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Expert Analysis
Clarifying A Persistent Misconception About Settlement Talks
An Indiana federal court’s recent Cloudbusters v. Tinsley ruling underscores the often-misunderstood principle that Rule 408 of the Federal Rules of Evidence does not bar parties from referencing prior settlement communications in their pleadings — a critical distinction when such demands further a fraudulent or bad faith scheme, say attorneys at Hanson Bridgett.
Tick, Tock: Maximizing The Clock, Regardless Of Trial Length
Whether a judge grants more or less time for trial than an attorney hoped for, understanding how to strategically leverage the advantages and attenuate the disadvantages of each scenario can pay dividends in juror attentiveness and judicial respect, says Clint Townson at Townson Litigation.
How Policy Differences Affect Recovery From Cyberattacks
Careful attention to policy language and real-world operational realities can mean the difference between a partial and a full recovery after a cyberincident — particularly, how long the insurance policy will cover lost income and extra expenses incurred, and when that period ends, says Scott Godes at Barnes & Thornburg.
Judges On AI: Practical Use Cases In Chambers
U.S. Magistrate Judge Allison Goddard in the Southern District of California discusses how she uses generative artificial intelligence tools in chambers to make work more efficient and effective — from editing jury instructions for clarity to summarizing key documents.
Navigating New Risks Amid Altered Foreign Issuer Landscape
The U.S. Securities and Exchange Commission's potential rulemaking to redefine who qualifies as a foreign private issuer will shape securities regulation and enforcement for decades, affecting not only FPIs and U.S. investors but also the U.S.' position in global capital markets, says Elisha Kobre at Sheppard.
Record FCA Recoveries Signal Intensified Healthcare Focus
In its recently released False Claims Act statistics, the U.S. government's emphasis on record healthcare recoveries and government-initiated healthcare matters last year indicates robust enforcement ahead, though the administration's focus on current policy objectives also extends beyond the healthcare sector, say attorneys at Epstein Becker.
Fed. Circ. In Jan.: On The Validity Of Expert Testimony
The Federal Circuit's recent decision in Barry v. DePuy, addressing whether expert testimony is admissible even if it does not strictly adhere to the court's claim construction, suggests that exclusion via a Daubert motion is appropriate only when the line to improper testimony is clearly crossed, say attorneys at Knobbe Martens.
Clearing US Legal Hurdles To Biz Opportunities In Venezuela
Companies evaluating foreign investment or activity in Venezuela given the U.S. government's recently announced plans to reinvigorate its natural resources should take specific steps to minimize risks connected to interactions with restricted parties given the web of U.S. counterterrorism, anticorruption and sanctions controls, say attorneys at King & Spalding.
Methods For Challenging State Civil Investigative Demands
Ongoing challenges to enforcement actions underscore the uphill battle businesses face in arguing that a state investigation is prohibited by federal law, but when properly deployed, these arguments present a viable strategy to resist civil investigative demands issued by state attorneys general, say attorneys at Troutman Pepper.
How Blockchain Could Streamline Real Estate Transactions
As U.S. real estate markets face pressure to adopt digital frameworks, blockchain technology offers a credible solution for consolidating execution, payment and recording into a single record, with a unified ledger potentially replacing fragmented processes with digitally authenticated events, say attorneys at King & Spalding.
Monetizing EV Charging Stations For Long-Term Success
An electric vehicle charging station's longevity hinges on monetizing operations through diverse revenue streams, contractual documentation of charge point operators' and site hosts' rights and responsibilities, and ensuring reliability and security of facilities, says Levi McAllister at Morgan Lewis.
Emerging Themes In Post-Groff Accommodation Decisions
Nearly three years after the U.S. Supreme Court's seminal decision in Groff v. DeJoy reshaped the legal framework for religious accommodations, lower court decisions and agency guidance have begun to reveal how this heightened standard operates in practice, and the pitfalls for unwary employers, says Helen Jay at Phelps Dunbar.
Reel Justice: 'Sentimental Value' And Witness Anxiety
"Sentimental Value" reminds us that anxiety can interfere with performance, but unlike actors, witnesses cannot rehearse their lines or control the script, so a lawyer's role is not to eliminate stress, but to create conditions where the accuracy of a witness's testimony survives under pressure, says Veronica Finkelstein at Wilmington University.
Mind The Gap: Crafting D&O Straddle Coverage For M&A
A recent Florida federal court decision highlights an often-overlooked risk for those negotiating directors and officers insurance coverage for mergers and acquisitions: the potential for so-called straddle claims, falling in the gap between tail and go-forward coverage, say attorneys at Reed Smith.
Calif.'s Civility Push Shows Why Professionalism Is Vital
The California Bar’s campaign against discourteous behavior by attorneys, including a newly required annual civility oath, reflects a growing concern among states that professionalism in law needs shoring up — and recognizes that maintaining composure even when stressed is key to both succeeding professionally and maintaining faith in the legal system, says Lucy Wang at Hinshaw.
