Law Library

Fifth edition of ‘The ­Lobbying Manual’ offers comprehensive treatment of federal lobbying law


Each year, hundreds of millions of dollars are spent by corporations, organizations, associations and other groups to influence Congress and the executive branch of the federal government.

To help lawyers and lobbyists serve their clients and employers effectively and act within the bounds of the law and professional norms, the American Bar Association Section of Administrative Law and Regulatory Practice has published a fifth edition of its invaluable guide, “The Lobbying Manual: A Complete Guide to Federal Lobbying Law and Practice, Fifth Edition.” The book is considered the most comprehensive treatment of federal lobbying law available.

This updated manual provides guidance on the entire spectrum of legal restrictions that might apply to federal government relations work. It features new chapters on the impact of the recently enacted STOCK Act as well as the SEC’s pay to play rules. For the first time, this edition provides deep analysis of campaign finance laws and rules that affect corporate participation in elections.

More than 20 experts in the broad field of government relations and campaign finance share their knowledge and expertise in this latest edition of “The Lobbying Manual.” Rebecca H. Gordon, partner in the Political Law Group at Perkins Coie, and Thomas M. Susman, director of the ABA Governmental Affairs Office, co-edited the book, a joint project of ABA Publishing and Perkins Coie.

“‘The Lobbying Manual’ is a must-have desk reference for any lawyer or government relations practitioner who interacts with the federal government on behalf of a client,” Gordon said. “It addresses in detail the three compliance topics most relevant to these folks — lobbying regulation, gift rules and campaign finance law. And it includes discussions of many other legal issues particularly relevant to government relations professionals.”

“Although every lobbyist knows how indispensable information is for government decision-makers, we operate under intense media scrutiny and are continuously subject to a critical eye from politicians and government officials,” Susman said.
“Knowing where the laws and rules draw lines regulating our lobbying activities — and staying within those lines — is not an option for lobbyists. ‘The Lobbying Manual’ shows where those lines can be found.”

 

 

New ABA book offers an up-to-date analysis of class action law by state
 

In 1985, the United States Supreme Court ruling in Phillips Petroleum Co. v. Shutts opened the door for state courts to entertain multi-state and nationwide class actions that had traditionally been filed in federal forums. The following decade witnessed a significant increase in the number of multi-state class actions being adjudicated in the state courts. The American Bar Association’s release of the “The Law of Class Action: Fifty-State Survey 2015-2016” offers an examination of class action law in each of the 50 states.

The book serves as a valuable tool for both in-house and outside counsels who confront the prospect of litigating class actions in state forums with which they may have little or no experience and must make informed recommendations on removal.
Succinct summaries are prepared by litigators from each of the respective states and address changes in rules and statutes as well as significant case law. The summaries in the book provide a thorough and thoughtful understanding of the workings of the relevant state class action rules and case law that will be extremely useful to practitioners and parties alike.
“The Law of Class Action” is the collaboration of the ABA Section of Litigation, cochaired by Fabrice Vincent and Dennis Egan. The Fifty-State Survey was prepared by attorneys in the various states.

 

New revised ABA book helps lawyers track ­bankruptcy case deadlines and stay organized
 

The American Bar Association’s new fifth edition of “Bankruptcy Deadline Checklist” is a quick reference guide for anyone who deals with a bankruptcy case including judges, lawyers, paralegals, credit managers, collection agents, professors, law students and others. The book has been updated to incorporate the latest and most relevant code and rule changes.

The “Checklist” is organized by chapter of the Bankruptcy Code (i.e., 1, 3, 5, 7, 11, 13, and 15), and, within each chapter, by code section, with additional sections covering those items typically needed upon the filing of a case, rules on adversary proceedings, appeals and notices. Due to the minimal number of Chapter 9 and 12 cases filed, deadlines under those chapters are not included. The book is a convenient resource to help those dealing with bankruptcy cases stay on top of the numerous deadlines. To use the “Checklist,” simply look up the relevant code section(s), which appear in numerical order and in the index. Cross-references for applicable rules are provided. code sections or rules in bold designate the primary section or rule containing the relevant deadline. Each deadline has a corresponding space for the insertion of a due date, so that the user may calculate and maintain a master list of deadlines in each case if that is desired.

Purchasers of the “Checklist” will have access to a companion website that is easily downloadable for customization and personalization to the users’ needs.

Norman L. Pernick, author of “Bankruptcy Deadline Checklist,” heads the Wilmington, Del., office of Cole Schotz PC and is co-chair of the firm’s Bankruptcy & Corporate Restructuring Department. He has served as a trusted advisor, strategist and either lead or substantive co-counsel in numerous notable Chapter 11 cases. While Pernick focuses his bankruptcy and workout practice on representing public and privately held debtors, he also represents creditors’ committees, major creditors, management and boards of directors and trustees. Norm is also a Fellow of the American College of Bankruptcy.

 

New research suggests certain individual behaviors are what lead to long-term law firm success
 

Three social scientists who work in the legal arena have teamed up to write a new book that explores how to make partner and achieve a sense of success and fulfillment in the practice of law, proving through research that these aren’t as incompatible as many lawyers might think.

“Accelerating Lawyer Success: How to Make Partner, Stay Healthy and Flourish in a Law Firm,” released by the American Bar Association, captures the empirical research of social scientists Lori Berman, Heather Bock and Juliet Aiken. Their work suggests that skills, mindset and approach to work provide a more compelling picture of who succeeds in law firms than pedigree alone. Further, promotion to partner traditionally has been considered a key marker of success in law firms but achieved at great personal cost. But these researchers, taking a holistic approach to law firm success, studied self-perceptions of what it meant to flourish in one’s career and reports of general physical heath. To do this, they surveyed hundreds of lawyers from top U.S. law firms.

Under previous models, researchers looked at academic success or law school status in predicting who would succeed. More recently, the behaviors that lead to high performance, often called competencies, have received attention. This new research takes an additional step toward understanding who is successful; the authors not only looked at how successful lawyers tackle their own work and how they work with others, but also analyzed how successful lawyers approach their work mentally. Their results, occasionally surprising, showed that law firm success depends on other factors rather than a high GPA or prestigious law school.

Given the difficult job environment and other challenges of the legal profession, “Accelerating Lawyer Success” is particularly valuable for law students, new lawyers or associates on the cusp of partnership. The authors’ research, for example, examines the factors, competencies and attitudes that allow some lawyers to flourish and make partner while others struggle. The authors also show readers how to develop the same mindset and skills that they identified as the key factors behind the success of the lawyers studied.

Berman, Bock and Aiken have spent years working in the legal area. Berman is the director of professional development for law firm Hogan Lovells. She is also a research affiliate and adjunct professor at the Georgetown Law School Center for the Study of the Legal Profession. Bock is the global chief learning officer for Hogan Lovells. She teaches at Georgetown Law and is the executive director for its legal profession study center. Aiken is the deputy director and research director at the center. She also directs a master’s program in industrial/organizational psychology at the University of Maryland, College Park.
Recently the three authors, all with doctorate degrees in industrial/organizational psychology or organizational behavior, participated in a Q&A in the YourABA newsletter. Click here to read their blueprint to succeed in the practice of law.

Comments

  1. No comments
Sign in to post a comment »