Expert Analysis

• Opinion

  Justices' Monsanto Decision May Fix A Preemption Mistake

  

  In Monsanto Co. v. Durnell, the U.S. Supreme Court will address whether federal law preempts states' label-based failure-to-warn claims when federal regulators have not required a warning — and its decision could correct a long-standing misinterpretation of a prior high court ruling, thus ending myriad meritless state law personal injury claims, says Lawrence Ebner at Capital Appellate.

• How States Are Advancing Enviro Justice Policies

  

  The federal pullback on environmental justice creates uncertainty and impedes cross‑jurisdictional coordination, but EJ diligence remains prudent risk management, with many states having developed and implemented statutes, screening tools, permitting standards and more, say attorneys at King & Spalding.

• 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.

• As Federal Enviro Justice Policy Goes Dormant, All Is Not Lost

  

  Environmental justice is enduring a federal dormancy brought on by executive branch reversals and agency directives over the past year that have swept long-standing federal frameworks from the formal policy ledger, but the legal underpinnings of EJ have not vanished and remain important, say attorneys at King & Spalding.

• Courts' Rare Quash Of DOJ Subpoenas Has Lessons For Cos.

  

  In a rare move, three federal courts recently quashed or partially quashed expansive U.S. Department of Justice administrative subpoenas issued to providers of gender-affirming care, demonstrating that courts will scrutinize purpose, cabin statutory authority and acknowledge the profound privacy burdens of overbroad government demands for sensitive records, say attorneys at ArentFox Schiff.

• As Federal Water Regs Recede, Calif.'s Permitting Tide Rises

  

  The U.S. Supreme Court's 2023 decision in Sackett v. U.S. Environmental Protection Agency reduced federal protections for many wetlands and surface water features, but as California's main water regulator has made clear, many projects are now covered by state rules instead, which have their own complex compliance requirements, says Thierry Montoya at FBT Gibbons.

• Radiation Standard Shift Might Add Complications For Cos.

  

  In keeping with the Trump administration's focus on nuclear energy, the U.S. Department of Energy recently announced that it will eliminate the "as low as reasonably achievable" radiation protection standard for agency practices and regulations — but it is far from clear that this change will benefit the nuclear power industry, say attorneys at K&L Gates.

• 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.

• Series

  Law School's Missed Lessons: Practicing Resilience

  

  Resilience is a skill acquired through daily practices that focus on learning from missteps, recovering quickly without internalizing defeat and moving forward with intention, says Nicholas Meza at Quarles & Brady.

• New State Regs On PFAS In Products Complicate Compliance

  

  The new year brought new bans and reporting requirements for per- and polyfluoroalkyl substances in half a dozen states — in many cases, targeting specific consumer product categories — so manufacturers, distributors and retailers must not only monitor their own supply chains, but also coordinate to ensure compliance, say attorneys at Morgan Lewis.

• State Of Insurance: Q4 Notes From Illinois

  

  In 2025's last quarter, Illinois’ appellate courts weighed in on overlapping homeowners coverages for water-related damages, contractual suit limitation provisions in uninsured motorist policies, and protections for genetic health information in life insurance underwriting, while the Department of Insurance sought nationwide homeowners' insurance data from State Farm, says Matthew Fortin at BatesCarey.

• 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.

• Key Policy Moves Are Powering Nuclear Growth

  

  The past year has seen a shift toward strong federal support for new nuclear power generation, and both recent and anticipated policy developments are likely to encourage progress toward that goal — but making sure that this momentum continues may be the hard part, say attorneys at Balch & Bingham.