Expert Analysis

• Emerging Themes In Nevada High Court Civil Litigation

  

  The Nevada Supreme Court issued a series of significant civil rulings in 2025 that reflect recurring themes: a restrained approach to personal jurisdiction, heightened expectations of professionalism, close scrutiny of trial conduct, and a willingness to enforce contractual provisions that other jurisdictions might reject, says Michael Lowry at Wilson Elser.

• What To Know As Courts Rethink McDonnell-Douglas

  

  Although the U.S. Supreme Court declined the latest opportunity to address the viability of the McDonnell-Douglas burden-shifting framework used in employment discrimination and retaliation claims, two justices and courts around the country are increasingly seeking to abandon it, which could potentially lead to more trials and higher litigation budgets, say attorneys at Jackson Lewis.

• A Primer On Law Enforcement Self-Defense Doctrine

  

  In the wake of several shootings by federal immigration agents in Minneapolis, misconceptions persist about what the laws governing police use of force actually permit, and it’s essential for legal practitioners to understand the contours of the underlying constitutional doctrine, says Markus Funk at White & Case.

• Series

  Teaching Logic Makes Me A Better Lawyer

  

  Teaching middle and high school students the skills to untangle complicated arguments and identify faulty reasoning has made me reacquaint myself with the defined structure of thought, reminding me why logic should remain foundational in the practice of law, says Tom Barrow at Woods Rogers.

• Series

  Law School's Missed Lessons: Practicing Resilience

  

  Resilience is a skill acquired through daily practices that focus on learning from missteps, recovering quickly without internalizing defeat and moving forward with intention, says Nicholas Meza at Quarles & Brady.

• How Specificity, Self-Dealing Are Shaping ERISA Litigation

  

  Several recent cases, including the U.S. Supreme Court's forthcoming ruling in Anderson v. Intel, illustrate the competing forces shaping excessive fee litigation, with plaintiffs seeking flexibility, courts demanding specificity, fiduciaries facing increased scrutiny for conflicts of interest, and self-dealing amplifying exposure, says James Beall at Willig Williams.

• Contract Disputes Recap: Terminations Galore

  

  Three recent decisions from the Federal Circuit and the Civilian Board of Contract Appeals provide valuable insights about sticking to a contract's plain language, navigating breach of contract claims, and jurisdictional limits on reinstatement of a canceled contract, say attorneys at Seyfarth.

• Opinion

  Minn. Can Still Bring State Charges In Absence Of Fed Action

  

  After two fatal shootings by federal immigration officers in Minneapolis, Minnesota's role isn't waiting to see if the federal government brings criminal charges, but independently weighing state homicide charges and allowing the judiciary to decide whether the subject conduct falls within the narrow protections of supremacy clause immunity, says Sheila Tendy at Tendy Law.

• State Of Insurance: Q4 Notes From Illinois

  

  In 2025's last quarter, Illinois’ appellate courts weighed in on overlapping homeowners coverages for water-related damages, contractual suit limitation provisions in uninsured motorist policies, and protections for genetic health information in life insurance underwriting, while the Department of Insurance sought nationwide homeowners' insurance data from State Farm, says Matthew Fortin at BatesCarey.

• How 2 Tech Statutes Are Being Applied To Agentic AI

  

  The application of the Computer Fraud and Abuse Act and the California Invasion of Privacy Act to agentic artificial intelligence is still developing, but recent case law, like Amazon's lawsuit against Perplexity in California federal court, provides some initial guidance for companies developing or deploying these technologies, say attorneys at Weil.

• Defense Strategy Takeaways From Recent TCPA Class Actions

  

  Although recent Telephone Consumer Protection Act decisions do not establish any bright-line tests for defeating predominance based on an argument that class members provided consent for the calls, certain trends have emerged that should inform defense strategies at class certification, say attorneys at Womble Bond.

• NYC Bar Opinion Warns Attys On Use Of AI Recording Tools

  

  Attorneys who use artificial intelligence tools to record, transcribe and summarize conversations with clients should heed the New York City Bar Association’s recent opinion addressing the legal and ethical risks posed by such tools, and follow several best practices to avoid violating the Rules of Professional Conduct, say attorneys at Smith Gambrell.

• Series

  The Biz Court Digest: Dispatches From Utah's Newest Court

  

  While a robust body of law hasn't yet developed since the Utah Business and Chancery Court's founding in October 2024, the number of cases filed there has recently picked up, and its existence illustrates Utah's desire to be top of mind for businesses across the country, says Evan Strassberg at Michael Best.

• 4 Quick Emotional Resets For Lawyers With Conflict Fatigue

  

  Though the emotional wear and tear of legal work can trap attorneys in conflict fatigue — leaving them unable to shake off tense interactions or return to a calm baseline — simple therapeutic techniques for resetting the nervous system can help break the cycle, says Chantel Cohen at CWC Coaching & Therapy.

• 2 Rulings Showcase Fuzzy Limits Of 'Related To' Jurisdiction

  

  The Fifth and Ninth Circuits recently handed down decisions, in Sanchez Energy and Sawtelle Partners, respectively, reminding practitioners that bankruptcy court jurisdiction over lingering disputes is not guaranteed, regardless of whether confirmation orders contain specific "retention of jurisdiction" language, says Brian Shaw at Cozen O’Connor.