Expert Analysis

• Reel Justice: 'Mercy' And Private Surveillance As Evidence

  

  The near-future depicted in the film “Mercy” reminds attorneys that private surveillance networks are becoming central to the evidentiary ecosystem, shaping what prosecutors can obtain, what defendants must explain and what jurors may interpret as objective truth, says Veronica Finkelstein at Wilmington University.

• Opinion

  AVOID Act Creates 3rd-Party Litigation Risks For Transpo Cos.

  

  New York's Avoiding Vexatious Overuse of Impleading to Delay Act, which takes effect next month, will require new risk management strategies from transportation companies as it attempts to drastically change the scope of third-party litigation while failing to address practical realities of civil disputes, says Steven Saal at Lucosky Brookman.

• Witness AI Usage Is The Next Privilege Battle In Civil Litigation

  

  Fact and expert witnesses now have immediate access to artificial intelligence systems capable of simulating deposition questioning, recommending answers and more, but this preparation occurs privately, invisibly and frequently under the mistaken assumption that it is harmless, says Bill Kanasky at Courtroom Sciences and Billy Davis at Taylor Nelson.

• And Now A Word From The Panel: New Rules For The JPML

  

  On the heels of a new federal rule of civil procedure governing multidistrict litigation, the Judicial Panel on Multidistrict Litigation has adopted amendments to its own rules on subjects ranging from motions to seal to oral arguments — and it behooves panel practitioners to familiarize themselves with these changes, says Alan Rothman at Sidley.

• How 2 Decisions Reframed Witness-Centered Trials

  

  The recent Maryland federal jury verdict in U.S. v. Goldstein and the U.S. Supreme Court decision in Villarreal v. Texas suggest that the traditional paradigm of American civil trial practice, with its emphasis on witness performance and assertive advocacy, may not reflect the ideal approach for the modern courtroom, says Joshua Robbins at Crowell & Moring.

• Emissions Permits May Not Override Pollution Exclusions

  

  Two recent coverage rulings from the Illinois Supreme Court and the Third Circuit suggest a trend among appellate courts to deny coverage under pollution exclusions, even when the emissions happened pursuant to a government permit, say attorneys at Simpson Thacher.

• 5 Tips For Navigating Your Firm's All-Attorney Summit

  Excerpt from Practical Guidance

  

  Law firm retreats should be approached strategically, as they present valuable opportunities to advance both the firm's objectives and attorneys' professional development through meaningful participation, building and strengthening internal relationships, and proactive follow-up, says James Argionis at Cozen O’Connor.

• Meta Coverage Ruling Could Erode Broad Duty To Defend

  

  A Delaware court recently decided that Meta's insurers need not defend the company from lawsuits alleging addictive platform design — a troubling decision for policyholders that, if upheld, warns that insureds' business decisions can be weaponized to deny a duty to defend, say attorneys at Anderson Kill.

• Series

  Coaching Soccer Makes Me A Better Lawyer

  

  Coaching youth soccer for my 7-year-old son's team has sharpened how I communicate with clients, prepare witnesses, work within teams and think about leadership, making me a more thoughtful and effective lawyer in many ways, says Joshua Holt at Smith Currie.

• Series

  Law School's Missed Lessons: The Human Element

  

  Law school teaches you to quickly apply intellect and logic when handling a legal issue, but every fact pattern also involves a person, making the ability to balance expertise with empathy critical to the growth of relationships with clients, colleagues and adversaries, says Rachel Adcox at Adcox Strategies.

• How High Court Recast State Sovereign Immunity In Galette

  

  The U.S. Supreme Court's unanimous ruling in Galette v. New Jersey Transit, asserting that the state-chartered transit agency has independent corporate personhood and sole obligation to pay judgments against it, turned on substance rather than form — and its analysis should be carefully reviewed in courthouses and statehouses, say attorneys at McCarter & English.

• Opinion

  High Court's Hain Ruling Undermines Diversity Jurisdiction

  

  The U.S. Supreme Court's most recent decision on the limits of federal jurisdiction, Hain Celestial Group v. Palmquist, further legitimizes the plaintiffs bar's long practice of intentionally pleading around diversity jurisdiction — and could have far-reaching implications for how future product liability and consumer fraud cases are litigated, say attorneys at Patterson Belknap.

• The Benefits Of Choosing A Niche Practice In The AI Age

  

  As artificial intelligence becomes increasingly accessible, lawyers with a niche practice may stand out as clients seek specialized judgment that automation cannot replicate, but it is important to choose a niche that is durable, engaging and a good personal fit, says Daniel Borneman at Lowenstein Sandler.

• In Hain, Justices Increase Stakes For Jurisdictional Errors

  

  The U.S. Supreme Court's decision in Hain Celestial Group v. Palmquist, addressing the consequences of a district court's erroneous dismissal of a nondiverse party before final judgment, has amplified the risk that a mistaken jurisdictional ruling in district court will render moot everything that comes after, says Steven Boranian at Reed Smith.

• Opinion

  It's Time To Clarify California's Elder Abuse Act

  

  As California's elderly population soars, the Golden State's high court and Legislature must provide needed clarification about the scope of the Elder Abuse Act, to resolve the inconsistencies and ambiguities that have impeded the law's ability to remedy elder abuse, neglect and abandonment, say attorneys at Horvitz & Levy.