Expert Analysis

• 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 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.

• What Colo. High Court Will Weigh In Insurer Disclosure Case

  

  In Bohanan v. Esurance, the Colorado Supreme Court will decide whether an insurance policy must be produced to a claimant notwithstanding the insurer's coverage position, and the court's interpretation of what "may be relevant to the claim," in the statute, will be paramount, say attorneys at Burg Simpson.

• 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.

• When Indemnity, Purchase Price Adjustment Claims Overlap

  

  The Delaware Court of Chancery's recent decision in WSP v. Versar highlights that courts are willing to enable a buyer to select either indemnity or purchase price adjustment mechanisms, even if the parties did not envision that when negotiating the purchase agreement, says Claire Frost at Arnold & Porter.

• Rebuttal

  North Carolina's Funding Ban Is An Outlier, Not A Model

  

  A recent Law360 guest article argues that North Carolina's litigation funding ban should be adopted by other states, but that analysis overstates what North Carolina did and misjudges how the law will travel, says Dai Wai Chin Feman at the International Legal Finance Association.

• Planning For D&O Exclusions As Risks Mount For Banks

  

  Banks should scrutinize directors and officers exclusions for artificial intelligence, disclosure and cybersecurity risks during policy renewal negotiations to preserve coverage amid the current uptick in insurer scrutiny and related shareholder litigation, say attorneys at Jones Walker.

• 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.

• Conn. Insurers Should Prepare To Explain Premium Hikes

  

  As of Jan. 1, Connecticut insurers must provide a reasonable explanation for personal risk insurance premium increases upon policyholder request, and thus should familiarize themselves with a recent bulletin that prescribes the details, say attorneys at Troutman.

• Health Plan Takeaways After 2nd Circ. No Surprises Act Ruling

  

  While the Second Circuit's recent ruling in East Coast Advanced Plastic Surgery v. Cigna gives health plans breathing room in finding that healthcare providers cannot enforce out-of-network billing dispute resolution awards in court, sponsors should not assume that declining to pay awards will go unaddressed by regulators, say attorneys at Thompson Hine.

• 8th Circ. Ruling Limits Receiver Insurance Recovery Rights

  

  The Eighth Circuit's recent ruling in King v. Texas Insurance illustrates a practical limit on receivership powers: A receiver may marshal insurance proceeds belonging to the estate but cannot expand the insured's contractual rights or make policy proceeds collectible unless the coverage triggers are satisfied, say attorneys at Kutak Rock.

• 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.

• 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.

• What Insurers Need To Know About 2 New California Laws

  

  California Gov. Gavin Newsom signed two measures last week that while addressing distinct issues — catastrophe claims handling and insurers' corrective actions, respectively — reflect similar themes, including insurers' preparation before problems arise, transparency while they are being addressed, and meaningful remediation afterward, says Lucy Wang at Hinshaw.

• Series

  Mich. Banking Brief: All The Notable Legal Updates In Q3

  

  We are at an inflection point for Michigan financial services law, with a state Supreme Court decision recently overruling more than 25 years of precedent on the Michigan Consumer Protection Act, and pending legislation that could significantly shift the regulatory landscape, say attorneys and advisers at Dykema.