Expert Analysis

• How Viral Accusations Can Test Employers' Discipline Policies

  

  The employment fallout that appears to have followed a former Cornell University student's sexual assault lawsuit against seven fraternity members underscores that although employers often have freedom to fire employees over accusations, they must still make a defensible decision, says Michael Elkins at MLE Law.

• How DC Circ. Ruling Permits Playacting Bribery Defense

  

  The D.C. Circuit’s recent U.S. v. Burke decision appears to create a circuit split on whether prosecutors must prove public officials’ intent in bribery cases, and opens a gap between what appears to be corrupt conduct and what the law can reach, says Liz Aloi at MoFo.

• Series

  Being In The Peace Corps Made Me A Better Lawyer

  

  When I served in the Peace Corps, the people of the West African village where I was stationed helped me acclimate to my new surroundings and enabled me to develop problem-solving, teamwork and empathy skills that have bolstered my legal practice far beyond the ability to offer technical advice, says Brian Bewley at McGuireWoods.

• 5 Ways Trial Attys Can Build Mental Health Counseling Skills

  

  Studies demonstrate that many attorneys are not equipped to respond adequately to trauma exposure, but trial lawyers can build several key skills drawn from mental health counseling into their interactions with clients and colleagues, from cognitive reappraisal to boundary setting, says Alexandra Echsner-Rasmussen at Aylstock Witkin.

• How To Use Root Cause Analysis In Misconduct Probes

  

  The public fallout facing Cornell University over its handling of a student's rape allegations shows the importance of conducting root cause analysis in sexual misconduct investigations to identify institutional conditions that require correction and provide an evidentiary foundation for corrective actions, says Jonny Frank.

• How Rule 45 Update May Change Remote Trial Subpoenas

  

  The Committee on Rules of Practice and Procedure's recently recommended update to Rule 45 of the Federal Rules of Civil Procedure would expand trial courts’ subpoena power for remote testimony, but it would not alter the standard for authorizing remote testimony and may prompt unresolved questions for foreign witnesses, say attorneys at WilmerHale.

• Reel Justice: 'The Odyssey' And Making Tough Trial Choices

  

  In “The Odyssey,” Odysseus succeeds because he abandons the search for a perfect answer, highlighting for litigators why successful advocacy is about making thoughtful choices that circumvent cognitive biases and mental shortcuts, says Veronica Finkelstein at Widener-Delaware Law.

• SEC's Insider Trading Duty Rule May Face Loper Bright Test

  

  In U.S. v. Jennings, pending in New Jersey federal court, the defense has an opportunity to challenge the rule defining the boundaries of the misappropriation theory of insider trading under Loper Bright, as the only litigated case testing the rule's limits relied on Chevron deference, say attorneys at O'Melveny.

• What's At Stake As Justices Rethink Sentencing Commentary

  

  Tuesday’s oral arguments before the U.S. Supreme Court in Beaird v. U.S. highlighted the tension between preserving sentencing consistency and limiting the authority of sentencing guidelines commentary, and a decision favoring the latter could significantly reduce sentencing exposure for white collar defendants, say attorneys at Baker Donelson.

• What Lawyers Should Know Before Accepting Crypto Payment

  

  As clients increasingly request to pay legal fees, retainers and escrow funds using cryptocurrency, lawyers should consider how only a handful of state bar authorities have addressed the issue with varying ethics opinions, as well as the related questions that no authority has yet answered, says attorney Felix Shipkevich.

• Series

  Mentalism Makes Me A Better Lawyer

  

  Convincing strangers I can read their minds may seem like an unusual second career for a legal practitioner, but both disciplines share several important requirements, including trust and preparation, says Warren Biro at Manatt.

• Perspectives

  Illinois Should Vacate Convictions Tainted By Racist Counsel

  

  After the Illinois Supreme Court’s recent suspension of a public defender’s law license over racist online threats, prosecutors should move to vacate the convictions of every Black client he represented, as an attorney’s racial animus is a serious conflict of interest akin to structural error, says Adam Murphy at Fordham Law.

• Why And How To Build A Neurodiversity-Informed Practice

  

  By better understanding neurodiversity and implementing simple accommodations for clients with autism, ADHD or learning differences, attorneys can build stronger relationships with those who may otherwise struggle to obtain and benefit from legal services, while developing good habits that will benefit everyone they represent, says Ting Cheung at Sanford Heisler.

• Opinion

  Clancy Trial Shows Need For Juror Anonymity Reforms

  

  Doxing of the holdout juror in the Lindsay Clancy murder mistrial in Massachusetts illustrates the increasing need to provide jurors with greater protection once service ends in high-profile cases, balancing concerns about transparency and independence, says Daniel Schneider at Offit Kurman.

• Testing AI's Promise For Large-Scale Document Review

  

  Our document-review comparison of attorneys' responsiveness and issue coding decisions versus predictions generated by artificial intelligence across 1,600 documents suggests that these tools can offer a reasonable and reliable basis for improved discovery workflows, provided lawyers understand where guardrails are needed, say attorneys at Redgrave.