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Expert Analysis

• New US Waters Definition May Rock The Boat

  

  Federal agencies' latest attempt to define "waters of the United States" attempts to avoid previous rules' failings, though it will potentially increase administrative difficulties for regulated entities and also leaves ample ground for litigation, say Christopher Thomas and Andrea Driggs at Perkins Coie.

• Atty-Client Privilege Arguments Give Justices A Moving Target

  

  Recent oral arguments before the U.S. Supreme Court in a case regarding the scope of the attorney-client privilege appeared to raise more questions about multipurpose counsel communications than they answered, as the parties presented shifting iterations of a predictable, easily applied test for evaluating the communications' purpose, say Trey Bourn and Thomas DiStanislao at Butler Snow.

• 5 Gen X Characteristics That Can Boost Legal Leadership

  

  As Generation X attorneys rise to fill top roles in law firms and corporations left by retiring baby boomers, they should embrace generational characteristics that will allow them to become better legal leaders, says Meredith Kahan at Whiteford Taylor.

• 6 Questions For Boutique Firms Considering Mergers

  

  To prepare for discussions with potential merger partners, boutique law firms should first consider the challenges they hope to address with a merger and the qualities they prioritize in possible partner firms, say Howard Cohl and Ron Nye at Major Lindsey.

• 5 Tips For Adding Value To Legal Clients' Experience In 2023

  

  Faced with a potential economic downturn this year, attorneys should look to strengthen client relationships now by focusing on key ways to improve the client experience, starting with a check-in call to discuss client needs and priorities for the coming year, say attorneys at Troutman Pepper.

• Unpacking The Interim Guidance On New Stock Buyback Tax

  

  The U.S. Department of the Treasury and Internal Revenue Service's recent notice on applying the newly effective excise tax on stock repurchases provides much-needed clarity on the tax's scope, which is much broader than anticipated given its underlying policy rationale, say attorneys at Eversheds Sutherland.

• Legal Standing For Nature: The Road Not Taken

  

  Fifty years have passed since former U.S. Supreme Court Justice William O. Douglas asked whether natural objects like trees and rivers should have standing — and while the high court has since narrowed access to the courtroom for potential environmental plaintiffs, Douglas' vision is worth revisiting, says Ninth Circuit Judge Margaret McKeown.

• Where ESG And Director Fiduciary Duty Overlap

  

  Despite ideological arguments to the contrary, directors and officers' fiduciary duties do not preclude their consideration of environmental, social and governance principles in corporate decision making, say Luis Fortuño at Steptoe & Johnson and Evan Slavitt at Paper Excellence.

• Proposed FERC Backstop Siting Rule May Speed Grid Plans

  

  The Federal Energy Regulatory Commission's proposed rule to implement its legislatively reinvigorated backstop siting authority — which allows it to grant permits for electric transmission lines when states refuse to do so — could serve as a subtle warning to state commissions, and encourage approval of important grid infrastructure, say attorneys at Steptoe & Johnson.

• 10 Environmental And Energy Issues To Watch In 2023

  

  After a year of transformative changes in the environmental and energy space, 2023 promises more big developments — including greenwashing litigation, finalized environmental, social and governance regulations, further scrutiny of per- and polyfluoroalkyl substances, and an ongoing focus on environmental justice, say attorneys at ArentFox.

• What Will Keep Legal Talent Professionals Up At Night In 2023

  

  Hybrid work environments, high demand for lateral hires and a potential slowdown of the economy defined 2022 in the always-busy marketplace for legal talent, and as BigLaw looks at the year ahead, there are five major sources of concern for the teams charged with securing and retaining that talent, say advisers at Baretz+Brunelle.

• The Most-Read Legal Industry Law360 Guest Articles Of 2022

  

  A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from the "great resignation" to potential expansion of attorney-client privilege.

• The Future Of Legal Ops: AI Has Important Role To Play

  

  Though the debut of OpenAI's ChatGPT has prompted some fears about negative impact on lawyers, artificial intelligence technology can be a powerful tool for legal operations professionals if used effectively to augment their work, say Justin Ben-Asher and Gwendolyn Renigar at Steptoe, and Elizabeth Matthews at TotalEnergies.