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Expert Analysis

• 8 Ways Lawyers Can Protect The Rule Of Law In Their Work

  

  Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.

• Despite Dark Clouds, Outlook For US Solar Has Bright Spots

  

  While tariff, tax policy and bankruptcy news seemingly portends unending challenges for the U.S. solar energy industry, signs of continued growth in solar generating capacity and domestic solar manufacturing suggest that there is a path forward, say attorneys at Beveridge & Diamond.

• Assessing New Changes To Texas Officer Exculpation Law

  

  Consistent with Texas' recent modernization of its corporate law, the recently passed S.B. 2411 allows officer exculpation, streamlines certificate of formation amendments, authorizes representatives to act on shareholders' behalf in mergers and makes other changes aimed toward companies seeking a more codified, statutory model of corporate governance, say attorneys at Bracewell.

• ICSID Annulment Proceedings Carry High Stakes For System

  

  The annulment proceedings brought by Freeport-McMoRan before the International Centre for Settlement of Investment Disputes, seeking to redress a glaring and prejudicial oversight in its arbitral award against Peru, are significant for delimiting the boundaries of procedural fairness within the ICSID's annulment framework, says Josep Galvez at 4-5 Gray's Inn.

• Series

  Law School's Missed Lessons: Communicating With Clients

  

  Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.

• Justices' NRC Ruling Raises New Regulatory Questions

  

  In Nuclear Regulatory Commission v. Texas, the U.S. Supreme Court avoided ruling on the NRC's authority to license private, temporary nuclear waste storage facilities — and this failure to reach the merits question creates new regulatory uncertainty where none had existed for decades, say attorneys at Holland & Knight.

• 3 Judicial Approaches To Applying Loper Bright, 1 Year Later

  

  In the year since the U.S. Supreme Court overturned Chevron deference in its Loper Bright Enterprises v. Raimondo decision, a few patterns have emerged in lower courts’ application of the precedent to determine whether agency actions are lawful, say attorneys at Husch Blackwell.

• Bill Leaves Renewable Cos. In Dark On Farmland Reporting

  

  A U.S. Senate bill to update disclosure requirements for foreign control of U.S. farmland does not provide much-needed guidance on how to report renewable energy development on agricultural property, leaving significant compliance risks for project developers, say attorneys at Hodgson Russ.

• Series

  Adapting To Private Practice: From US Rep. To Boutique Firm

  

  My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.

• Opinion

  Senate's 41% Litigation Finance Tax Would Hurt Legal System

  

  The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.

• In NRC Ruling, Justices Affirm Hearing Process Still Matters

  

  The U.S. Supreme Court's decision in Nuclear Regulatory Commission v. Texas safeguards the fairness, clarity and predictability of the regulatory system by affirming that to challenge an agency's decision in court, litigants must first meaningfully participate in the hearing process that Congress and the agency have established, says Jonathan Rund at the Nuclear Energy Institute.

• What Baseball Can Teach Criminal Attys About Rule Of Lenity

  

  Judges tend to assess ambiguous criminal laws not unlike how baseball umpires approach checked swings, so defense attorneys should consider how to best frame their arguments to maximize courts' willingness to invoke the rule of lenity, wherein a tie goes to the defendant, says Jonathan Porter at Husch Blackwell.

• Series

  Performing As A Clown Makes Me A Better Lawyer

  

  To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.

• How Energy Cos. Can Prepare For Potential Tax Credit Cuts

  

  The Senate Finance Committee's version of the One Big Beautiful Bill act would create a steep phaseout of renewable energy tax credits, which should prompt companies to take several actions, including conduct a project review to discern which could begin construction before the end of the year, say attorneys at Husch Blackwell.

• Series

  Law School's Missed Lessons: Rejecting Biz Dev Myths

  

  Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.