Commentary

Law.com | Commentary

The Law Firm Disrupted: Winning Business by Slashing Prices—Do Midsize Firms Have an Edge?

Roy Strom | August 17, 2018

A regional law firm from the Silicon Slopes might have hit on a new formula for delivering legal services.

The American Lawyer | Commentary

Why Must Women Wear High Heels?

Vivia Chen | August 16, 2018

Maybe it's become a talking point among those in the women-empowerment racket, but I have a hard time understanding the notion that expensive, sky-high pumps boost a woman's confidence. Pain is not empowering.

Law.com | Commentary

Tinder Founders Swipe Right on Gibson Dunn’s Orin Snyder in $2B Suit

Jenna Greene | August 15, 2018

In a New York State Supreme Court lawsuit, Tinder co-founders and key employees allege that the parent companies manipulated financial information to undercut the value of their stock options.

The American Lawyer | Commentary

All Things Trumpian (And Sessions, Too!)

Vivia Chen | August 15, 2018

Despite a good-faith effort to avoid the topic of our commander in chief, I've slipped again.

Texas Lawyer | Commentary

This One Psychological Term Could Be Responsible for a Lot of the Strife in Law and Life

James H. Dolan | August 10, 2018

Lawyers would do well to grasp the process of splitting, because law practice is based on it. It is so thoroughly ingrained in the legal mindset that it becomes habitual, and is applied to all problems, not just those in legal work.

The American Lawyer | Commentary

Is That Lateral Partner a Sexual Harasser?

Vivia Chen | August 09, 2018

Heavy-handed, "Mad Men"-style harassment still happens in Big Law.

Law.com | Commentary

As California Burns, PG&E Turns to Cravath, Wilson Sonsini and Quinn

Jenna Greene | August 08, 2018

Once again, California is burning—and the potential liability for Pacific Gas & Electric is reaching staggering proportions.

The American Lawyer | Commentary

Sued for Gender Bias, but Named to the 'Best Law Firms for Women' List

Vivia Chen | August 07, 2018

How did embattled Ogletree Deakins land on a list that touts firms' fair and inclusive cultures for female attorneys?

Corporate Counsel | Commentary

A Need for Lawyers With Empathy

Alexander C. Gavis and Mark E. Young | August 07, 2018

There is an opportunity—and a need—for lawyers to be better listeners, a skill not typically honed in law school and developed during the course of one’s career.

Daily Business Review | Commentary

A New Mother’s Guide to Pumping During a Jury Trial  

Jennifer Feld | August 07, 2018

My first five-day jury trial was four weeks after I returned from maternity leave. I knew I had to allot time for pumping but I was not sure about the proper procedure. As I now gear up for my second jury trial, I decided to dictate this article to Siri (while pumping, nonetheless) so that other new mothers might have some guidance.

Law.com | Commentary

Fourth Circuit Thumbs its Nose at Posner and His Fight for Pro Se Justice

Jenna Greene | August 06, 2018

Since he retired from the Seventh Circuit last year, Richard Posner has been on a mission to make the justice system more accessible and responsive to pro se litigants. The Fourth Circuit is not impressed.

The Mid Market Report | Commentary

Layers: Why a Law Firm Is Like an Onion

Jared D. Correia | August 06, 2018

Law firms are obligated to protect their client’s data, as dictated by federal and state laws as well as local jurisdictional ethics rules. You’ll read and understand the relevant rules—you’re a lawyer, that’s basically what you do.

The American Lawyer | Commentary

Women Think Sexual Harassment Is a Problem. Men: Not So Much

Vivia Chen | August 05, 2018

A survey by Working Mother magazine and the American Bar Association finds that while men agree harassment exists in the workplace, they don't fully appreciate the magnitude of the problem.

New York Law Journal | Commentary

My Mentor Rudy Giuliani Is Unrecognizable to Me

Elliott B. Jacobson | August 03, 2018

As a young prosecutor, working for Rudy was fun and exciting. He had a great sense of humor, was smart, energetic, supportive.

Law.com | Commentary

The Law Firm Disrupted: ‘The Millennials’ Are Coming, and Big Law Isn’t Ready

Roy Strom | August 02, 2018

A Canadian law and MBA student sheds some light on a disconnect between law firm leaders and a younger generation.

The American Lawyer | Commentary

A Texas 2L and His 3-D Guns + More Summer Fun!

Vivia Chen | August 02, 2018

Look what you can do while you're in law school: Develop weaponry! Also, Don McGahn apparently is in the dumps. And, the dimwitted need not apply to law school right now.

Law.com | Commentary

General Data Protection Regulation: Defense or Offense?

