Expert Analysis

• A Vision For Economic Clerkships In The Legal System

  

  As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.

• Examining Illinois Genetic Privacy Law Amid Deluge Of Claims

  

  After a federal court certified an Illinois Genetic Information Privacy Act class action in August, claims under the law have skyrocketed, so employers, insurers and others that collect health and genetic information should ensure compliance with the act to limit litigation risk, say attorneys at Squire Patton.

• E-Discovery Quarterly: Recent Rulings On Text Message Data

  

  Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.

• An American Policyholder's Guide To UK Insurance Arbitration

  

  No matter how experienced U.S. policyholders are in stateside disputes, the procedural quirks of U.K. insurance arbitration mean Americans should learn a few key differences between U.S. litigation and London arbitration before heading across the pond, says Robert Jacobs at Blank Rome.

• 5 Climate Change Regulatory Issues Insurers Should Follow

  

  The climate change landscape for insurers has changed dramatically recently — and not just because of the controversy over the U.S. Securities and Exchange Commission's climate-related risk disclosure rules, says Thomas Dawson at McDermott.

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  Swimming Makes Me A Better Lawyer

  

  Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.

• Breaking Down 4th Circ. Pendent Appellate Jurisdiction Ruling

  

  As illustrated by the Fourth Circuit's recent decision in Elegant Massage v. State Farm, denying class certification and granting a motion to dismiss, federal appellate courts continue to struggle with defining the scope of pendent appellate jurisdiction — or jurisdiction over nonfinal orders below, says Joan Steinman at the Chicago-Kent College of Law.

• Notable Q1 Updates In Insurance Class Actions

  

  Mark Johnson and Mathew Drocton at BakerHostetler discuss notable insurance class action decisions from the first quarter of the year ranging from salvage vehicle titling to rate discrimination based on premium-setting software.

• 6th Circ. Bias Ruling Shows Job Evaluations Are Key Defense

  

  In Wehrly v. Allstate, the Sixth Circuit recently declined to revive a terminated employee’s federal and state religious discrimination and retaliation claims, illustrating that an employer’s strongest defense in such cases is a documented employment evaluation history that justifies an adverse action, says Michael Luchsinger at Segal Mccambridge.

• FDIC Bank Disclosure Rules Raise Important Questions

  

  The Federal Deposit Insurance Corp.'s new rules mandating disclosures for nonbanks offering deposit products leave traditional financial institutions in a no-man's land between fintech-oriented requirements and the reality of personal service demanded by customers, say Paul Clark and Casey Jennings at Seward & Kissel.

• Why RWI Insurers Should Consider Excluding PFAS

  

  As regulation of per- and polyfluoroalkyl substances escalates, carriers providing representations and warranties insurance should reconsider providing PFAS coverage on a case-by-case basis, say Dave Bartoletti and Ina Avalon at Taft Stettinius.

• Don't Use The Same Template For Every Client Alert

  

  As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.

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  Walking With My Dog Makes Me A Better Lawyer

  

  Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.

• Parsing Insurance Issues After Mass Shooting 'Occurrences'

  

  A Florida district court’s recent decision in Tony v. Evanston Insurance, which held that the 2018 Parkland High School mass shooting was a single "occurrence" under the town's commercial general liability policy, sheds light on how other courts may make this determination following other mass shooting events, says Elan Kandel at Bailey Cavalieri.

• Think Like A Lawyer: Follow The Iron Rule Of Trial Logic

  

  Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.