Expert Analysis

• Harvard Morgue Deal Shows Stakes Of Good Faith Immunity

  

  Harvard's recent $53 million payment to settle lawsuits concerning body part thefts from its medical school morgue spotlights the state’s Uniform Anatomical Gift Act, which only extends good faith immunity to anatomical donation stakeholders if certain conditions are met, says Christina Strong at Dilworth Paxson.

• 2nd Circ. Tylenol MDL Ruling Clarifies Court Gatekeeper Role

  

  The Second Circuit’s recent decision in multidistrict litigation over alleged links between Tylenol and developmental disorders, holding that the trial court improperly excluded expert witnesses, preserves meaningful judicial gatekeeping while making clear that judges may not resolve legitimate scientific disputes themselves, say attorneys at Lowenstein Sandler.

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  Law School's Missed Lessons: Cultivating Good Judgment

  

  Law schools generally overlook the role that solid judgment skills play in real-world practice, but attorneys can bridge the gap by strengthening their abilities to assess a case’s strengths and weaknesses, develop and execute effective strategies, and provide clear recommendations to clients, says Manny Caixeiro at Venable.

• NJ Justices' Walmart Ruling Clarifies Future Snowstorm Duty

  

  A recent New Jersey Supreme Court decision, that a contractor's spreading of salt on a minimal snow accumulation in a Walmart parking lot did not create liability, delivers important clarity on the state's ongoing-storm rule, says Maxx Johnson at Stradley Ronon.

• What Trial Teams Should Know About AI Jury Research Tools

  

  Using artificial intelligence for jury research is quickly becoming part of the litigation consulting landscape, and can be a useful part of a case assessment toolkit — but litigators must understand what these systems are built to measure, and what conclusions can reasonably be drawn from their output, say Bill Kanasky and Steve Wood at Courtroom Sciences.

• Attorneys Using AI May Have Ethical Duty To Redact Docs

  

  The trajectory of legal ethics guidance in recent years strongly suggests that as redaction technology becomes more accessible, the failure to use it when uploading highly confidential materials into artificial intelligence tools will become increasingly difficult to defend as reasonable, say attorneys at Lewis Brisbois.

• Minn. Ruling Expands Insureds' Right To Independent Counsel

  

  If upheld on appeal, a recent decision by a Minnesota appellate court — Fabyanske Westra Hart & Thomson v. Western National Mutual Insurance — will give Minnesota policyholders a stronger basis to demand independent counsel when an insurer accepts a defense under a reservation of rights, say attorneys at Stoel Rives.

• State AI Safety Laws Raise New Liabilities For Healthcare Cos.

  

  Healthcare and life science companies using third-party artificial intelligence tools should pay particular attention to the changing state-level legal landscape, where the rollout of multiple AI safety laws is introducing both new compliance obligations and potential consumer protection liabilities, say attorneys at McDermott.

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  Juggling And Unicycling Make Me A Better Lawyer

  

  Because I juggle (sometimes with fire) and ride the unicycle, friends and family used to joke that I should join the circus, but I pursued the practice of law instead and learned that my hobbies benefit my profession in several important ways, says Morgan Eddy at Smith Currie.

• Expert Witness's ChatGPT Use Highlights New AI Risks

  

  An expert witness's recent use of ChatGPT in multidistrict litigation involving 3M to formulate most of his opinion illustrates the lack of clear rules for how an expert may use generative AI in an opinion, expanding both offensive and defensive discovery considerations, says David Shargel at Bracewell.

• 2nd Circ. Ruling Lays Out Administrative Right-Of-Access Blueprint

  

  In Civil Rights Corps v. LaSalle, the Second Circuit recently held that the First Amendment dictates a presumptive right of access to sealed attorney grievance proceedings, providing a framework for challenging other administrative regimes that operate behind closed doors, says Jonathan Ginsberg at Carlton Fields.

• 10th Circ. Ruling Propels Emerging 'Occurrence' Consensus

  

  The Tenth Circuit recently revived the Church of Jesus Christ of Latter-day Saints' bid for insurance coverage in a sexual abuse case, continuing a trend as the second circuit court to find that, where ambiguous, the definition of "occurrence" must be interpreted in favor of coverage, say attorneys at Anderson Kill.

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  Ballet Makes Me A Better Lawyer

  

  A lifetime of learning and performing ballet taught me that success — whether in dance or practicing law — comes only through hours of thorough preparation, boundless energy and relentless effort, says Sharon Katz-Pearlman at Greenberg Traurig.

• Insurer Spoliation Ruling Flags Continuing Duty To Preserve

  

  An Illinois federal court’s recent decision to impose spoliation sanctions on the insurer in H.D. Smith v. Cincinnati Insurance provides practical guidance for navigating long-tail coverage litigation, underscoring the importance of evaluating preservation obligations in light of the full life cycle of a dispute, say attorneys at Morgan Lewis.

• 4 Ways‌ NY's Bivens Act Changes Civil Rights Legal Strategy

  

  New York state's new Bivens Act creates a statutory civil rights cause of action against federal officials, changing presuit investigations, discovery and settlement leverage, and creating an opportunity to pursue more structural changes — so plaintiffs counsel will need to adjust their civil rights litigation playbooks, say attorneys at Jacob Fuchsberg Law.