Nina Cunningham | August 01, 2018

Ostensibly, GDPR’s mission is to strengthen and unify the EU’s protection of online privacy rights and promote data protection for citizens of the 28 countries currently in the EU. In the global economy, however, GDPR serves as an alarm to all countries with business flowing across Europe and well beyond. Where business flows, data follow.

The American Lawyer | Commentary

Let's Get Real About Who's Paying for Associate Raises

Vivia Chen | August 01, 2018

Because clients have the power to balk at rate increases stemming from salary hikes, law firms with already thin profit margins will feel the hardest pinch.

Law.com | Commentary

The Law Firm Disrupted: Summer Associates and a Bid to Redesign Law Firm Recruiting

Roy Strom | July 26, 2018

Orrick, Herrington & Sutcliffe might have found a way to streamline the on-campus interview process.

The American Lawyer | Commentary

In Defense of a White, Middle-Aged Male

Vivia Chen | July 26, 2018

Comparing pregnancies to illnesses and questioning the necessity of a 90-day-plus leave were boneheaded moves for the Shook Hardy partner placed on leave over opposing counsel's continuance request, but they shouldn't make him the poster boy for bad male behavior.

The American Lawyer | Commentary

Where Lawyers Can Make Big Bucks, Y’all

Vivia Chen | July 24, 2018

Speaking as a former Houstonian who couldn't wait to escape the Lone Star State, I've always thought no amount of money could make me stay there. But perhaps I spoke too soon.

The American Lawyer | Commentary

Why the GC of Molson Coors Is Moving Major Work From Prestigious New York Firms

Lee Reichert | July 24, 2018

The belief that top lawyers are only found in the largest cities is growing increasingly outdated.

The American Lawyer | Commentary

Rich Man, Poor Man: Michael Cohen and Brett Kavanaugh

Vivia Chen | July 20, 2018

Let's explore the ways lawyers in President Trump's orbit spend lots and owe bigly.

Law.com | Commentary

The Law Firm Disrupted: A Present-Tense Solution to Law Firms’ Short-Term Thinking

Roy Strom | July 19, 2018

In the final installment of our "long-term thinking" series, we take a look at a sneaky way for law firms to develop permanent equity for their partners: Spinning off back-offices and giving partners shares in those entities.

National Law Journal | Commentary

5 Best Practices for Improving Law Firm Diversity and Inclusion

Grace E. Speights | July 18, 2018

Law firms are still discussing how to create an inclusive and welcoming environment. Here's how to get started.

The Legal Intelligencer | | Commentary

Cybersecurity for Midsize and Smaller Law Firms: 10 Tips to Take Action Now

Stephenie W. Yeung | July 18, 2018

It is no secret that cyberattackers consider law firms to be rich sources of valuable data. Escalating risks and client expectations mandate that mid-size and smaller firms, with fewer than 200 attorneys, treat cybersecurity as a core element of their legal practice.

The American Lawyer | Commentary

Brett Kavanaugh Is Not a Ladies’ Man

Vivia Chen | July 17, 2018

While the Supreme Court nominee is lauded by women who've had positive interactions with him, his affability does not translate to broader policies on women’s rights.

The American Lawyer | Commentary

How This Fortune 500 GC Is Strengthening Her Law Firm Panel Relationships

A. Verona Dorch | July 17, 2018

Peabody Energy's chief legal officer gives behind-the-scenes insight into what she learned from creating a roster of panel firms and what she thinks of AdvanceLaw's findings on panels through its GC Thought Leaders Experiment.

Daily Report Online | | Commentary

New Data Confirms Risks of Legal Malpractice Claims

Shari L. Klevens and Alanna Clair | July 16, 2018

According to the Ames & Gough study, five major insurers made payouts in 2017 that exceeded $50 million, while three paid a claim between $50 and $100 million, and one paid out in excess of $150 million.

The American Lawyer | Commentary

Latham Partner Embroiled in Latest NDA Mess

Vivia Chen | July 13, 2018

The dog days of summer have come early this year. Alas, we can count on the alleged actions of a few men to heat things up a bit more.

Corporate Counsel | | Commentary

One Alum's View of Michigan State and the Nassar Scandal

Susan Hackett | July 13, 2018

Former ACC general counsel Susan Hackett offers her take on the school's response

Law.com | Commentary

The Law Firm Disrupted: ‘Pathologically Present-Focused’ Law Firms. And Chipotle.

Roy Strom | July 12, 2018

How can law firms change their governance or financial structure to incentivize more long-term thinking? A popular fast-casual restaurant chain could provide an important example.

The American Lawyer | Commentary

How to Create a Culture of Profitability at Your Firm

Keith Lipman | July 12, 2018

The solution starts with changing behavior at the partner level.

Daily Report Online | Commentary

Cave-Diving Atlanta Lawyer on Thai Rescue: 'Miraculous'

Robert Highsmith | July 11, 2018

To the dangers present in every submerged cave, the Tham Luang rescue added far more.

