Expert Analysis

• Opinion

  NY Ruling Correctly Deems Legal Finance Docs Irrelevant

  

  A New York appeals court's recent decision in Worldview Entertainment v. Woodrow joins a growing trend of decisions denying discovery of litigation funding documents, highlighting that commercial legal finance should be treated just like any other financing in commercial litigation, says Andrew Cohen at Burford Capital.

• Opinion

  More Regulation Is Needed In US Fertility Industry

  

  Though states have made some progress in recent years, the U.S. fertility industry remains plagued by widespread fraud and legal loopholes that must be addressed with legislation to bolster protections for patients and children conceived through reproductive technology, says Rachel Wexler at Trachman Law Center.

• Overcommunicate With Your Summer Associates This Year

  

  2022 summer associates have had limited opportunities for professional interactions due to the pandemic, so supervising attorneys should prioritize intentional overcommunication by emphasizing importance of tone and content of emails, sharing feedback immediately, and more, says Julie Schrager at Faegre Drinker.

• Nev. Case Highlights Settlement Authority Dilemmas For Cos.

  

  A Nevada federal court's recent decision in Ceja v. The Vons Companies illustrates the pitfalls of misinterpreting a court order requiring a representative with full settlement authority to be present at negotiations, and is a reminder to consider that courts differ as to what full settlement authority means in practice, says Richard Mason at MasonADR.

• Vaping-Linked Lung Issues May Ignite More Diacetyl Litigation

  

  While diacetyl litigation related to the food flavoring industry has been on the decline, possible links between the use of diacetyl in e-cigarettes and the development of bronchiolitis suggest that a new wave of vaping-related diacetyl litigation may be on the horizon, say Paul Knobbe and Andrea Sciarratta at Goldberg Segalla.

• The Fastest Federal Trial Courts: A Look At Virginia, Florida

  

  The Eastern District of Virginia rocket docket and the Northern District of Florida were last year’s fastest civil trial courts in the nation, and interviews with two of their judges reveal they have some of the same practices to keep litigation moving efficiently, says Robert Tata at Hunton.

• Tips For Evaluating Machine Learning For Contracts Review

  

  Law firms considering machine learning and natural language processing to aid in contract reviews should keep several best practices in mind when procuring and deploying this nascent technology, starting with identifying their organization's needs and key requirements, says Ned Gannon at eBrevia.

• Opinion

  Courts Must Tackle Lack Of Diversity In Class Counsel

  

  When federal courts appoint lead lawyers in federal class actions, the counsel chosen are almost always white and male — but if courts adopt a broader view of what kind of experience is relevant for class counsel appointments, the class action bar can be diversified, says Alissa Del Riego at Podhurst Orseck.

• How To Efficiently Deploy Your Professional Growth Strategy

  

  Lana Manganiello at Equinox Strategy Partners discusses how time-strapped legal professionals can efficiently implement a professional growth framework by focusing on only the most effective actions to build the reputation and relationships key to their ideal practice.

• A 6-Step Framework For Legal Industry Professional Growth

  

  Lana Manganiello at Equinox Strategy Partners discusses how implementing a professional growth framework will help legal professionals gain expertise in a relevant niche to build credibility, focus marketing efforts and build an ideal practice.

• Why Contempt May Be Apt Punishment For High Court Leaker

  

  Contempt of court is an overlooked but potentially effective tool to punish whoever leaked the draft opinion overruling Roe v. Wade and protect the integrity of the U.S. Supreme Court, says Michael Zuckerman at Zuckerman Dispute Resolution.

• Improving Defense Case Stories In An Age Of Misinformation

  

  If defense lawyers reflect on how COVID-19 misinformation permeated public discourse, they will find courtroom lessons on telling a complete, consistent and credible story that prevents jurors from filling in the blanks themselves, says David Metz​ at IMS.

• Opinion

  Clients' Diversity Mandates For Law Firms Are Necessary

  

  Coca-Cola recently scrapped its proposed diversity staffing requirements for outside counsel, and other companies may be reassessing their mandates due to external pressures, but it is important to remember the myriad factors supporting these policies and why they are more important now than ever before, says David Hopkins at Benesch Friedlander.

• 5 Questions That Can Help Law Firms Win RFPs

  

  As the volume of matter-specific requests for proposals continues to increase in the legal market, law firms can take some new steps to fine-tune their RFP response-drafting process and strategy, says Matthew Prinn at RFP Advisory Group.

• A Guide To Nonverbal Cues As In-Person Jury Trials Resume

  

  As attorneys face the prospect of trying cases in person after a two-year hiatus, they need to remember common fallacies jurors hold about detecting lies from witnesses’ body language — and lawyers must educate witnesses about demeanor that hurts credibility, says Jeff Dougherty at Litigation IQ.