Expert Analysis

• Clarifying A Persistent Misconception About Settlement Talks

  

  An Indiana federal court’s recent Cloudbusters v. Tinsley ruling underscores the often-misunderstood principle that Rule 408 of the Federal Rules of Evidence does not bar parties from referencing prior settlement communications in their pleadings — a critical distinction when such demands further a fraudulent or bad faith scheme, say attorneys at Hanson Bridgett.

• Tick, Tock: Maximizing The Clock, Regardless Of Trial Length

  

  Whether a judge grants more or less time for trial than an attorney hoped for, understanding how to strategically leverage the advantages and attenuate the disadvantages of each scenario can pay dividends in juror attentiveness and judicial respect, says Clint Townson at Townson Litigation.

• Series

  Judges On AI: Practical Use Cases In Chambers

  

  U.S. Magistrate Judge Allison Goddard in the Southern District of California discusses how she uses generative artificial intelligence tools in chambers to make work more efficient and effective — from editing jury instructions for clarity to summarizing key documents.

• Opinion

  Criminalizing Officials' Speech Erodes Trust In Justice System

  

  Federal prosecutors reportedly investigating whether Minnesota officials’ public statements illegally impeded immigration enforcement is a dangerous overextension of obstruction law that would criminalize dissent and sow public distrust in law enforcement, say Marc Levin and Khalil Cumberbatch at the Council on Criminal Justice.

• Takeaways From 1st DOJ Antitrust Whistleblower Payout

  

  The U.S. Justice Department's recent $1 million antitrust whistleblower reward accelerates the race to report by signaling that the Antitrust Division's program can result in substantial financial awards and reinforcing the need for corporate compliance programs that reach beyond core components, say attorneys at Pillsbury.

• Series

  Trail Running Makes Me A Better Lawyer

  

  Navigating the muddy, root-filled path of trail marathons and ultramarathons provides fertile training ground for my high-stakes fractional general counsel work, teaching me to slow down my mind when the terrain shifts, sharpen my focus and trust my training, says Eric Proos at Next Era Legal.

• Malpractice Claim Assignability Continues To Divide Courts

  

  Recent decisions from courts across the country demonstrate how different jurisdictions balance competing policy interests in determining whether legal malpractice claims can be assigned, providing a framework to identify when and how to challenge any attempted assignment, says Christopher Blazejewski at Sherin & Lodgen.

• 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.

• 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.

• 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.

• Keys To Effective Mental Health Mitigation In Sentencing

  

  Instead of framing a defendant's mental health diagnoses as generalized grounds for leniency during sentencing, defense counsel should present them as objective clinical data that directly informs the risk assessment and rehabilitative questions judges are statutorily required to consider, say Joseph De Gregorio at JN Advisor and Richard Levitt at Levitt & Kaizer.

• Rescheduling Cannabis Marks New Tax Era For Operators

  

  As the attorney general takes steps to move cannabis from Schedule I to Schedule III of the Controlled Substances Act, operators and advisers should prepare by considering the significant changes this will bring from tax, state, industry and market perspectives, says Michael Harlow at CohnReznick.