Law.com | Commentary

State Attorney-Client Privilege Rule Incorporated into Federal Law

Robert J. Stearn, Jr., Cory D. Kandestin and Christopher M. De Lillo | July 11, 2018

Delaware Bankruptcy Court Protects Communications with Financial Professionals Originating In Delaware

Because state law applies at the time the transaction is negotiated, the parties might assume — reasonably so — that state privilege law will govern communications with their attorneys and financial professionals. But what happens if, years later, a fraudulent transfer plaintiff files suit in federal court and brings claims under federal law? Does state privilege law still apply?

Law.com | Commentary

Star Litigators Notch First Win in Suit Against Charlottesville Neo-Nazis

Jenna Greene | July 11, 2018

Suing white supremacists is not for the faint of heart—but Roberta Kaplan and Karen Dunn are not backing down.

The American Lawyer | Commentary

About Those Law Firms That 'Nurture' Women

Vivia Chen | July 10, 2018

Sometimes, it seems like ladies working in Big Law are just children in need of nourishment.

The American Lawyer | | Commentary

The Cost to Law Firms of Ignoring Harmful Workplace Behavior

Lauren Stiller Rikleen | July 09, 2018

A new survey shows negative workplace experiences are rampant, and firms suffer by not preventing them.

The American Lawyer | Commentary

Motherhood Isn't the Culprit for Big Law's Gender Equity Failures

Vivia Chen | July 05, 2018

Women lawyers shouldn’t be viewed as moms first when it comes to the workplace.

The American Lawyer | Commentary

Forecast for Jones Day: Sun Could Shine on Its Black Box

Vivia Chen | July 02, 2018

The law firm's bid to seal the gender pay discrimination lawsuit it's defending is bodacious, but experts said the odds are against it.

The American Lawyer | Commentary

Jones Day Is So Secretive About Why It's So Secretive

Vivia Chen | June 29, 2018

Is the law firm saying that its black box compensation scheme is so sacrosanct and special that if details spilled out, it would lose its secret sauce forever?

The American Lawyer | Commentary

Ladies, Why Do You Put Up With the Black Box?

Vivia Chen | June 27, 2018

I know, some of you want me to buzz off. You say that you're fine and, indeed, happier at a law firm where no one talks about money.

Law.com | Commentary

A Better Way to Pitch for Business

Alexander Geisler | June 26, 2018

What truly stands out in today's competitive market? Hint: It's not about legal bona fides or your resume.

The American Lawyer | Commentary

Reed Smith Is Ballsy. Plus: Ex-Big Law Associate Is Candidate for ‘Her Wickedness’

Vivia Chen | June 20, 2018

You have to hand it to the firm for openly admitting that it won't be joining the Big Law flock in upping associate salary. Also, UVA law grad makes Trump proud.

The American Lawyer | Commentary

Why This GC of a $25B Company Has Migrated Work Away From the Largest, Most Elite Firms

Bill Deckelman | June 19, 2018

DXC Technology general counsel Bill Deckelman reacts to the GC Thought Leaders Experiment findings on performance of the largest, most pedigreed firms and what he has found from moving work away from those firms.

Law.com | Commentary

Prospering in the 'New Normal'

J. Mark Santiago | June 15, 2018

Raising Costs and Declining Demand are Sapping Profits

The “New Normal” of today is one in which raising operating costs, associate salary increases, and reduced realization rates coupled with AFAs and demands from corporate counsel for reduced rates are sapping firm profits and there is no relief on the horizon. Law firm leaders, seeing current conditions, should be asking if there is a better way.

The American Lawyer | Commentary

Yes, White Men Can Apply Too

Vivia Chen | June 13, 2018

Boston-based Brown Rudnick just debuted a diversity fellowship open to all 1Ls who are the first in their family to go to college.

Law.com | Commentary

Ouch! ’Tis the Season for ‘Golf Ball Law’

Randy Maniloff | June 13, 2018

Will a spectator injured at the U.S. Open suffer the same fate as an unlucky baseball fan? At least one case says "no."

Law.com | Commentary

First Mile-Last Mile Problems Create Bumpy Road in Legal Tech Innovation

Daniel B. Rodriguez | June 12, 2018

The economic evidence indicates that the first and last mile add disproportionately to the costs of the service, and the challenge is to reduce the unique costs borne by companies of beginning and ending the journey on these otherwise efficient networks.

The American Lawyer | Commentary

Law and Lemmings: Associate Salary Increases Are a Mass Act of Self-Harm

Hugh A. Simons | June 12, 2018

By matching Milbank’s pay raise, firms in the middle of the Am Law 200 are paving a path to ruin.