Expert Analysis

• Trial Lawyers Rejoice: Justices May Clarify Issue Preservation

  

  The U.S. Supreme Court's recent grant of certiorari in Dupree v. Younger should be a boon to trial and appellate lawyers as the decision will likely standardize a rule for appellate issue preservation, bringing much-needed clarity to an area critical to general litigation success, says Jeremy Christiansen at Gibson Dunn.

• Minimizing Landlord Exposure To NY's Gray Cannabis Market

  

  As New York rolls out its legal adult-use cannabis regime, landlords renting to as-yet unlicensed cannabis establishments may face liability under two statutes — but a few commonsense steps can help protect them from this risk, say attorneys at Carter Ledyard.

• Evaluating The Legal Ethics Of A ChatGPT-Authored Motion

  

  Aimee Furness and Sam Mallick at Haynes Boone asked ChatGPT to draft a motion to dismiss, and then scrutinized the resulting work product in light of attorneys' ethical and professional responsibility obligations.

• Litigation, Compliance And Enforcement In The 'Crypto Winter'

  

  In 2022, cryptocurrency valuations plummeted, litigation proliferated and the "crypto winter" led to several high-profile bankruptcies, resulting in novel factual and legal questions being raised in areas like general commercial litigation, intellectual property, securities, bankruptcy, cybersecurity and compliance, say attorneys at Arnold & Porter.

• 7 Tips To Increase Your Law Firm's DEI Efforts In 2023

  

  Law firms looking to advance their diversity, equity and inclusion efforts should consider implementing new practices and initiatives this year, including some that require nominal additional effort or expense, say Janet Falk at Falk Communications and Gina Rubel at Furia Rubel.

• Series

  Keys To A 9-0 High Court Win: Get Back To Home Base

  

  When I argued for the petitioner in Morgan v. Sundance before the U.S. Supreme Court last year, I made the idea of consistency the cornerstone of my case and built a road map for my argument to ensure I could always return to that home-base theme, says Karla Gilbride at Public Justice.

• Policyholder Lessons From 1st Circ. Duty To Defend Ruling

  

  In Lionbridge Technologies v. Valley Forge Insurance, the First Circuit recently held that the obligation to defend an insured is not limited to the specific causes of action expressly stated in a complaint, providing policyholders with persuasive arguments in support of the duty to defend, say Catherine Doyle and Caroline Meneau at Jenner & Block.

• The 7th Circ.'s Top 10 Civil Opinions Of 2022

  

  Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2022, and explain how they may affect issues related to antitrust, the False Claims Act,​ ​federal jurisdiction and more.

• Hertz Ruling Could Help Debtors Avoid Make-Whole Premiums

  

  A Delaware bankruptcy court’s recent ruling in Hertz, disallowing claims for make-whole premiums and post-petition interest at the contract rate, could be relied upon by debtors to sidestep those provisions, and potentially provide higher recoveries for equity holders, say Theresa Foudy and Alexander Severance at MoFo.

• Atty-Client Privilege Arguments Give Justices A Moving Target

  

  Recent oral arguments before the U.S. Supreme Court in a case regarding the scope of the attorney-client privilege appeared to raise more questions about multipurpose counsel communications than they answered, as the parties presented shifting iterations of a predictable, easily applied test for evaluating the communications' purpose, say Trey Bourn and Thomas DiStanislao at Butler Snow.

• 5 Gen X Characteristics That Can Boost Legal Leadership

  

  As Generation X attorneys rise to fill top roles in law firms and corporations left by retiring baby boomers, they should embrace generational characteristics that will allow them to become better legal leaders, says Meredith Kahan at Whiteford Taylor.

• Predictions For The 2023 Drug Pricing Landscape

  

  2022 was the year of legislative action around drug pricing, while 2023 is likely to serve up precedential judicial action — including active legal challenges with respect to the government's programs covering outpatient prescription drugs, accumulators and third-party funders, says Margaux Hall at Ropes & Gray.

• 6 Questions For Boutique Firms Considering Mergers

  

  To prepare for discussions with potential merger partners, boutique law firms should first consider the challenges they hope to address with a merger and the qualities they prioritize in possible partner firms, say Howard Cohl and Ron Nye at Major Lindsey.

• Cultivating Good Relationships With Insurance Regulators

  Excerpt from Practical Guidance

  

  Insurers can develop mutually beneficial working relationships with insurance regulators by following some simple tips for streamlining communication, knowing how and when to ask for help, and treating regulatory staff with professional courtesy, says Layna Rush at Baker Donelson.

• How Ohio Software Ruling Implicates Crypto Insurance Claims

  

  The Ohio Supreme Court's recent decision in EMOI Services v. Owners Insurance, holding that software can never be physically damaged, has limited precedential value for property claims, but serious implications for cases involving loss or damage to intangible assets like cryptocurrency and non-fungible tokens, say Jane Warring and Shannon O’Malley at Zelle.