Expert Analysis

• What Will Keep Legal Talent Professionals Up At Night In 2023

  

  Hybrid work environments, high demand for lateral hires and a potential slowdown of the economy defined 2022 in the always-busy marketplace for legal talent, and as BigLaw looks at the year ahead, there are five major sources of concern for the teams charged with securing and retaining that talent, say advisers at Baretz+Brunelle.

• The Most-Read Legal Industry Law360 Guest Articles Of 2022

  

  A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from the "great resignation" to potential expansion of attorney-client privilege.

• What 3 Legal Industry Trends From 2022 Mean For Next Year

  

  Kate Reder Sheikh at Major Lindsey & Africa looks back on the year in legal recruiting, including practice areas that saw the most movement, which regions seemed most ripe for new office openings and who was promoted to partner, and makes some look-ahead predictions for 2023.

• Learning From This Year's Legal Industry Discrimination Suits

  

  To limit the risk of lawsuits and make the workplace a more welcoming environment for female attorneys, it is important to reflect on lawyers' recent discrimination and sexual harassment claims against law firms and public employers, says Hope Comisky at Griesing Law.

• The Other Side Says Your Evidence Is A Deepfake. Now What?

  

  Recent trials have shown that defendants are increasingly casting doubt on the reliability of video evidence by claiming it was altered by artificial intelligence, and litigants will need to incorporate certain best practices to approach the risk of deepfakes — even if there’s no credible basis for the opposing party’s accusation, say Matthew Ferraro and Brent Gurney at WilmerHale.

• Series

  The Future Of Legal Ops: AI Has Important Role To Play

  

  Though the debut of OpenAI's ChatGPT has prompted some fears about negative impact on lawyers, artificial intelligence technology can be a powerful tool for legal operations professionals if used effectively to augment their work, say Justin Ben-Asher and Gwendolyn Renigar at Steptoe, and Elizabeth Matthews at TotalEnergies.

• 4 Proactive Strategies For 'Rocket Docket' Discovery In SDNY

  

  With more than half of Southern District of New York judges now allowing four or fewer months for fact discovery, civil litigators in this aspiring "rocket docket" jurisdiction should prioritize case management methods that make the most of this compressed timeline, say Jaclyn Grodin and Nicholas Cutaia at Goulston & Storrs.

• Opinion

  Increasing Law Firm Polarization Will Degrade Rule Of Law

  

  As evidenced in recent instances of law firms separating from attorneys who represented certain industries or espoused certain views, firms and the legal practice itself have grown troublingly polarized and intolerant of dissent, says Rebecca Roiphe at New York Law School.

• Alex Jones Cases Show It's Time To Rethink Zealous Advocacy

  

  Though zealous advocacy has long been heralded as a foundational principle in the practice of law, the recent defamation trials of Infowars host Alex Jones demonstrate the practical limits of zeal in the courtroom, and attorneys would do well to consider alternative tactics for the modern era, say attorneys at Winston & Strawn.

• How To Deal With Difficult Clients, Practically And Ethically

  

  Meredith Stoma at Lewis Brisbois discusses common obstacles for counsel working with difficult clients and provides guidance on ethically managing or terminating these challenging relationships — as, for example, counsel for Ye have recently done.

• Fed. Circ. Rulings That Gave Patent Law A New Spin In 2022

  

  Keith Grady at Tucker Ellis looks at critical 2022 Federal Circuit rulings and their impact on patent law, including the February Caltech v. Broadcom decision expanding estoppel rules relating to inter partes review practices and the June Centripetal Networks v. Cisco Systems clarification on blind trusts.

• Opinion

  Federal Courts Should Adopt Supreme Court's Amicus Stance

  

  The federal courts of appeals should adopt the U.S. Supreme Court's new approach to amicus curiae briefs, which allows the friend-of-the-court submissions to be filed without consent from the court or the parties, says Lawrence Ebner at Atlantic Legal Foundation.

• 3 Pricing Trends In Law Firm Use Of Litigation Funding

  

  As BigLaw firms increasingly include litigation funding as a financing option for clients, internal pricing groups are taking the lead on standardizing and centralizing firm processes, and aggregating risk budgets, says Brendan Dyer at Woodsford Group.

• Safeguarding Attorneys' Greatest Asset: Our Mental Health

  

  Attorneys who understand that mental fitness is their most valuable characteristic should prioritize mental health care accordingly, including with certain activities they may not realize qualify as self-care, says Wendy Robbins at Holland & Knight.

• Opinion

  Law Schools Are Right To Steer Clear Of US News Rankings

  

  By opting out of participating in the U.S. News & World Report annual rankings, law schools abandon a profoundly flawed system and free up their resources to adapt to the tsunami of changes overtaking the profession, says Nicholas Allard at Jacksonville University College of Law.