Expert Analysis

• A Framework For Volume Dispute Damages In Oil, Gas M&A

  

  With every major upstream oil and gas consolidation in recent years having resulted in minimum volume commitment disputes, experts testifying in such litigation must use a five-step framework for calculating lost profits that accounts for the option structure embedded in the contract, says Robert Foss at Hinds Feat Advisors.

• Ill. Law Firm MSO Bill Clashes With Court Power, Ethics Rules

  

  An Illinois bill prohibiting law firms from certain business arrangements with management service organizations, sent to the governor for signature last week, encroaches upon the courts' constitutional powers and goes beyond the Illinois Rules of Professional Conduct in regulating investment in law-related services, says Matthew O’Hara at Smith Gambrell.

• As Quantum Computing Evolves, So Do Antitrust Risks

  

  Amid quantum computing's increased strategic importance there are five potential antitrust fault lines that may arise not only between quantum developers, but also within and across the layers of the stack as the industry matures, say attorneys at Proskauer.

• Opinion

  State Courts Must Be Gatekeepers Of Expert Testimony

  

  Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

• Series

  Moshing Makes Me A Better Lawyer

  

  Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

• Okla. Reforms Will Curb Oil, Gas Royalty Litigation Risk

  

  Recent amendments to Oklahoma's Production Revenue Standards Act — the most comprehensive in decades — raise the stakes for true noncompliance with the state's oil and gas royalty payment framework, while offering operators clearer rules, defined interest boundaries and predictable exits from prolonged suspense situations, say attorneys at GableGotwals.

• Tracking The Rare 'Quick Look' Win In FTC's Zillow-Redfin Suit

  

  The Federal Trade Commission’s suit claiming that Zillow illegally paid Redfin to exit the apartment rental market is one to watch because its early success under the less rigorous “quick look” standard of antitrust review could turn into a rare case won under the doctrine, say attorneys at Axinn.

• Why Highly Specialized Experts May Risk Exclusion At Trial

  

  Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

• Drawing A Line Between Settlement Pressure And Extortion

  

  U.S. v. Luo, pending in the U.S. District Court for the Southern District of New York, may force courts to address anew when settlement negotiations become criminal extortion, particularly in the age of easily fabricated digital evidence, says attorney Denis Kiely.

• California Antitrust Bill Raises New Risks For Dealmakers

  

  A pending California bill would turn the state attorney general's office into a more powerful antitrust enforcer, introducing a host of implications for dealmakers beyond whether deals close, such as deal certainty and risk allocation, say attorneys at Baker Botts.

• Risk Reduction Lessons For PE Firms From PowerSchool Suit

  

  A California federal court's recent orders allowing claims against Bain Capital to proceed based on a data breach at its subsidiary PowerSchool indicate that private equity firms need to strategically approach acquisition activities to avoid cybersecurity risks, say attorneys at Womble Bond.

• FTC Focus: Calibrating Biden-Era Issues In 2026's 1st Half

  

  In the first half of 2026, Federal Trade Commission actions have redefined which of the previous administration's theories it views as legally sustainable, institutionally worthwhile and consistent with a more restrained conception, including a pivot from rulemaking to case-specific noncompete enforcement this spring, say attorneys at Proskauer.

• Series

  Founding An Autism Academy Made Me A Better Lawyer

  

  Starting a nonprofit autism school with no building, no funding model and no guarantee that families would trust us taught me the importance of mission, patience and purpose — lessons that sharpened my practice and showed how meaningful work outside the office can make lawyers better, says Phillip Russell at Ogletree Deakins.

• Opinion

  Rule Of Law Requires Gov't Engagement With Bar, Not Retreat

  

  A federal agency's absence from national and local bar conferences, most recently illustrated by the U.S. Department of Justice's withdrawal from a New York City Bar Association white collar conference, disserves the bar, the government lawyers themselves and, ultimately, the administration of justice, says Muhammad Faridi at Linklaters.

• AG Watch: Oregon's Strategic Civil Enforcement Approach

  

  Oregon Attorney General Dan Rayfield’s recent antitrust litigation activity and proposed staffing increase are the latest in a series of structural and policy changes that signal that the state Department of Justice is taking a more aggressive approach to civil enforcement, says Keturah Taylor at Cozen O'Connor.