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Expert Analysis

• Operating Via Bank Charter Offers Perks Amid Industry Shift

  

  As bank regulators become more receptive to streamlining barriers that have historically stood in the way of de novo bank formation, and as fintechs show more interest in chartering, attorneys at Goodwin outline the types of charters available and their benefits.

• How Attorneys Can Become Change Agents For Racial Equity

  

  As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.

• Series

  Running Marathons Makes Me A Better Lawyer

  

  After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.

• 5 Ways In-House Counsel Can Stay Ahead Of New HSR Rules

  

  Now that the Trump administration’s new Hart-Scott-Rodino Act rules have been in effect for several months, in-house counsel should consider several practice pointers that can help spearhead management of M&A-related antitrust risk, say attorneys at Squire Patton.

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  Law School's Missed Lessons: Supporting A Trial Team

  

  While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.

• Recent Complex Global Deals Reveal Regulatory Trends

  

  An analysis of six complex global deals that were completed or abandoned in the last year suggests that, while such deals continue to face significant and lengthy scrutiny across the U.S, U.K. and European Union, the path to closing may have eased slightly compared to recent years, say attorneys at Weil.

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  Adapting To Private Practice: From US Attorney To BigLaw

  

  When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.

• Opportunity Zone Revamp Could Improve The Program

  

  If adopted, the budget bill's new iteration of the opportunity zone program could renew, refine and enhance the effectiveness and accountability of the original program by including structural reforms, expanded eligibility rules and incentives for rural investment, say attorneys at Pillsbury.

• The Ins And Outs Of Consensual Judicial References

  

  As parties consider the possibility of judicial reference to resolve complex disputes, it is critical to understand how the process works, why it's gaining traction, and why carefully crafted agreements make all the difference, say attorneys at Pillsbury.

• Opinion

  The BigLaw Settlements Are About Risk, Not Profit

  

  The nine Am Law 100 firms that settled with the Trump administration likely did so because of the personal risk faced by equity partners in today's billion‑dollar national practices, enabled by an ethics rule primed for modernization, says Adam Forest at Scale.

• Del. Dispatch: A Look At Indemnification Notice Provisions

  

  The Delaware Supreme Court's recent decision in Thompson Street Capital Partners v. Sonova U.S. Hearing Instruments serves as a reminder that noncompliance with contractual requirements for an indemnification claim notice may result in forfeiture of the indemnification right, depending on both the agreement language and the circumstances, say attorneys at Fried Frank.

• Buyer Beware Of Restrictive Covenants In Delaware

  

  Based on recent Delaware Chancery Court opinions rejecting restricted covenants contained in agreements in the sale-of-business context, businesses need to craft narrowly tailored restrictions that have legitimate interests, say attorneys at Saul Ewing.

• ESOP Ruling Clarifies Trustees' Role In 3rd-Party Sales

  

  An Illinois federal court's dismissal of a class action related to an employee stock ownership plan in Rush v. GreatBanc demystifies the trustee's role in a sale transaction to a third party by providing commentary on the prudent process and considerations for trustees to weigh before approving a sale, says Katelyn Harrell at BCLP.

• Google Ad Tech Ruling Creates Antitrust Uncertainty

  

  A Virginia federal court’s recent decision in the Justice Department’s ad tech antitrust case against Google includes two unusual aspects in that it narrowly construed U.S. Supreme Court precedent when rejecting Google's two-sided market argument, and it found the company liable for unlawful tying, say attorneys at Ballard Spahr.

• Series

  Brazilian Jiujitsu Makes Me A Better Lawyer

  

  Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.