Expert Analysis

• Why Appellees Should Write Their Answering Brief First

  

  Though counterintuitive, appellees should consider writing their answering briefs before they’ve ever seen their opponent’s opening brief, as this practice confers numerous benefits related to argument structure, time pressures and workflow, says Joshua Sohn at the U.S. Department of Justice.

• AG Watch: DC Faces Congressional Push To End Elected Role

  

  Given the current structural tension between D.C.'s local autonomy and congressional plenary power, legal and business entities operating in the district should maintain focus on local enforcement gaps, and monitor the legislative process closely, says Lauren Cooper at Hogan Lovells.

• Federal Acquisition Rules Get Measured Makeover

  

  The Trump administration's promised overhaul of the Federal Acquisition Regulation is not a revolution in rules, but a meaningful recalibration of procurement practice that gives contracting officers more space to think, to tailor and to try, say attorneys at Mayer Brown.

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  Mindfulness Meditation Makes Me A Better Lawyer

  

  Mindful meditation enables me to drop the ego, and in helping me to keep sight of what’s important, permits me to learn from the other side and become a reliable counselor, says Roy Wyman at Bass Berry.

• AI Litigation Tools Can Enhance Case Assessment, Strategy

  

  Civil litigators can use artificial intelligence tools to strengthen case assessment and aid in early strategy development, as long as they address the risks and ethical considerations that accompany these uses, say attorneys at Barnes & Thornburg.

• Attys Beware: Generative AI Can Also Hallucinate Metadata

  

  In addition to the well-known problem of AI-generated hallucinations in legal documents, AI tools can also hallucinate metadata — threatening the integrity of discovery, the reliability of evidence and the ability to definitively identify the provenance of electronic documents, say attorneys at Law & Forensics.

• When Atty Ethics Violations Give Rise To Causes Of Action

  

  Though the Model Rules of Professional Conduct make clear that a violation of the rules does not automatically create a cause of action, attorneys should beware of a few scenarios in which they could face lawsuits for ethical lapses, says Brian Faughnan at Faughnan Law.

• TikTok Divestiture Deal Revolves Around IP Considerations

  

  The divestiture deal between the U.S. and China to resolve a security dispute over TikTok's U.S. operations is seen as a diplomatic breakthrough, but its success hinges on the treatment of intellectual property and may set a precedent in the global contest over digital sovereignty and IP control, say attorneys at Brownstein Hyatt.

• CFIUS Trends May Shift Under 'America First' Policy

  

  The arrival of the Committee on Foreign Investment in the United States' latest annual report suggests that the Trump administration's "America First" policy will have a measurable effect on foreign investment, including improved trendlines for investments from allied sources and increasingly negative trendlines for those from foreign adversary sources, say attorneys at Debevoise.

• How Gov't May Use FARA To Target 'Domestic Terrorism'

  

  After the Trump administration’s recent memo directing law enforcement to use the Foreign Agents Registration Act to prosecute domestic terrorism, nonprofit organizations receiving funding from foreign sources must assess their registration obligations under the statute, say attorneys at Pillsbury.

• H-1B Fee Guidance Is Helpful But Notable Uncertainty Persists

  

  Recent guidance narrowing the scope of the $100,000 entry fee for H-1B visas will allow employers to plan for the hiring season, but a lack of detail about the mechanics of cross-agency payment verification, fee exemptions and other practical matters still need to be addressed, say attorneys at Klasko Immigration Law Partners.

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  Practicing Stoicism Makes Me A Better Lawyer

  

  Practicing Stoicism, by applying reason to ignore my emotions and govern my decisions, has enabled me to approach challenging situations in a structured way, ultimately providing advice singularly devoted to a client's interest, says John Baranello at Moses & Singer.

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  The Biz Court Digest: Texas, One Year In

  

  A year after the Texas Business Court's first decision, it's clear that Texas didn't just copy Delaware and instead built something uniquely its own, combining specialization with constitutional accountability and creating a model that looks forward without losing touch with the state's democratic and statutory roots, says Chris Bankler at Jackson Walker.

• AG Watch: Illinois A Key Player In State-Level Enforcement

  

  Illinois Attorney General Kwame Raoul has systematically strengthened his office to fill federal enforcement gaps, oppose Trump administration mandates and advance state policy objectives, particularly by aggressively pursuing labor-related issues, say attorneys at Troutman.

• Contract Disputes Recap: Formation, Performance, Certainty

  

  Three recent decisions offer helpful takeaways about addressing potential obstacles to contract formation, liability for specific performance and requirements for claiming a sum certain, says Ken Kanzawa at Seyfarth Shaw.