Expert Analysis

• Series

  Ultramarathons Make Me A Better Lawyer

  

  Completing a 100-mile ultramarathon was tougher, more humbling and more rewarding than I ever imagined, and the experience highlighted how long-distance running has sharpened my ability to adapt to the evolving nature of antitrust law and strengthened my resolve to handle demanding, unforeseen challenges, says Dan Oakes at Axinn.

• 6th Circ. Can Extend Insurance Valuation Clarity Beyond Auto

  

  In rehearing Clippinger v. State Farm, the Sixth Circuit can align itself with the recent drumbeat of other circuits rejecting class certification of auto total loss claims and set standards that apply to similar claims brought under homeowners and other types of insurance policies, say attorneys at Jackson Walker.

• 9th Circ. Ruling Clarifies Doc Protection Limits In Gov't Probes

  

  The Ninth Circuit's recent decision in Kalbers v. U.S. Department of Justice confirms that Rule 6(e) provides robust protections when documents are in the government's possession only through a grand jury subpoena, emphasizing for companies the importance of careful labeling from the outset of an investigation, say attorneys at Cooley.

• Spotlight On Legal Battles Over EEOC Subpoena Powers

  

  Attorneys at Wilson Elser consider the spate of litigation over the past year, spurred by the Equal Employment Opportunity Commission’s focus on alleged religious discrimination at universities, and corporate diversity, equity and inclusion practices, and how it may affect the attempts to assert privacy rights against the agency's broad subpoena powers.

• Verdicts Signal Product Liability's Expansion To Digital Realm

  

  Last week's landmark verdict in K.G.M. v. Meta Platforms Inc., along with other recent verdicts that apply product liability theories to online services that rely on algorithmic design and user engagement features, make it clear that companies must evaluate digital product design through a litigation lens, say attorneys at Arnold & Porter.

• Getting The Most Out Of Learning And Development Programs

  Excerpt from Practical Guidance

  

  Junior associates can better develop the legal, business and interpersonal skills they need for long-term success by approaching their firms’ learning and development programs armed with five tips for getting the most out of these resources, says Lauren Hakala at Reed Smith.

• Opinion

  AI Presents A Make-Or-Break Moment For Outside Counsel

  

  The rapid adoption of artificial intelligence by corporate legal departments is forcing a long-overdue reset of the relationship between inside and outside counsel, and introducing a significant opportunity to shed frustrating inefficiencies and strengthen collaboration for firms willing to embrace the shift, says Intel Chief Legal Officer April Miller Boise.

• State Carbon Cost Disparities Are Pivotal In Data Center Siting

  

  When choosing U.S. data center locations, developers must carefully consider the patchwork of state and regional carbon emission pricing regimes that are layered on top of the federal permitting framework, creating compliance cost differentials that could add up to billions of dollars, say attorneys at Davis Graham.

• Series

  Watching Hallmark Movies Makes Me A Better Lawyer

  

  I realize you may be judging me for watching, and actually enjoying, Hallmark Channel movies, but the escapism and storylines actually demonstrate qualities and actions that lead to an efficient, productive and positive legal practice, says Karen Ross at Tucker Ellis.

• Keys To Federal Carbon Compliance In Data Center Siting

  

  Recent statements from the White House and state governors about making data centers pay for their own power infrastructure have underlined the importance of choosing locations, generation technologies and deal structures to optimize carbon, permitting and compliance costs, say attorneys at Davis Graham.

• Employment Cases Offer Arbitration Clause Drafting Lessons

  

  Two recent federal court decisions granting employers' motions to compel arbitration highlight that companies can improve their chances of avoiding court by approaching arbitration clauses as a series of related drafting choices, anticipating disputes on the arbitral seat, hearing location and governing law, say attorneys at Krevolin Horst.

• 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.

• 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.

• What's At Stake In High Court's Venue Dispute Case

  

  The U.S. Supreme Court’s eventual ruling in Abouammo v. U.S. could fundamentally reshape venue rules for federal criminal prosecutions, highlighting why defense counsel should ensure preservation of colorable venue challenges, particularly where the government's chosen forum lacks a direct connection to the defendant's physical acts, say attorneys at ArentFox Schiff.

• 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.