WEEKEND READ | Get to Know Your GC (Spoiler: He Probably Went to Harvard)

Every week, Bloomberg Law features articles written by and for legal practitioners, offering an insider’s view into the most important issues across every practice area: Bloomberg Law Insights.

This week we explored, among other important issues:

• Practice pointers for lawyers arguing motions;
• Where and how attorneys hone their skills before becoming a general counsel; and
• Ways law firms can avoid being left behind in the legal services revolution.

So sit back, relax, and have a look at what your colleagues are reading and writing. Also enjoy our newest feature—the listening function on each Insight. It’s perfect for the long commute. The “Listen” button is located at the top of our Insights—and all of our news stories—on the same row as the social media buttons:

If you’d like to share your own Insight, let us know at Insights@bloomberglaw.com, and check out our guidelines.

Avoiding Motion Mistakes

All the technology and calendar systems available today still can’t prevent a litigator from making motion-ending mistakes. Perkins Coie attorneys offer pointers for how to avoid unforced errors.

Read: Don’t Lose a Motion With These Too-Common Mistakes

• Certain Mistakes Persist: Both junior and experienced practitioners alike commit the same missteps.

• Plan Ahead: Whatever the excuse, it can’t be taken for granted that a court will wait for a late lawyer.

About the Authors: Adam H. Schuman and Gene Lee are partners at Perkins Coie.

A GC’s Career Path

General counsels as a group can be tough to pin down, but Chambers Associate’s research has found only 40% were previously partners in private practice, a third are female, and Harvard is the most popular school for their education. Chambers Associate deputy editor Thomas Lewis looks at their similarities in their careers and education.

Read: Most General Counsels Gain Experience in-House, Harvard Tops Backgrounds

• Essential Piece of the Puzzle: Businesses can’t train their junior lawyers to the same level as law firms do.

• Diversity Disparity: In-house teams are more diverse than their private practice counterparts.

About the Author: Thomas Lewis is deputy editor of Chambers Associate.

The Law Firm of Tomorrow

A growing wave of legal process outsourcing companies and alternative service providers is disrupting the legal industry by offering unique delivery models, specialized services, digital capabilities, and cost-effective pricing structures. Major, Lindsey & Africa’s Elizabeth Smith and Roger Garceau offer advice for law firms on how to effectively navigate today’s legal services revolution.

Read: Law Firms Must Innovate to Keep Up With Alternative Service Providers

• Way of the Dinosaurs: The conventional attorney-client engagement model is moving toward extinction.
• Interactive, Self-Serve Portals: Clients want access to their case or litigation information in real-time, anytime, from anywhere.

About the Authors: Elizabeth Smith and Roger Garceau are managing directors in the interim legal talent group of Major, Lindsey & Africa.

FOR YOUR CONSIDERATION

Does the Presumption of Innocence Preclude the Use of Acquitted Conduct at Sentencing?
The U.S. Supreme Court will soon decide whether to review a case involving sentencing of Vincent Asaro, a long-time capo for the Bonanno crime family. Federal sentencing and prison experts Alan Ellis and Mark Allenbaugh say if the court ultimately finds the presumption of innocence precludes not just the use of acquitted conduct, but of uncharged and acquitted conduct, it will forever and fundamentally change how sentences are imposed—and that would be a good thing.

State Investigations—50 Takes on Subpoena, Privilege, Document Rules
While federal congressional investigation law is relatively developed and has been in the news because of inquiries into the Trump administration, similar investigations at the state level can have unfamiliar rules and processes. Covington & Burling’s Brendan Parets looks at what attorneys should be aware of across the country.

StartOut Growth Lab, DLA Piper Partner to Support LGBTQ+ Entrepreneurs
The Growth Lab, housed in global law firm DLA Piper’s San Francisco office and run by StartOut, is the largest national nonprofit organization for LGBTQ+ entrepreneurs. Andres Wydler, executive director of StartOut, and DLA Piper partner Thomas Gaynor say a platform like the Growth Lab is important because economic empowerment is the next stage in LGBTQ+ civil rights.

New USCIS Electronic Registration for H-1B Petitioners Can Save Employers Time, Money
The U.S. Citizenship and Immigration Services has a new electronic registration system for H-1B visas. James G. Aldrich, with Dykema, says the new process will save employers time and expense and gives employers more certainty the complete H-1B applications that they then must submit will be processed.

Health-Care Consolidation Strong in 2019—Expect Even Stronger 2020
Consolidation and a changing U.S. health-care market continue to drive health care investment activity to record levels. Epstein Becker & Green attorneys and health industry financial/investment analysts predict investment activity will continue to be relatively robust through the summer and up until the elections, despite the political unknowns.

Fate of Obamacare in Limbo Following Invalidation of Individual Mandate
The Fifth Circuit’s ruling that the Affordable Care Act’s individual mandate is unconstitutional is important because it impacts other parts of the act and whether provisions, such as the “employer mandate,” can stand on their own, writes Ballard Spahr’s Edward I. Leeds.

Trade Secrets 2019 Legislative, Litigation, Executive Roundup and 2020 Trends
Gibson Dunn & Crutcher LLP attorneys, in Part 1 of a two-part series, highlight 2019 developments in trade secret litigation and say 2020 will see similar trends. in Part 2 of the series, they highlight 2019 developments in trade secret legislation, executive orders, and notable prosecutions, and predict states will continue to focus on noncompete agreements in 2020.

Untangling the SECURE Act’s Retirement Plans—PEPs, ARPs, and MEPs
Congress and the Labor Department have recently created new ways to structure workplace retirement plans: pooled employer plans (PEPs) and association retirement plans (ARPs). Groom Law Group attorneys explain the key differences between the plans and whether multiple employer plans (MEPs) are affected

Net Zero Passive Houses Are Answer to Housing Energy Efficiency
The energy savings from net zero passive houses can reduce heating costs by 75% to 90%, and these new dwellings have a much longer life span, writes Passive Design Solutions’ Natalie Leonard. She says ensuring that all new structures achieve significant and permanent energy reductions will require financial incentives to facilitate the replacement of existing homes.

California Industrial Companies—Your Business License Now Depends on Stormwater Permitting
California now requires businesses applying for a business license to show they have a national stormwater permit if one is required. Van Ness Feldman’s Andrew Cooper and EHS Support’s Maureen B. Hodson say compliance with the new law could delay business permits so businesses should consult environmental professionals early in the startup process.

Trump’s Clean Water Rule Will Bolster Local Infrastructure
The Trump administration’s new water pollution policy replaces Obama administration policy and redefines which bodies of water are covered by federal anti-pollution laws and which aren’t. Alan Parks, vice president of Memphis Stone & Gravel Company, says the new rule will benefit local governments by putting regulation of these waters back in their hands.

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