Trials

Expert Analysis

• Don't Panic: Harvey Doesn't Alter Florida's Bad Faith Standard

  

  Despite the Florida Supreme Court’s consistency with 80 years of precedent in its latest bad faith ruling, Harvey v. Geico, the dissenting opinions — and recent commentary — predict that “mere negligence has now become bad faith” and warn of fabricated claims and market chaos. Stephen Marino and Benjamin Hassebrock of Ver Ploeg & Lumpkin PA disagree.

• Simple Secrets For Improving Your CLE

  

  With few cases going to trial, many attorneys keep their oral-presentation skills sharp by teaching continuing legal education programs. To avoid giving a CLE that falls flat and damages your reputation, you must fashion a thoughtful message, control its presentation, and nail the beginning and ending, says Daniel Karon of Karon LLC.

• It’s Time For Law Firms To Start Talking About Gen Z

  

  Since the oldest members of Generation Z aren’t even finished with law school yet, law firm management is in a unique position to prepare for their entrance into the legal workforce, says Eliza Stoker of Major Lindsey & Africa.

• ​The New Reality Of Patent Trials Post-Halo

  

  ​Jury verdicts following the U.S. Supreme Court’s 2016 Halo decision suggest that previous patent litigation strategies are no longer working for trial-bound cases, say attorneys with Baker Botts LLP.

• Should Juries Try To Predict FDA Drug Labeling Decisions?

  

  The U.S. Supreme Court's review of Merck v. Albrecht promises to shape the way decisions of regulatory agencies — such as the U.S. Food and Drug Administration’s rejection of a drug manufacturer’s proposed label warning — can be interpreted by juries, say Alan Klein and Matthew Decker at Duane Morris LLP.

• Q&A

  Back To School: Yale's Linda Greenhouse Talks Journalism

  

  In this series featuring law school luminaries, Yale Law School lecturer and Pulitzer Prize-winning reporter Linda Greenhouse discusses her coverage of the U.S. Supreme Court, the conservatives' long game and trends in journalism.

• Opinion

  Celebrate Veterans By Improving Their Access To Justice

  

  Attorneys should think beyond the Veterans Day parades and use their time and talents to help the many veterans facing urgent legal issues, says Linda Klein of Baker Donelson Bearman Caldwell & Berkowitz PC.

• Opinion

  Time To Reclaim Wellness For All Lawyers

  

  The decision last month by Baker McKenzie’s global chairman to step down due to exhaustion indicates that the legal profession needs to mount a broader wellness effort to address long hours, high stress, frequent travel and the daily demands of practice, says Leesa Klepper, director of Thrivewell Coaching.

• Roundup Verdict Points To Jury Realities In Product Cases

  

  A California jury was recently asked to determine whether the popular herbicide Roundup causes cancer. The case demonstrates how jurors often must draw conclusions on unresolved scientific issues, and how manufacturers that ignore complaints about product risks will struggle to overcome the image of corporate irresponsibility at trial, say attorneys with Eversheds Sutherland LLP.

• 5th Circ. Weighs In On Sentencing Enhancements

  

  ​​Escaping sentencing enhancements​ is​ highly unlikely, and the defendant convicted of bank fraud in U.S. v. Miller is no exception​.​ But​ ​t​he Fifth Circuit’s opinion clarifies some legal standards and provides insight into the application of ​these ​enhancements​, says Mario Nguyen of Locke Lord LLP.