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Expert Analysis

• 30 Years Later: 2nd Circ.'s Road To Arbitral Preemption

  

  The Second Circuit's recent decision in Lloyds of London v. 3131 Veterans Blvd. overturns its own 1995 precedent and squares its position with decades of circuit court jurisprudence holding that international arbitration agreements must take primacy over state anti-arbitration insurance laws, say attorneys at Linklaters.

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  Playing Poker Makes Me A Better Lawyer

  

  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 McCreadyLaw.

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  Law 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.

• 8 Strategies For Proving The Laws Of Foreign Countries

  

  A recently decided case in Virginia federal court highlighted some of the pitfalls surrounding expert testimony on foreign law, but certain strategies are available to counsel to circumvent these dilemmas, say attorneys at Arnold & Porter.

• $38M Law 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.

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  Teaching Business Law Makes Me A Better Lawyer

  

  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.

• Decoding Arbitral Disputes: An Update On ICSID Annulment

  

  The International Centre for Settlement of Investment Disputes' recent decision in Peteris Pildegovics and SIA North Star v. Kingdom of Norway offers a reasoned and principled contribution to annulment jurisprudence, effectively balancing the competing imperatives of fairness, finality and institutional coherence, says Josep Galvez at 4-5 Gray's Inn.

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  Law 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.

• Arbitral Ruling In EU Fisheries Clash Clarifies Post-Brexit Pact

  

  The Permanent Court of Arbitration's recent ruling marks a pivotal moment in the evolving jurisprudence surrounding the Trade and Cooperation Agreement, concluded between the U.K. and the EU after Brexit, and sets an important precedent for interpretation and enforcement of trade and environment clauses in cross-border disputes, says Josep Galvez at 4-5 Gray's Inn.

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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.

• 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.

• New Arbitration Guidelines On AI Offer Practical Approach

  

  Recently published guidelines from the Chartered Institute of Arbitrators represent the next step in the evolution of soft law regulation of artificial intelligence, providing practical guidance on managing AI risks in arbitration, while reinforcing the importance of maintaining party autonomy, say attorneys at Signature Litigation.

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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.