Expert Analysis

• Opinion

  We Must Allow Judges To Use Their Independent Judgment

  

  As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.

• Deportation Flights May End Up A Legal And Strategic Error

  

  Officials in the Trump administration could face criminal contempt charges if a D.C. judge finds that they flouted his orders last weekend to halt deportation flights to El Salvador, which could ultimately make mass deportations more difficult — and proving noncompliance a self-defeating strategy, says Ethan Greenberg at Anderson Kill.

• The Central Issues Facing Fed. Circ. In Patent Damages Case

  

  The en banc Federal Circuit's pending review of EcoFactor v. Google could reshape how expert damages opinions are argued, and could have ripple effects that limit jury awards, say attorneys at McAndrews Held.

• Series

  Performing Stand-Up Comedy Makes Me A Better Lawyer

  

  Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.

• Series

  Adapting To Private Practice: From SEC To BigLaw

  

  As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.

• Making The Case For Rest In The Legal Profession

  

  For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.

• 1st Circ. IMessage Ruling Illustrates Wire Fraud Circuit Split

  

  The First Circuit’s recent decision that text messages exchanged wholly within Massachusetts but transmitted by the internet count as interstate commerce spotlights a split in how circuits interpret intrastate actions under the federal wire fraud statute, perhaps prompting U.S. Supreme Court review, say attorneys at ArentFox Schiff.

• Cross-Border Lessons In Using Hague Evidence Convention

  

  Recent case law demonstrates that securing evidence located abroad requires a strategic approach, including utilization of the Hague Evidence Convention and preparation to justify your chosen evidence-gathering path, say attorneys at Fish & Richardson.

• 4 Ways Women Attorneys Can Build A Legal Legacy

  

  This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.

• A Judge's Pointers For Adding Spice To Dry Legal Writing

  

  U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.

• A Closer Look At Money Laundering Sentencing Issues

  

  Federal money laundering cases are on the rise, often involving lengthy prison sentences for defendants who have little to no criminal history, but a closer look at the statistics and case law reveal some potentially valuable arguments that defense attorneys should keep in their arsenal, says Sarah Sulkowski at Gelber & Santillo.

• How To Create A Unique Jury Profile For Every Case

  

  Instead of striking potential jurors based on broad stereotypes or gut feelings, trial attorneys should create case-specific risk profiles that address the political climate, the specific facts of the case and the venue in order to more precisely identify higher-risk jurors, says Ken Broda-Bahm at Persuasion Strategies.

• 7 Tips For Associates To Thrive In Hybrid Work Environments

  Excerpt from Practical Guidance

  

  As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.

• White Collar Archetypes: Wrangling The Shape-Shifter

  

  In white collar criminal trials, certain pieces of evidence can shape-shift in the jury’s eyes, presenting both challenges and opportunities for defense counsel, says Jack Sharman at Lightfoot Franklin.

• Series

  Playing Beach Volleyball Makes Me A Better Lawyer

  

  My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.