Expert Analysis

• Opinion

  State Courts Must Be Gatekeepers Of Expert Testimony

  

  Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

• Series

  Moshing Makes Me A Better Lawyer

  

  Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

• Why Highly Specialized Experts May Risk Exclusion At Trial

  

  Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

• A Midyear Look At Antiterrorism Act Jurisprudence And Policy

  

  Plaintiffs have filed comparably fewer new actions under the Antiterrorism Act this year, though a handful of key decisions further defined the statute’s aiding-and-abetting standard and highlighted continuing risks for financial services companies, say attorneys at Skadden.

• Texas Rule Change Could Speed Trucking Case Dismissals

  

  The Texas Supreme Court's recent comprehensive amendments to Rule 166a, governing summary judgment procedure and standards in Texas state courts, will fundamentally reshape dispositive motion practice, permitting defendants in trucking cases to weaponize the rule against unwitting plaintiffs, and requiring more aggressive early discovery efforts, say attorneys at Hamilton Wingo.

• Drawing A Line Between Settlement Pressure And Extortion

  

  U.S. v. Luo, pending in the U.S. District Court for the Southern District of New York, may force courts to address anew when settlement negotiations become criminal extortion, particularly in the age of easily fabricated digital evidence, says attorney Denis Kiely.

• Colorado's New Chatbot Law May Be Defined By Its Carveouts

  

  What makes Colorado's conversational artificial intelligence service law worth close attention is what it leaves out, so a thorough scoping analysis may be as important as compliance planning for companies that develop, license or deploy conversational AI, say attorneys at Eversheds Sutherland.

• Series

  Founding An Autism Academy Made Me A Better Lawyer

  

  Starting a nonprofit autism school with no building, no funding model and no guarantee that families would trust us taught me the importance of mission, patience and purpose — lessons that sharpened my practice and showed how meaningful work outside the office can make lawyers better, says Phillip Russell at Ogletree Deakins.

• Using NY Lawsuit Loan Law, Ruling Against Shady Injury Suits

  

  The combination of a New York state appellate ruling that exposes litigation lenders in potentially fraudulent personal injury cases to discovery and a new law limiting predatory loans to plaintiffs provides defense counsel a powerful new toolkit for confronting suspicious claims, say attorneys at Stradley Ronon.

• The Banking Issue Hiding In Justices' Freight Broker Ruling

  

  While the U.S. Supreme Court’s recent liability preemption ruling in Montgomery v. Caribe Transport was front-page news for the transportation industry, the banking industry seems to have missed that the decision exposes freight broker lenders to credit, documentation and litigation issues, say attorneys at Barack Ferrazzano.

• Opinion

  Rule Of Law Requires Gov't Engagement With Bar, Not Retreat

  

  A federal agency's absence from national and local bar conferences, most recently illustrated by the U.S. Department of Justice's withdrawal from a New York City Bar Association white collar conference, disserves the bar, the government lawyers themselves and, ultimately, the administration of justice, says Muhammad Faridi at Linklaters.

• Aviation Watch: Product Safety Lessons From The UPS Crash

  

  The National Transportation Safety Board's recent hearing concerning the crash of a UPS jet late last year highlighted the importance of maintaining records documenting analysis of design defects, adequately warning users of defects and related safety issues, and requiring use of improved designs, says Alan Hoffman, a retired attorney and aviation expert.

• The Paradoxical Duty To Adopt AI When You Can't Bill For It

  

  Both billing for hours saved using artificial intelligence and preserving billable time by not adopting AI may violate rules of professional conduct, but until bar associations' ethics rules catch up to this emerging economic dilemma, firms must decide how to adjust fee structures themselves, says Ines Lassalle at Peyrot & Associates.

• Reel Justice: 'Tuner' And Modern Juror Sympathy

  

  In “Tuner,” the main character’s criminal behavior is framed as an extension of his vulnerability, talent and loyalty, demonstrating how narratives of sympathy shape perceptions of culpability, and why jurors may reinterpret wrongdoing through story and emotion rather than evidence and doctrine, says Veronica Finkelstein at WilmU Law.

• How Hantavirus May Expand Cruise Ship Liability Concerns

  

  In an incident like the recent hantavirus outbreak aboard a cruise ship, application of maritime negligence principles may expand beyond environmental exposure considerations to encompass how operators identify, respond to and manage emerging infectious disease risks in real time, says Eric Shane at Leesfield & Partners.