Competition

Expert Analysis

• Weekly Column

  Innovating For Wise Juries: Interim Arguments

  

  By allowing attorneys to summarize what has just occurred in testimony and how it fits into the wider case narrative, courts can substantially improve juror comprehension through every step of a trial. Yet interim arguments are not practiced regularly, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

• Unstructured Data Is Just The Tip Of The Iceberg

  

  Recent amendments to the Rules of Civil Procedure mean issues like spoliation, sanctions and adverse impacts are focus areas for many attorneys, providers and clients. David Turner of FTI Consulting Inc. discusses the technological best practices regarding preservation and proportionality, as well as the challenges associated with clients' structured data.

• Morrison's Impact On Commodity Exchange Act Claims

  

  The Southern District of New York's recent decision in North Sea Brent Crude Oil Futures Litigation, together with the Second Circuit's decision in Loginovskaya, makes clear that Morrison presents a daunting obstacle to private Commodity Exchange Act claims that involve some element of foreign conduct, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

• 5 Questions To Ask Firm Before Accepting A Litigation AFA

  

  Outside counsel experienced with alternative fee arrangements will have many war stories regarding successful — and less successful — fee arrangements. Asking outside counsel to share these experiences can provide useful insight into the strength of a proposed AFA, say attorneys with WilmerHale.

• Opinion

  Why You Should Argue Your Appeal

  

  Conventional wisdom says that oral argument is a mere formality; that in courts where judges read briefs in advance, their minds are made up and will rarely — if ever — change. But conventional wisdom notwithstanding, oral argument can be critical, says Stewart Milch of Goldberg Segalla LLP.

• Opinion

  Meritless FTC Case Against Qualcomm Will Harm Consumers

  

  With its complaint earlier this year against Qualcomm, the Federal Trade Commission is in danger of intervening on behalf of business interests, not those of consumers, and compromising protections for innovations and technological breakthroughs, says James Skyles, founder of Skyles Law Group LLC.

• 6 Ways Teaching A Law School Class Can Benefit Lawyers

  

  Though teaching a law school class may be one of the last things on a busy practitioner's to-do list, it's a misconception that teaching will benefit only those who are looking to leave the practice of law and enter academia. It also offers several practical benefits, especially for more junior lawyers looking for stand-up experience, say Steven Allison and Samrah Mahmoud of Crowell & Moring LLP.

• Early Lessons From The DOJ Auto Parts Investigation

  

  Over the past six years, the U.S. Department of Justice has announced a steady flow of guilty pleas for price-fixing of automotive parts in what has been called the largest criminal antitrust investigation in U.S. history. The information contained in plea agreements reached thus far offers a “sneak peek” into what future economic research may reveal, say Jon Tomlin and Chris Ring of Navigant Consulting Inc.

• An Antitrust Reminder For Membership Organizations

  

  A class of plaintiffs succeeded last month in persuading a New Jersey federal court that trade and professional associations may violate the antitrust laws by tying benefits to membership. While the dominance of the American Osteopathic Association may be unique, the decision presents considerations for other membership associations, say Brian Schneider and Andrew Murad of Arent Fox LLP.

• Weekly Column

  Innovating For Wise Juries: Openings Before Voir Dire

  

  This week’s idea for improving civil jury trials is remarkably simple: Allow counsel to provide complete opening statements to the entire venire before voir dire begins instead of after the jury is impaneled, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.