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Expert Analysis

• Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?

  

  A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.

• 6 Factors That Can Make For A 'Nuclear' Juror

  

  Drawing from recent research that examines the rise in nuclear verdicts, Ken Broda-Bahm at Persuasion Strategies identifies a few juror characteristics most likely to matter in assessing case risk and preparing for jury selection — some of which are long-known, and others that are emerging post-pandemic.

• Playing Dungeons & Dragons Makes Me A Better Lawyer

  

  Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.

• Illinois BIPA Reform Offers Welcome Relief To Businesses

  

  Illinois' recent amendment to its Biometric Information Privacy Act limits the number of violations and damages a plaintiff can claim — a crucial step in shielding businesses from unintended legal consequences, including litigation risk and compliance costs, say attorneys at Taft.

• 3 Leadership Practices For A More Supportive Firm Culture

  

  Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.

• Attorneys Can Benefit From Reverse-Engineering Their Cases

  

  Trial advocacy programs often teach lawyers to loosely track the progression of a lawsuit during preparation — case analysis, then direct examination, then cross-examination, openings and closings — but reverse-engineering cases by working backward from opening and closing statements can streamline the process and also improve case strategy, says Reuben Guttman at Guttman Buschner.

• E-Discovery Quarterly: Rulings On Hyperlinked Documents

  

  Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.

• Calif. Out-Of-State Noncompete Ban Faces Several Hurdles

  

  California's attempt to bolster its noncompete law has encountered significant procedural and constitutional challenges, and litigating parties must carefully analyze not only the restrictive covenants contained in their agreements, but also the forum-selection and choice-of-law provisions, say Jennifer Redmond and Gal Gressel at Sheppard Mullin.

• What Cos. Should Note In DOJ's New Whistleblower Pilot

  

  After the U.S. Department of Justice unveiled a new whistleblower pilot program last week — continuing its efforts to incentivize individual reporting of misconduct — companies should review the eligibility criteria, update their compliance programs and consider the risks and benefits of making their own self-disclosures, say attorneys at Skadden.

• Motion To Transfer Venue Considerations For FCA Cases

  

  Several recent decisions highlight the importance for practitioners of analyzing as early as possible whether a False Claims Act case warrants a change of venue, and understanding how courts weigh certain factors for defendants versus whistleblowers, say Ellen London at London & Stout, and Li Yu and Corey Lipton at DiCello Levitt.

• Teaching Scuba Diving Makes Me A Better Lawyer

  

  As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.

• Lawyers Can Take Action To Honor The Voting Rights Act

  

  As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.

• Dreamer Green Card Updates Offer Too Little For Too Few

  

  Despite the Biden administration’s good intentions in announcing a new pathway for college-educated Dreamers to receive green cards, the initiative ultimately does little to improve the status quo for most beneficiaries, and could even leave applicants in a worse position, says Adam Moses at Harris Beach.