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WHAT WE'RE WATCHING

WORK IT OUT - Just a few months ago, court leaders were gearing up for a return to something resembling normalcy and the opportunity to finally begin getting their arms around case backlogs that had swelled during the pandemic. But even with courthouses beginning to reopen and in-person proceedings resuming, COVID-19 surges in some parts of the country and concerns over the Delta variant have made clear that "business as usual" is still a long way off and clogged dockets are likely to persist. In this week's Law.com Litigation Trendspotter column, we examine how courts have begun urging parties, in no uncertain terms, to resolve their disputes through methods other than trials. Before we dive in, I'm interested to get your thoughts: Should courts be urging civil litigants to settle their cases rather than hold out for trial? If you're a civil litigator, have you experienced this in any of your cases recently? Let me know at [email protected].

DIVERSITY DATA DEEP DIVE -  Diversity and inclusion has increasingly topped the priority lists of corporations, and corporate legal departments are calling upon their outside counsel to keep up with their expectations. But, as Law.com's Heather Nevitt writes in this week's Law.com Barometer newsletter, tracking and measuring the diversity of outside counsel is no small task. So how do you begin if you haven't already? According to Ed Blakemore, assistant general counsel at Rockwell Automation, the process should start with collecting data from law firms to establish a baseline, beginning with looking for designations like the Mansfield Certification or NAMWOLF membership, and from there gathering timekeeper-level data.  In-house departments should also be careful to set quantifiable goals and expectations for the firms they work with and to clearly communicate these goals with their outside counsel. "You have to also be sure that you're making those expectations clear," Blakemore said. "So the more you can put it into outside counsel guidelines, evaluation forms, discussions you're having with whoever your managing partner is in the firm, the better. Create specific, non-negotiable goals for your outside counsel that reflect the department's D&I expectations and requirements." To receive the Law.com Barometer directly to your inbox each week, click here.

JUDGMENT DAY - Barnes & Thornburg filed a lawsuit Thursday in Maryland District Court against Bella Mar Estates and Jorge Diaz-Cueto arising from a Federal Trade Commission judgment against the defendants over a real estate investment scheme in Belize. The suit, filed on behalf of court-appointed receiver Robb Evans & Associates, seeks over $1 million allegedly owed per the judgment. Counsel have not yet appeared for the defendants. The case is 8:21-cv-02049, Robb Evans & Associates, LLC, as Court Appointed Receiver in the In re Sanctuary Belize Litigation v. Diaz-Cueto et al. Stay up on the latest deals and litigation with the new Law.com Radar.  

EDITOR'S PICKS

WHILE YOU WERE SLEEPING

BAKER'S BULLYING BACKLASH -  Baker McKenzie is overhauling its Johannesburg management amid claims of bullying behavior by the office's former managing partner, Law.com International's Meganne Tillay and Jennigay Coetzer report.  Ex-office head Morné van der Merwe stepped down from his role earlier in August. One person who previously worked at Baker McKenzie said that van der Merwe's exit from the role was due to "bullying-related issues" that had "been going on for months." A partner at another Johannesburg-based law firm said that at least one associate had left the firm due to van der Merwe's behavior, which they described as "bullying". The rival partner added that the associate had reported the issue to Baker McKenzie management. Three other people also mentioned bullying behavior when asked about van der Merwe stepping down.

WHAT YOU SAID

"Being a leader is like being a great chef, who tastes a recipe and knows that it needs more salt or more tomato. Understanding what success should look like, what to add that's missing and how to communicate that to the appropriate people is a hallmark of great leadership."