Expert Analysis

• Why White Collar Juries Resist 'Honest Mistake' Defenses

  

  Cases like the bribery conviction of a Cincinnati City Council member recently vacated by the U.S. Supreme Court show juries often reject “I made an honest mistake” as a white collar defense, but attorneys who understand why jurors convict defendants who made reasonable but flawed decisions can strategize around this, says Jonathan Porter at Husch Blackwell.

• 2 AI Snafus Show Why Attys Can't Outsource Judgment

  

  The recent incident involving Sullivan & Cromwell where citations in a filed motion were fabricated by artificial intelligence, as well as a punitive ruling from the Sixth Circuit in U.S. v. Farris, demonstrate that the obligation to supervise AI has belonged and always will belong to lawyers, says John Powell at the Kentucky School Boards Association.

• DOJ Faces Key Hurdles In Proving SPLC Donor Fraud Theory

  

  The U.S. Department of Justice’s recent indictment of the Southern Poverty Law Center — on fraud and money laundering charges — illustrates the serious structural questions surrounding falsity, intent and materiality that prosecutors face when targeting donation-based fraud, say attorneys at Rogers Joseph.

• Series

  Playing Magic: The Gathering Makes Me A Better Lawyer

  

  The competitive card game Magic: The Gathering offers me a training ground for the strategic thinking skills crucial to litigation, challenging me to adapt to oft-updated rules, analyze text as complicated as any statute and anticipate my opponent’s next moves, says Christopher Smith at Lash Goldberg.

• Improving Well-Being In Law, 10 Years After Landmark Study

  

  An important 2016 study revealed significant substance abuse and mental health issues among lawyers, and while the findings helped normalize the conversation around these topics, a decade later, structural change is still needed, says Denise Robinson at PLI.

• Reel Justice: 'No Other Choice' And Moral Rationalization

  

  In the satirical thriller "No Other Choice," the main character rationalizes his decision to kill business competitors by creating a narrative of necessity, illustrating for attorneys the dangers of treating strategic litigation decisions as inevitabilities rather than choices, says Veronica Finkelstein at Wilmington University.

• 5 Trial Lessons You Learn By Losing

  

  Exploring insights that are usually gained only after trial loss can expose the gaps between what we intend to communicate and what lands with the fact-finder, including why being right isn't always a win and how winning a cross‑examination can help you lose your case, says Allison Rocker at Baker & McKenzie.

• 3 Factors Shifting Criminal Defendants' Cooperation Decisions

  

  Several factors, including a recent decline in assistant U.S. attorneys at the U.S. Department of Justice, new offense level changes to the sentencing guidelines and a swift uptick in presidential pardons, are prompting federal criminal defendants to rethink cooperation with the government, says Ben Schrader at Bass Berry.

• Series

  Officiating Football Makes Me A Better Lawyer

  

  Though they may seem to have little in common, officiating football has sharpened many of the same skills that define effective lawyering in management-side labor and employment: preparation, judgment, composure, credibility and ability to make difficult decisions in real time, says Josh Nadreau at Fisher Phillips.

• E-Discovery Quarterly: Recent Rulings On ESI Control

  

  Several recent federal court decisions have perpetuated a split over what constitutes “control” of electronically stored information — with judges divided on whether the standard should turn on a party's legal right or practical ability to obtain the information, say attorneys at Sidley.

• 2 Discovery Rulings Break With Heppner On AI Privilege Issue

  

  While a New York federal court’s recent ruling in U.S. v. Heppner suggests that some litigants’ communications with AI tools are discoverable, two other recent federal court decisions demonstrate that such interactions generally qualify for work-product protection under the Federal Rules of Civil Procedure, says Joshua Dunn at Brown Rudnick.

• Series

  Isshin-Ryu Karate Makes Me A Better Lawyer

  

  My involvement in martial arts, specifically Isshin-ryu, which has principles rooted in the eight codes of karate, has been one of the most foundational in the development of my personality, and particularly my approach to challenges — including in my practice of law, says Kaitlyn Stone at Barnes & Thornburg.

• Fraud Enforcement, Sentencing Face Unusual Convergence

  

  The Trump administration’s newly created task force to eliminate fraud and the U.S. Sentencing Commission’s recent proposals to scale back certain elements of the federal sentencing framework seem to point in opposite directions, creating a collision of policy priorities that may reshape how fraud cases are charged, negotiated and sentenced for years to come, says David Tarras at Tarras Defense.

• 2nd Circ. Clarifies When Prior Good Acts May Be Admissible

  

  The Second Circuit's recent ruling in U.S. v. Cardenas, vacating a drug conspiracy conviction over improperly excluded evidence, indicates that evidence of prior good acts may be admissible to corroborate a defendant's testimony about their understanding of events and intent, say attorneys at Lowenstein Sandler.

• Opinion

  State Bars Need To Get Specific About AI Confidentiality

  

  Lawyers need to put actual client information into artificial intelligence tools to get their full value, but they cannot confidently do so until state bars offer clear, formal authority on which plan tiers of the three most popular generative AI tools are safe to use when sharing specific client details, says attorney Nick Berk.