Expert Analysis

• Opinion

  Rule Of Law Requires Gov't Engagement With Bar, Not Retreat

  

  A federal agency's absence from national and local bar conferences, most recently illustrated by the U.S. Department of Justice's withdrawal from a New York City Bar Association white collar conference, disserves the bar, the government lawyers themselves and, ultimately, the administration of justice, says Muhammad Faridi at Linklaters.

• The Paradoxical Duty To Adopt AI When You Can't Bill For It

  

  Both billing for hours saved using artificial intelligence and preserving billable time by not adopting AI may violate rules of professional conduct, but until bar associations' ethics rules catch up to this emerging economic dilemma, firms must decide how to adjust fee structures themselves, says Ines Lassalle at Peyrot & Associates.

• 3 New Pay Transparency State Laws Raise Compliance Risks

  

  Wage transparency measures taking effect in Delaware, Maine and New Jersey add a layer of complexity to the hiring landscape and highlight the need for employers to develop thorough compliance strategies while navigating the laws' ambiguities, say attorneys at Foley & Lardner.

• Series

  Cow Horse Makes Me A Better Lawyer

  

  Moving an unwilling 800-pound cow while riding a horse at high speed is exhilarating, a little unhinged and, at least for me, a surprisingly effective training ground for litigation — both demand focus, preparation over rigid planning and the willingness to act despite fear, says Ashley Zitrin at Glenn Agre.

• Checking For AI Errors Is Now A Two-Way Street

  

  A handful of recent federal and state cases demonstrate the importance of checking for errors generated by artificial intelligence not only in your own court submissions, but also your opponent's, as well as when catching opposing counsel's AI mistakes could result in an award for attorney fees, says Tamara Barago at Hollingsworth.

• Series

  The Biz Court Digest: Shoring Up Corporate Law In Maryland

  

  Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.

• Series

  Competing At Poker Makes Me A Better Lawyer

  

  Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

• 5 Things Associates Must Ask About Their Firm's Merger Plan

  

  The associates who navigate law firm mergers best ask the right questions early, such as inquiring about partners' plans, to assess how the merger could affect their workflow and career path, says Jackie Bokser-LeFebvre at Major Lindsey.

• Uncertainty Looms After Justices' Withdrawal Liability Ruling

  

  The U.S. Supreme Court's recent holding in M&K Employee Solutions v. Trustees of the IAM National Pension Fund increases the unpredictability of withdrawal liability assessments, so employers should prepare for a range of assessments and be equipped to challenge unreasonable ones, say attorneys at Winston Taylor.

• Turning To The Courts When PBM Reform Falls Short

  

  The effectiveness of state laws intended to regulate pharmacy benefit managers remains uncertain, but litigation — utilizing tried-and-true theories like breach of contract and fair dealing — offers another mechanism through which stakeholders may seek relief from PBMs, say attorneys at Reed Smith.

• 2 'Rocket Dockets' And The Rules That Propel Them

  

  The fastest civil trial courts in the country are currently in the Eastern District of Virginia and the Southern District of Florida, and their chief judges provide insights into the court rules that keep them ahead, says Robert Tata at Hunton.

• Employer Tips To Prepare For Va. Family And Medical Leave

  

  With Virginia's paid family and medical leave insurance program taking effect in two years, employers should develop processes for monitoring head count, coordinating with existing federal and state leave programs, and tracking intermittent leave, say attorneys at ArentFox Schiff.

• SEC's Co-Investment Relief Broadens Private Market Access

  

  The U.S. Securities and Exchange Commission's recent no-action letter to J.P. Morgan Investment Management permits open-end funds to co-invest with affiliates, removing a long-standing barrier open-end fund sponsors have faced in sourcing private market investments at scale, say attorneys at Debevoise.

• Recent Actions Signal Increased NYDFS Health Cyber Focus

  

  The New York Department of Financial Services' recent $2.25 million settlement with Delta Dental indicates that it views cybersecurity enforcement in the healthcare and insurance sectors as an ongoing priority, and serves as a road map for the compliance gaps regulators are most likely to target, say attorneys at Crowell & Moring.

• Your Next Litigation Hold Should Cover AI Chat Logs

  

  The Delaware Chancery Court’s recent decision in Fortis Advisors v. Krafton to treat a CEO’s artificial intelligence chats as substantive evidence is being read as a discovery warning to litigators, but there is a second duty-to-preserve lesson that is especially pertinent to in-house counsel, say attorneys at Faegre Drinker.