Expert Analysis

• 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.

• Finding Uninjured Consumers In Drug Antitrust Class Actions

  

  In recent pharmaceutical antitrust class actions with highly aggregated economic models reliant on the use of averages, the presence of uninjured class members can be hard to discern, but careful analysis can identify them — and can ultimately lead to decertification of the class, say George Korenko and Tram Nguyen at Edgeworth Economics.

• 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.

• How Law Firms Can Employ More Veterans

  

  Hiring attorneys who are veterans is often overlooked in law firm diversity, equity and inclusion plans, even though it generates substantial benefits, but partnering with like-minded organizations and having a robust and active veterans group will go a long way in boosting a firm's ability to recruit and retain veterans, say Daniel Sylvester and Nicholas Hasenfus at Holland & Knight.

• MORE Act's Possible Impact On State-Licensed Cannabis Cos.

  

  The Marijuana Opportunity Reinvestment and Expungement Act, recently passed in the U.S. House of Representatives, would dramatically alter the federal legal landscape for state-licensed cannabis businesses in both positive and negative ways — from opening new marketing avenues to compounding tax burdens, say attorneys at the Law Offices of Omar Figueroa​​​​​​​.

• Associates, Look Beyond Money In Assessing Lateral Offers

  

  In the face of high demand for corporate legal work and persistent staffing constraints, many law firms continue to offer sizable signing bonuses to new associates, but lateral candidates should remember that money is just one component of what should be a much broader assessment, says Stephanie Ruiter at Lateral Link.