Expert Analysis

• Opinion

  Horizontal Stare Decisis Should Not Be Casually Discarded

  

  Eliminating the so-called law of the circuit doctrine — as recently proposed by a Fifth Circuit judge, echoing Justice Neil Gorsuch’s concurrence in Loper Bright — would undermine public confidence in the judiciary’s independence and create costly uncertainty for litigants, says Lawrence Bluestone at Genova Burns.

• Key Takeaways From Armed Services Board's FY 2025 Report

  

  The Armed Services Board of Contract Appeals’ annual report reveals an increase in new cases filed, but a decrease in cases resolved, and fewer parties choosing alternative dispute resolution, despite the likely reduction in time and expenses incurred during a prolonged appeal process, say attorneys at Miller & Chevalier.

• 10 Commandments For Agentic AI Tools In The Legal Industry

  

  Though agentic artificial intelligence has demonstrated significant promise for optimizing legal work, it presents numerous risks, so specific ethical obligations should be built into the knowledge base of every agentic AI tool used in the legal industry, says Steven Cordero at Akerman LLP.

• Opinion

  California Vapor Intrusion Policy Should Focus On Site Risks

  

  As California environmental regulators consider whether to change the attenuation factor used in screenings for vapor intrusion, the most prudent path forward is to keep the current value for screening purposes, while using site-specific, risk-based numbers for cleanup and closure targets, says Thierry Montoya at Frost Brown.

• Series

  Preaching Makes Me A Better Lawyer

  

  Becoming a Gospel preacher has enhanced my success as a trial lawyer by teaching me the importance of credibility, relatability, persuasiveness and thorough preparation for my congregants, the same skills needed with judges and juries in the courtroom, says Reginald Harris at Stinson.

• Series

  Law School's Missed Lessons: Practicing Client-Led Litigation

  

  New litigators can better help their corporate clients achieve their overall objectives when they move beyond simply fighting for legal victory to a client-led approach that resolves the legal dispute while balancing the company's competing out-of-court priorities, says Chelsea Ireland at Cohen Ziffer.

• Series

  The Law Firm Merger Diaries: How To Build On Cultural Fit

  

  Law firm mergers should start with people, then move to strategy: A two-level screening that puts finding a cultural fit at the pinnacle of the process can unearth shared values that are instrumental to deciding to move forward with a combination, says Matthew Madsen at Harrison.

• 'Measure Twice, Cut Once' Also Applies To Builders' Insurance

  

  A New York federal court's recent decision in Ohio Security Insurance v. Southwest Marine and General Insurance, denying additional insured coverage, shows why it's key to apply the caution of "measure twice, cut once" to construction contracts and insurance policy language, say attorneys at Reed Smith.

• Considerations When Invoking The Common-Interest Privilege

  

  To successfully leverage the common-interest doctrine in a multiparty transaction or complex litigation, practitioners should be able to demonstrate that the parties intended for it to apply, that an underlying privilege like attorney-client has attached, and guard against disclosures that could waive privilege and defeat its purpose, say attorneys at DLA Piper.

• 1st Circ. Offers Diversity Jurisdiction Lessons For Assignees

  

  A recent First Circuit opinion in Gore v. SLSCO, dismissing a case after years of litigation, serves as a cautionary tale about what can go wrong if an assignee has not alleged sufficient facts to demonstrate there is complete diversity jurisdiction, says Ray Gauvreau at Robinson & Cole.

• What Developers Must Know About PJM Grid Connection Plan

  

  As PJM Interconnection, the nation's largest grid operator, reforms its interconnection process in an effort to accelerate capacity expansion amid surging demand, developers interested in PJM's new expedited track should anticipate significant up-front costs, and plan carefully to minimize delays that could jeopardize project completion, say attorneys at King & Spalding.

• Series

  The Law Firm Merger Diaries: Making The Case To Combine

  

  When making the decision to merge, law firm leaders must factor in strategic alignment, cultural compatibility and leadership commitment in order to build a compelling case for combining firms to achieve shared goals and long-term success, says Kevin McLaughlin at UB Greensfelder.

• Opinion

  Despite Deputy AG Remarks, DOJ Can't Sideline DC Bar

  

  Deputy Attorney General Todd Blanche’s recent suggestion that the D.C. Bar would be prevented from reviewing misconduct complaints about U.S. Department of Justice attorneys runs contrary to federal statutes, local rules and decades of case law, and sends the troubling message that federal prosecutors are subject to different rules, say attorneys at HWG.

• How New Law Transforms Large-Load Power Projects In Texas

  

  S.B. 6 — the new Texas law that revises state regulations for large electrical loads and related behind-the-meter projects — introduces higher up-front costs for developers and more flexible operating models for large-load customers, but should provide the certainty needed for greater investment in generation, say attorneys at Sidley.

• How Cos. Should Prepare For Prop 65 Listing Of Bisphenols

  

  California regulators are moving toward classifying all p,p'-bisphenol chemicals as causing reproductive toxicity under Proposition 65, which could require warning notices for a vast range of consumer and industrial products, and open the floodgates to private litigation — so companies should proactively review their suppy chains, says Gregory Berlin at Alston & Bird.