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Expert Analysis

• Apple Ruling Provides Clarity For UK Litigation Funders

  

  The Court of Appeal's recent Gutmann v. Apple decision that litigation funders can take a fee before class action members are paid helps relieve the concerns of insufficient funding returns that followed news of a broad sector review and a key high court ruling, says Matthew Lo at Exton Advisors.

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  Playing Guitar Makes Me A Better Lawyer

  

  Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.

• Fines Against Apple, Meta Set Digital Markets Act Precedent

  

  The European Commission's recent fines against Apple and Meta, the first under the Digital Markets Act, send a clear message that the act's reach and influence on regulatory thinking is global, say lawyers at Waterfront Law.

• Crisis Management Lessons From The Parenting Playbook

  

  The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.

• Wash. Justices' Moonlight Ruling Should Caution Employers

  

  The Washington Supreme Court's recent decision in David v. Freedom Vans, which limited when employers can restrict low-wage workers from moonlighting, underscores the need for employers to narrowly tailor restrictive covenants, ensuring that they are reasonable and allow for workforce mobility, say attorneys at Perkins Coie.

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  Adapting To Private Practice: From NY Fed To BigLaw

  

  While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.

• Top 3 Litigation Finance Deal-Killers, And How To Avoid Them

  

  Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.

• How Attys Can Use A Therapy Model To Help Triggered Clients

  

  Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.

• A Closer Look At Amendments To Virginia Noncompete Ban

  

  Recently passed amendments in Virignia will prohibit noncompetes for all employees who are eligible for overtime pay under federal law, and though the changes could simplify employers’ analyses as to restrictive covenant enforceability, it may require them to reassess and potentially adjust their use of noncompetes with some workers, say attorneys at McGuireWoods.

• What Bank Regulator Consolidation Would Mean For Industry

  

  Speculation over the Trump administration’s potential plans to consolidate financial service regulators is intensifying uncertainty, but no matter the outcome for the Consumer Financial Protection Bureau, Federal Deposit Insurance Corp. and Office of the Comptroller of the Currency, the industry should expect continued policy changes, say attorneys at Foley & Lardner.

• 3 Steps For In-House Counsel To Assess Litigation Claims

  

  Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.

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  Teaching College Students Makes Me A Better Lawyer

  

  Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.

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  Adapting To Private Practice: From DOJ Enviro To Mid-Law

  

  Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.

• FDIC Rules Rollback Foretells More Pro-Industry Changes

  

  The Federal Deposit Insurance Corp.’s March withdrawal of Biden-era proposals to tighten brokered deposit rules and impose new corporate governance standards shows that acting chair Travis Hill’s commitment to reviewing regulations that may restrict growth and innovation for financial institution and fintech companies is unlikely to flag soon, say attorneys at Cooley.

• Legal Ethics Considerations For Law Firm Pro Bono Deals

  

  If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.