyers against clients in ways harmful to the rule of law and administration of justice, says Jeremy Glicksman at the Nassau County District Attorney’s Office in New York.

• Opinion

  FERC Proposal Conflicts With 'Major Questions' Doctrine

  

  Federal Energy Regulatory Commission Chairman Richard Glick's recent claim that FERC retains the right to evaluate the greenhouse gas emissions of natural gas projects flies in the face of the so-called major questions doctrine laid out by the U.S. Supreme Court earlier this year, says attorney Terry Campo.

• Biden Order's New Lens Puts Foreign Transactions In Focus

  

  President Joe Biden's landmark executive order on national security factors that will be considered by the Committee on Foreign Investment in the United States provides a new perspective for parties addressing questions and concerns on transactions, and reaffirms the role of CFIUS in national security, say attorneys at Simpson Thacher.