Expert Analysis

• Opinion

  No, Litigation Funders Are Not 'Fleeing' The District Of Del.

  

  A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.

• 5 E-Discovery Predictions For 2025 And Beyond

  

  In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.

• Key Ethical Issues For Gov't Attys Moving To Private Practice

  

  Transitioning from government service to private practice presents complex ethical challenges for attorneys, including navigating conflicts of interest, confidential information rules and post-employment restrictions, say attorneys at HWG.

• 7 Ways 2nd Trump Administration May Affect Partner Hiring

  

  President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.

• E-Discovery Quarterly: Rulings On Custodian Selection

  

  Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.

• Series

  Exercising On My Peloton Bike Makes Me A Better Lawyer

  

  While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.

• Reviewing The High Court's Approach To Free Speech Online

  

  As the U.S. Supreme Court began addressing the interplay between the First Amendment and online social media platforms, its three opinions from last term show the justices adopting a nuanced approach that recognizes that private citizens, public employees and online platforms all have First Amendment rights, say attorneys at Jenner & Block.

• Exploring Venue Strategy For Trump-Era Regulatory Litigation

  

  Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.

• Series

  Playing Esports Makes Me A Better Lawyer

  

  Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.

• Identifying Deepfakes During Evidence Collection, Discovery

  Excerpt from Practical Guidance

  

  Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.

• An Associate's Guide To Career Development In 2025

  

  As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.

• This Year's Insights On Attorney Well-Being

  

  With the legal industry increasingly grappling with attorney burnout, depression, anxiety, stress and substance use disorders, Law360 guest experts proposed solutions this year ranging from mental health first aid training to exercises that build flexible optimism.

• New Strategies For Enhancing Firm Culture

  

  How can law firms work toward retaining legal talent and meeting business goals? This year, Law360 guest commentary dove into tips like embracing cognitive diversity and conducting so-called stay interviews.

• 2024 Pointers On Persuading Jurors

  

  In a year where nuclear verdicts continued to proliferate, Law360 guest commentary focused on how trial attorneys can better select and connect with jurors, offering strategies for identifying anti-corporate sentiments and tactics to land one’s closing argument.

• The Latest Legal Writing Tips

  

  In 2024, Law360 guest experts provided advice for improving many kinds of legal writing — explaining how attorneys can use syllogistic reasoning, emulate master chefs, and clean up drafts produced by generative artificial intelligence tools.