Law360 (April 13, 2022, 4:41 PM EDT) — Thomas Grant Scott KieffAs ordinary commercial lawyers and their clients see the atrocities that Russia is committing in Ukraine and the wider effects of Russia’s war of aggression, including the largest refugee crisis in Europe since World War II, we rightly ask: How can we help?
One answer is to consider the usual tools available to lawyers and laypersons alike, from volunteering to serve in one’s country’s international diplomatic, trade and security services, to giving to the many charitable organizations providing vital help to victims.
A second answer is to bear in mind the basic tools and principles that distinguish law as a profession. Foremost among these are the rule of law and the broad consensus set of rules governing the procedures that lawyers use for handling market-oriented legal actions, and that businesses use to carry out actions in the market.
In the language of law school, these include the rules of civil procedure and administrative law; in the language of business school, they include the rules of fair dealing in the market, including property rights, contracts, avoidance of materially false statements when duties of commercial candor arise, and avoidance of market manipulation through collusion on price or output.
We offer here some ways for lawyers to combine these legal and business tools to help our global systems of trade and security in these troubled times.
Traditional Sovereign Remedies