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Expert Analysis

• Series

  Power To The Paralegals: An Untapped Source For Biz Roles

  

  Â鶹´«Ã½ firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.

• Using Federal Forum Provisions To Nix State Securities Cases

  

  A California appeals court's recent decision in Bullock v. Rivian clarifies that underwriters may enforce federal forum provisions to escape state court Securities Act claims, marking progress in restoring such lawsuits to federal court and reducing the litigation costs arising from duplicative state court litigation, say attorneys at Paul Weiss.

• How Trucking Cos. Can Keep Rolling Under Tariff Burdens

  

  Recent Trump administration tariffs present major challenges for the transportation and logistics sector — and, in particular, trucking — but providers who focus on operational efficiency, cost control, customer relationships, creative contract structures and unique offerings will stand out from the competition, say attorneys at Benesch.

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  Playing Poker Makes Me A Better Â鶹´«Ã½yer

  

  Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyÂ鶹´«Ã½.

• Trump Rule Would Upend Endangered Species Status Quo

  

  The Trump administration's recent proposal to rescind the regulatory definition of "harm" in the Endangered Species Act would be a tectonic shift away from years of established regulatory practice, with major implications for both species protection and larger-scale conservation efforts, says David Smith at Manatt.

• DOJ Memo Raises Bar For Imposition Of Corporate Monitors

  

  A recently released U.S. Department of Justice memo, outlining guidance on the imposition of compliance monitors in corporate criminal cases, reflects DOJ leadership’s concerns about scope creep and business costs, but the strategies for companies to avoid a monitorship haven't changed much compared to the Biden era, says James Koukios at MoFo.

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  Â鶹´«Ã½ School's Missed Lessons: Becoming A Firmwide MVP

  

  Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.

• Perspectives

  Reading Tea Leaves In High Court's Criminal Â鶹´«Ã½ Decisions

  

  The criminal justice decisions the U.S. Supreme Court will announce in the coming weeks will reveal whether last term’s fractured decision-making has continued, an important data point as the justices’ alignment seems to correlate with who benefits from a case’s outcome, says Sharon Fairley at the University of Chicago Â鶹´«Ã½ School.

• $38M Â鶹´«Ã½ Firm Settlement Highlights 'Unworthy Client' Perils

  

  A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.

• Hints Of Where Enforcement May Grow Under New CFPB

  

  Though the Consumer Financial Protection Bureau has significantly scaled back enforcement under the new administration, states remain able to pursue Consumer Financial Protection Act violators and the CFPB seems set to enhance its focus on predatory loans to military members and fraudulent debt collection and credit reporting practices, say attorneys at MoFo.

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  Teaching Business Â鶹´«Ã½ Makes Me A Better Â鶹´«Ã½yer

  

  Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.

• Choosing A Road To Autonomous Vehicle Compliance

  

  As autonomous vehicle manufacturers navigate the complex U.S. regulatory landscape, they may opt for different approaches to following federal, state and local rules and laws, as they balance the tradeoffs between innovation, compliance and speed of deployment, say attorneys at Sidley.

• Deregulation Memo Presents Risks, Opportunities For Cos.

  

  A recent Trump administration memo providing direction to agencies tasked with rescinding regulations under an earlier executive order — without undergoing the typical notice-and-review process — will likely create much uncertainty for businesses, though they may be able to engage with agencies to shape the regulatory agenda, say attorneys at Blank Rome.

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  Â鶹´«Ã½ School's Missed Lessons: Mastering Discovery

  

  The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.

• Balancing Deep-Sea Mining Executive Order, Int'l Agreements

  

  President Donald Trump's recent executive order directing exploration and exploitation of deep-sea mineral resources appears to conflict with the evolving international framework regulating such activities, so companies and investors should proceed with care and keep possible future legal challenges in mind, say attorneys at Dentons.