Expert Analysis

• 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.

• What We Did And Didn't Learn From DOJ's 1st Illegal DEI Deal

  

  IBM's recent $17 million deal with the U.S. Department of Justice marks the first resolved False Claims Act enforcement action under the Civil Rights Fraud Initiative, and while it validates the core of the government's FCA antidiscrimination enforcement road map, it leaves its most aggressive theories untested, say attorneys at Nutter.

• New DEI Clauses Will Reshape FCA Exposure For Contractors

  

  As federal agencies mandate new procurement language aimed at curbing contractors' DEI practices and embedding False Claims Act materiality concepts into antidiscrimination obligations, contractors should account for both compliance and litigation risks before signing, and understand the legal constraints that govern FCA materiality, say attorneys at Seyfarth.

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  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.

• How College Sports EO Raises Stakes, Casts Uncertainty

  

  The effectiveness of President Donald Trump's recent executive order urging national action to "save" college sports depends on NCAA implementation and judicial tolerance, neither of which is certain, so college athletics will remain governed by an unstable balance between executive pressure and judicial authority until Congress acts, say attorneys at Manatt.

• Cos. Must Update Protocols To Protect Trade Secrets From AI

  

  A recent data exposure incident at Meta shows how artificial intelligence agents present a novel trade secret threat, which should be addressed by a proactive overhaul of companies' reasonable-measures framework, says Eric Ostroff at Meland Budwick.

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  Law School's Missed Lessons: How To Draft Pleadings

  

  Most law school graduates step into their first jobs without ever having drafted a complaint, answer, motion or other type of pleading, but that gap can be closed by understanding the strategy embedded in every filing, writing with clarity and purpose, and seeking feedback at every step, says Eric Yakaitis at Haug Barron.

• What Employers Should Know About Wash. Noncompete Ban

  

  Washington state recently passed one of the most expansive prohibitions on noncompetes in the country, marking a significant shift in the state's approach to restrictive covenants and requiring employers to carefully assess how this change will affect their current and future agreements, say attorneys at Cozen.

• 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.

• Record Penalty Sets Stage For FinCEN Whistleblower Awards

  

  The Financial Crimes Enforcement Network’s record $80 million penalty against Canaccord, together with the agency's recently proposed rule on whistleblower awards, signals an increasingly aggressive enforcement posture and illustrates the significant financial stakes associated with reporting violations, says Marlene Koury at Constantine Cannon.

• How Guidance Narrows Federal Telework Accommodations

  

  A recent FAQ from the U.S. Equal Employment Opportunity Commission and the U.S. Office of Personnel Management offers agencies several ways to narrow telework as an accommodation for federal employees, including through in-office alternatives, revisiting prior approvals and substituting leave for situational telework, says Lori Kisch at Kalijarvi Chuzi.

• Del. Ruling Shows Power Of Postclose Governance Provisions

  

  After the Delaware Court of Chancery reinstated a target company's CEO as part of the equitable remedy in Fortis Advisors v. Krafton, deal parties should emphasize the importance of postclosing governance provisions to earnout economics, knowing that they will have to live with these provisions for the duration of the earnout period, say attorneys at Sidley.

• 7 Tips For Employers On Calif. Decision-Making Tech Rules

  

  Over the next eight months, many California employers must prepare to comply with challenging new requirements under the California Consumer Privacy Act that constitute the most comprehensive set of rules in the country on the use of automated decision-making technology, say attorneys at Littler.

• Employer Considerations After FTC's Noncompete Warning

  

  In light of Federal Trade Commission leadership's recent message that the agency remains committed to challenging noncompetes that operate as restraints of trade, employers should take several practical steps in order to reduce regulatory risk, including auditing existing agreements and narrowing restrictions, says Christopher Pickett at UB Greensfelder.

• 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.