Expert Analysis

• 2nd Circ. OT Ruling Guides On Pay For Off-The-Clock Work

  

  While the Second Circuit’s recent holding in Perry v. City of New York reiterated that the Fair Labor Standards Act obligates employers to pay overtime for off-the-clock work, it recognized circumstances, such as an employee’s failure to report, that allow an employer to disclaim the knowledge element that triggers this obligation, say Robert Whitman and Kyle Winnick at Seyfarth.

• How Zero-Point Offender Change Should Work Retroactively

  

  After the U.S. Sentencing Commission voted to make its new zero-point offender amendment retroactive, counsel should understand several key issues for further advocacy, including arguments for a time-served sentence, to prevent unwarranted sentencing disparities, say attorneys at the Law Offices of Alan Ellis.

• How Zero-Point Offender Change Will Work Prospectively

  

  The U.S. Sentencing Commission’s recent amendment, making defendants with zero criminal history points eligible for reduced sentences, is an important step toward decarceration, and counsel should understand how to effectively advocate for its application going forward, say attorneys at the Law Offices of Alan Ellis.

• Maximizing Law Firm Profitability In Uncertain Times

  

  As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.

• 5th Circ. Ruling Reminds Attys That CBP Can Search Devices

  

  The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.

• The Likable Witness: 6 Personality Archetypes To Cultivate

  

  During pretrial witness preparation sessions, a few key methods can help identify the likable personality type a witness intuitively expresses, which can then be amplified at trial to create an emotional connection with jurors, says Gillian Drake at On Trial Associates.

• Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees

  

  The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.

• The Likable Witness: Key Traits And Psychological Concepts

  

  Though witnesses must appear credible to juries, they should also be likable in order to make an emotional connection, and certain gestural, behavioral and psychological aspects of their testimony can be modified to improve their perceived likability, says Gillian Drake at On Trial Associates.

• How Juror Questions Are Changing Civil Trials In Texas

  

  Jurors in Texas are becoming increasingly involved during civil trials by submitting written questions for the judge or attorneys to ask witnesses — and given this new reality, attorneys must understand best practices for avoiding potential pitfalls at trial and beyond, say Daniella Main and Mia Falzarano at Alston & Bird.

• What Large Language Models Mean For Document Review

  

  Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.

• Tossed FIFA Bribery Convictions May Spur New DOJ Offense

  

  After a New York federal court vacated the bribery convictions of two defendants in the U.S. Department of Justice’s sprawling FIFA probe, prosecutors may continue to pursue foreign commercial corruption through other means, albeit with some limitations, say attorneys at Cleary.

• Series

  Participating In Living History Makes Me A Better Lawyer

  

  My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.

• Opinion

  Private Equity Owners Can Remedy Law Firms' Agency Issues

  

  Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

• Opinion

  Calif. Ruling Got It Wrong On Trial Courts' Gatekeeping Role

  

  Ten years after the California Supreme Court reshaped trial judges’ role in admitting expert opinion testimony, a state appeals court's Bader v. Johnson & Johnson ruling appears to undermine this precedent and will likely create confusion about the scope of trial courts’ gatekeeping responsibility, say Robert Wright and Nicole Hood at Horvitz & Levy.

• How Jan. 6 Riot Cases Could Affect White Collar Defendants

  

  Though the prosecutions of individuals involved in the Jan. 6 attack on the U.S. Capitol deal with fact patterns markedly different from white collar offenses, the emerging case law on what it means to act “corruptly” will likely pose risks and opportunities for white collar defendants and their attorneys, says Ben Jernigan at Zuckerman Spaeder.