Illinois

Expert Analysis

• Looking For Judicial Activists? Check The Footnotes

  

  U.S. Supreme Court nominees typically face intense questioning over potential judicial activism, but a better way to gauge judges' activist tendencies may be to look at the footnotes in their opinions, say Christopher Collier at Hawkins Parnell and Michael Arndt at Rohan Law.

• Best Practices For Legal Technology Adoption

  

  The pandemic has accelerated the need to improve the practice of law through technology, but law firms and in-house legal departments must first ensure they have employee buy-in and well-defined processes for new digital tools, say Dan Broderick at BlackBoiler and Daryl Shetterly at Orrick.

• 8 Steps To Record Employment Decisions In Uncertain Times

  

  In light of COVID-19 and an increased focus on social justice, companies that follow a consistent protocol for documenting employment decisions can decrease their risk of scrutiny and legal exposure, says Lauren Ziegler at McDermott.

• Opinion

  Dakota Pipeline Challenge Undermines Permitting Process

  

  If Standing Rock Sioux Tribe v. Army Corps of Engineers succeeds at challenging the Dakota Access Pipeline's environmental permitting more than three years after it came online, other infrastructure projects might also face legal battles long after they are built, says David Hill at the Columbia University Center on Global Energy Policy.

• The Pandemic's Long-Term Impact On Law Firm Operations

  

  Brian Burlant at Major Lindsey looks at how pandemic-era remote work has changed the way law firms operate — from shifts in secretarial functions to associate professional development — and explains why some alterations may be here to stay.

• Opinion

  Lack Of Access To Remote Court Proceedings Is Inexcusable

  

  Blanket rules that bar recording or dissemination of remote public court proceedings impede presumptive common law and First Amendment right of access, greatly expand courts' powers over nonparties, and likely run afoul of U.S. Supreme Court precedent, says Matthew Schafer at ViacomCBS.

• Opinion

  Why Attacks On Trump's Election Lawyers Are Problematic

  

  The vilification of Jones Day and Porter Wright for their involvement in President Donald Trump's election lawsuits is an attack on lawyers' duty to advocate for their clients' causes fearlessly and zealously within the bounds of the law, says Pierce O'Donnell at Greenberg Glusker.

• Business Community Mostly Wins On Tax Ballot Measures

  

  Thanks to corporate efforts, voters across the country rejected a range of state and local ballot measures that would have raised taxes, with the exception of San Francisco, where a slew of changes will create significant compliance challenges for businesses, say attorneys at Eversheds Sutherland.

• Avoiding 6 Common E-Discovery Production Pitfalls

  

  Vanessa Barsanti and Sarah Mahoney at Redgrave explore how attorneys can prevent collateral discovery disputes by efficiently overseeing the electronic document review process and ensuring the integrity of the information provided to opposing counsel.

• Series

  AGs In A Pandemic: Weiser Talks Colo. Health Orders

  

  Colorado Attorney General Phil Weiser explains how his office collaborated with local governments to enforce COVID-19 public health orders, and how moral suasion and education have limited the need for civil and criminal penalties against businesses.

• Law Firm Biz Development Tips For The Pandemic Era

  

  Jessica Starr and Monica Ulzheimer at Alston & Bird look at four areas where business development and other law firm administrative teams can take a leadership role in driving practice growth at a time when attorney interactions with clients and peers are limited.

• Avatar IP Considerations For Music-Gaming Integration

  

  Before integrating music into video games using reproductions of artists as avatars, game publishers and entertainers should make a concerted effort to obtain appropriate permissions or licenses to minimize the risk of intellectual property and likeness rights infringement, say attorneys at Covington.

• 'Faithless Electors' Bring New Questions For States

  

  With a razor-thin margin separating the presidential candidates, so-called faithless electors who cast their Electoral College ballots for someone other than the winner of the state's popular vote could prompt legal challenges, with no clear guidance for states that lack strong controls, say Simon Cataldo and Cory Liu at the Ashcroft Law Firm.

• The Legal Implications Of Mobile Health Advancements

  

  With the pandemic rapidly accelerating the timeline for the shift to remote and mobile health care, providers will need to keep a close eye on new privacy and cybersecurity risks, and on new potential to collect real-time information from patients, say attorneys at Squire Patton.

• Opinion

  BigLaw Must Drop The Billable Hour To Improve Diversity

  

  Implementing pay structures that compensate attorneys for achieving clients' goals rather than measuring success based on hours billed is a necessary first step to keeping underrepresented attorneys in BigLaw, says Elizabeth Korchin at Therium Capital.