Expert Analysis

• High Court Could Resolve Thorny Atty-Client Privilege Issue

  

  The U.S. Supreme Court recently granted review in a federal grand jury proceeding that presents a rare opportunity to clarify — and possibly significantly expand — the scope of the attorney-client privilege for complex mixed-purpose communications with counsel, says David Greenwald at Jenner & Block.

• Minn.'s New Common Interest Doctrine: A Primer

  

  In its recent ruling in Energy Policy Advocates v. Ellison, the Minnesota Supreme Court adopted the common interest doctrine, extending confidentiality to communications between an attorney and client that include a third party — but successful use of the doctrine will require care, preparation and attention to detail, says George Singer at Ballard Spahr.

• Refining Info Governance As E-Discovery Gets More Complex

  

  Courts are increasingly requiring litigants to produce chats and other conversations recorded on business collaboration platforms as evidence, so companies should develop strategies for preserving and organizing such data to timely comply with e-discovery requests and to protect sensitive information, say attorneys at Akerman.

• Risk Mitigation In Face Of Rising Legal Malpractice Claims

  

  As the recent rise in frequency and cost of legal malpractice claims is expected to continue amid global high inflation and economic uncertainty, law firms and insurers would be wise to evaluate key risk areas and consider six steps to minimize exposure, say Nicole Shapiro and Cory Stumpf at Atheria Law.

• Roundup

  Keys To A 9-0 High Court Win

  

  In this Expert Analysis series, advocates who have recently won unanimous rulings from the justices share their argument strategies, the tactics they think may help unify the court, and what other practitioners can learn from their experience. 

• Series

  Keys To A 9-0 High Court Win: Look For Common Ground

  

  When arguing for the petitioner in Golan v. Saada before the U.S. Supreme Court earlier this year, a focus was placed on appealing to multiple judicial philosophies with the aim of not only winning each justice’s vote, but also achieving clear guidance from the court’s opinion, says Karen King at Morvillo Abramowitz.

• Limiting The Scope Of Representation Is Critical For Lawyers

  

  A Mississippi federal court's recent decision in Kee v. Howard L. Nations PC highlights the importance of well-written engagement letters, and shows why it is vital for attorneys to specify exactly which services they intend to supply, says Ronald Levine at Herrick Feinstein.

• The Lawyer Personalities That Make Up Joint Interest Groups

  

  As multiparty litigation rises and forces competing law firms to work together, George Reede at Zelle looks at the different personalities — from tactful synthesizers to misguided Don Quixotes — that often make up joint representation groups, and how lawyers can overcome the tensions in these and other team settings.

• How ITC's Junior Atty Program Can Benefit Firms, Clients

  

  Victoria Reines and Philip Marsh at Arnold & Porter offer some thoughts on making the U.S. International Trade Commission's Nurturing Excellence in Trial Advocates program work for firms and clients, and discuss the benefits of having a junior attorney present an opening statement.

• Attys Shouldn't Assume Judicial Critique Is Protected Speech

  

  As it becomes more commonplace to see criticism of the judiciary in the media, licensed attorneys are well advised to remember that they may have less freedom than nonlawyers to make protected speech critical of the judiciary, says Mark Hinderks at Stinson.

• Series

  Keys To A 9-0 High Court Win: Practicality Over Perfection

  

  When I argued for the petitioner in Wooden v. U.S. last year, I discovered that preparation is key, but so is the right kind of preparation — in giving decisive answers to the U.S. Supreme Court justices' hypothetical questions I was not aiming for perfection, just the best response available, says Allon Kedem at Arnold & Porter.

• What New Bar Exam Means For Law Students And Schools

  

  Stephanie Acosta at UWorld discusses how law students and law schools can start preparing now for the new bar exam launching in 2026, which is expected to emphasize real-world lawyering skills-based tasks over rote memorization.

• Apple's New Messaging Features Will Complicate E-Discovery

  

  Apple's newest mobile operating system allows users to edit and recall messages and recover deleted messages, which could significantly increase the time, burden and expense of processing and analyzing cellphones if messages or their associated metadata become an area of scrutiny in a case, says Jarrett Coco at Nelson Mullins.

• Law Firm Inclusion Efforts Often Overlook Business Staff

  

  Law firms committed to a culture of universal inclusion can take steps to foster a sense of belonging in their business services teams, says Jennifer Johnson at Calibrate Consulting.

• Retail Ruling Clarifies Attorney Fees For Large Ch. 11 Cases

  

  A Virginia federal court’s recent order in the Retail Group bankruptcy matters shines light on the relevant factors for approving fee applications in complex Chapter 11 cases, confirming the importance of making an appropriate factual record to support professional fee applications, say Jason Harbour and Justin Paget at Hunton.