Del. Dispatch: Workplace Sexual Misconduct Liability In Flux
Following the Delaware Court of Chancery's recent contradictory rulings in sexual misconduct cases involving eXp World, Credit Glory and McDonald's, it's now unclear when directors' or officers' fiduciary duties may be implicated in cases of their own or others' sexual misconduct against employees, say attorneys at Fried Frank.
A Potential Shift In FDA's Approach To Drug Trial Design
Recent guidance released by the U.S. Food and Drug Administration clarifying how Bayesian approaches — which combine prior knowledge with new data — may be used in clinical trials reflects the agency's continued interest in innovative trial designs that may accelerate drug approvals, say attorneys at Alston & Bird.
How The Fashion 'Dupe' Economy Is Redefining IP Strategies
Fashion brands' recent experiments with unconventional trademark strategies highlight the growing impact that "dupe" versions of luxury items are having on the fashion market, as well as growing pressure points in trademark and trade dress law, say attorneys at Marshall Gerstein.
US-Ukraine Reconstruction Fund Tax Exemptions Uncertain
Tax provisions in the bilateral agreement to establish the U.S.-Ukraine Reconstruction Investment Fund, which recently announced it is accepting applications, are so broad and imprecise as to leave uncertainty regarding whether and when tax exemptions will apply to investors' income, say attorneys at Avellum and Debevoise.
4th Circ. D&O Ruling Shows Why Textual Policy Args Are Best
The Fourth Circuit's recent decision in favor of the insurer in Navigators Insurance v. Under Armour highlights how plain-text policy interpretation protects party autonomy and improves predictability to the benefit of both insurers and insureds, say attorneys at Zelle.
Locations, Permits And Power Are Key In EV Charger Projects
To ensure the success of public electric vehicle charging infrastructure projects, developers, funders, site hosts and charge point operators must consider a range of factors, including location selection, distribution grid requirements and costs, and permitting and timeline impacts, says Levi McAllister at Morgan Lewis.
Tips For Consumer Finance GCs Navigating AI In Pro Se Suits
There are several avenues for consumer finance in-house counsel to make artificial intelligence use disclosure requirements a standardized tool when facing pro se litigants, including preservation demands and discovery requests to ease friction and root out inaccurate legal representations, says Lee Barrett at Planet Home Lending.
Should Prediction Markets Allow Trading On Nonpublic Info?
Recent trading activity, such as the Polymarket wager on the U.S. capture of Venezuelan President Nicolás Maduro, has raised questions about whether some participants may be engaging in trading that is based on material nonpublic information, and highlights ongoing uncertainty about how existing derivatives and anti-fraud rules apply to event-based contracts, say economic consultants at the Brattle Group.
NLRB May Not See Employer-Friendly Changes Anytime Soon
Despite the long-awaited confirmation of a new National Labor Relations Board general counsel and two new board members, slower case processing, the NLRB's changing priorities and an unofficial rule about a three-member majority may prevent NLRB precedent from swinging in businesses' favor this year, says Jesse Dill at Ogletree.
FCC Satellite Co. Action Starts New Chapter For Team Telecom
The Federal Communications Commission's recent settlement with satellite company Marlink marks a modest but meaningful step forward in how the U.S. regulates foreign involvement in its telecommunications sector, proving "Team Telecom" conditions are not limited to companies with substantial foreign ownership, says attorney Sohan Dasgupta.
Special Series
My Hobby Makes Me A Better Lawyer
From quilting to clowning to raising miniature livestock, attorneys share how their unusual extracurricular activities enhance professional development.
Judges On AI
Do artificial intelligence tools have any practical judicial applications? In this Expert Analysis series, state and federal judges explore potential use cases for AI in adjudication and beyond.
Opinion
SNAP Rule Confusion Risks A Compliance Crisis
Recent Supplemental Nutrition Assistance Program food restriction waivers pose a compliance crisis for legal practitioners advising food retailers, amid higher costs and lack of a coherent national standard, says Tyson-Lord Gray at Yeshiva University’s Benjamin N. Cardozo School of Law.
Bridging The Bench And Bars To Uphold The Rule Of Law
In a moment when the judiciary faces unprecedented partisan attacks and public trust in our courts is fragile, and with the stakes being especially high for mass tort cases, attorneys on both sides of the bench have a responsibility to restore confidence in our justice system, say Bryan Aylstock at Aylstock Witkin and Kiley Grombacher at Bradley/Grombacher.
Access to Justice Perspectives
3 Reforms To Help Pro Se Litigants Tackle Family Court Forms
Self-represented family court litigants must navigate the often-bewildering process of finding, completing and filing the correct form, so courts and policymakers should consider several ways to make the process more accessible, says Caroline Rogus at Drexel University.