Expert Analysis

• Series

  Keys To A 9-0 High Court Win: Practicality Over Perfection

  

  When I argued for the petitioner in Wooden v. U.S. last year, I discovered that preparation is key, but so is the right kind of preparation — in giving decisive answers to the U.S. Supreme Court justices' hypothetical questions I was not aiming for perfection, just the best response available, says Allon Kedem at Arnold & Porter.

• What New Bar Exam Means For Law Students And Schools

  

  Stephanie Acosta at UWorld discusses how law students and law schools can start preparing now for the new bar exam launching in 2026, which is expected to emphasize real-world lawyering skills-based tasks over rote memorization.

• High Court Likely To Review Social Media Speech Censorship

  

  In light of the circuit split on whether two state laws intended to prohibit social media platforms from censoring speech violate the First Amendment — and Justice Samuel Alito's recent dissent in support of U.S. Supreme Court review — it's very probable that at least one of the laws at issue will head to the high court, say attorneys at Cahill Gordon.

• Apple's New Messaging Features Will Complicate E-Discovery

  

  Apple's newest mobile operating system allows users to edit and recall messages and recover deleted messages, which could significantly increase the time, burden and expense of processing and analyzing cellphones if messages or their associated metadata become an area of scrutiny in a case, says Jarrett Coco at Nelson Mullins.

• Law Firm Inclusion Efforts Often Overlook Business Staff

  

  Law firms committed to a culture of universal inclusion can take steps to foster a sense of belonging in their business services teams, says Jennifer Johnson at Calibrate Consulting.

• 11th Circ. Ruling Emphasizes Article III Struggles After Spokeo

  The Eleventh Circuit's element-comparison test in Hunstein v. Preferred Collection to determine when intangible harm meets Article III standing sparked a sharp divide in the court, showing the struggle with this analysis will likely continue in the wake of the U.S. Supreme Court's Spokeo v. Robins decision, say attorneys at Hinshaw & Culbertson.

• Considerations For Interstate Travel For Abortion Post-Dobbs

  Excerpt from Practical Guidance

  

  Due to the patchwork of state laws regarding the legality of abortion following the U.S. Supreme Court's Dobbs v. Jackson Women's Health Organization decision, it's important to consider the state of current and potential laws about traveling for abortion services, say Virginia Bell Flynn and Tina Safi Felahi at Troutman Pepper.

• The Murky Status Of TCPA Standing In The 11th Circ.

  

  The Eleventh Circuit's lack of clarity regarding Telephone Consumer Protection Act standing, which it acknowledged in its recent Drazen v. Pinto decision, may be rooted in a number of cases involving different subsections of the TCPA, say Aaron Weiss and Charles Throckmorton at Carlton Fields.

• An Associate's Guide To Rebounding After A Layoff

  

  Law firm associates laid off due to economic conditions can recuperate and move forward by practicing self-care, identifying key skills to leverage during the job search, engaging in self-reflection and more, say Kate Sheikh at Major Lindsey and wellness consultant Jarrett Green.

• AML Regulation Of Lawyers Is Imminent And Controversial

  

  The U.S. House of Representatives' recently passed National Defense Authorization Act subjects lawyers engaged in certain financial-related activities to anti-money laundering regulation under the Bank Secrecy Act, which could pit lawyers against clients in ways harmful to the rule of law and administration of justice, says Jeremy Glicksman at the Nassau County District Attorney’s Office in New York.

• Key Adaptations For Law Firms Amid Quiet Quitting Movement

  

  While quiet quitting may not be sustainable at law firms with billable hour requirements, there are specific steps law firms should take to maintain engagement and otherwise respond to the trend's underlying message that associates won't spend all their waking hours at work if they don't feel it's worthwhile, says Meredith Kahan at Whiteford Taylor.

• Creating A Hybrid Work Policy? Be Intentional And Inclusive

  

  The pandemic has changed expectations for the future of work forever, and as more employees demand hybrid working options, law firms must develop policies and models that are intentional, inclusive and iterative to lead the industry into the future, says Manar Morales at the Diversity & Flexibility Alliance.

• A Law Firm's Guide To Humane Layoffs As Recession Looms

  

  Amid warnings of a global recession, law firms should prepare for the possibility of associate layoffs, aiming for an empathetic approach and avoiding common mistakes that make the emotional impact on departing attorneys worse, say Jarrett Green, a wellness consultant, and Kate Reder Sheikh at Major Lindsey & Africa.

• Consider Liability Before Accessing Workers' Personal Emails

  

  A Georgia state appeals court's ruling in Patel v. Duke Hospitality around monitoring employee computer and email use demonstrates that employers must establish airtight legal justification, backed by company policies and employee consent, before initiating digital investigations that may lead to access of personal employee accounts, says Benjamin Fink at Berman Fink.

• Learning From Trump And Bannon Discovery Strategies

  

  Court-imposed sanctions on both former President Donald Trump and his former aide Steve Bannon for failing to comply with subpoenas illustrate that efforts to bar the door to valid discovery can quickly escalate, so litigants faced with challenging discovery disputes should adopt a pragmatic approach, say Mathea Bulander and Monica McCarroll at Redgrave.