How Mediation Can Lead To Better Environmental Settlements

The Tenth Circuit's recent directive to the parties litigating Denver Water's expansion of the Gross Reservoir and Dam to mediate their dispute is a reminder that mediation in environmental matters can save time and money, and achieve a settlement that helps both sides reach their goals, says Heidi Friedman at Thompson Hine.

4th Circ. Class Ruling Complicates Data Breaches For Biz

The Fourth Circuit’s recent exclusion of data-breach victims from a putative class because their stolen information had not been made public further complicates how businesses should manage risk and incident response amid a growing circuit split over related questions of standing, says Brandon Hollinder at Epiq.

How A 1947 Tugboat Ruling May Shape Work Product In AI Era

Rapid advances in generative artificial intelligence test work-product principles first articulated in the U.S. Supreme Court’s nearly 80-year-old Hickman v. Taylor decision, as courts and ethics bodies confront whether disclosure of attorneys’ AI prompts and outputs would reveal their thought processes, say Larry Silver and Sasha Burton at Langsam Stevens.

Opinion

Faulty Legal Assumptions Obscure Police Self-Defense Law

As illustrated by the public commentary surrounding the shooting of Renee Nicole Good by an immigration agent, lawyers sometimes have mistaken assumptions about the applicability of self-defense when law enforcement officers deploy deadly force, but the governing legal standard is clear, says Markus Funk at White & Case.

2026 Int'l Arbitration Trends: Tariffs Drive Transformation

In 2025, the Trump administration's sweeping tariffs triggered an unprecedented wave of trade-related disputes — and this, along with evolving M&A practices, the challenges of enforcing arbitral awards against sovereign states, and the role of emerging technologies, will continue to drive international arbitration trends this year, say attorneys at Cleary.

Takeaways From 7th Circ.'s Bank Fraud Conviction Reversal

The Seventh Circuit’s recent decision in U.S. v. Robinson, holding that a bank fraud conviction must be grounded in a clear misrepresentation to the financial institution itself, signals that the court will not hesitate to correct substantive errors, even in unpreserved challenges, say attorneys at Quinn Emanuel.

Navigating Privilege Law Patchwork In Dual-Purpose Comms

Three years after the U.S. Supreme Court declined to resolve a circuit split in In re: Grand Jury, federal courts remain split as to when attorney-client privilege applies to dual-purpose legal and business communications, and understanding the fragmented landscape is essential for managing risks, say attorneys at Covington.

AI-Driven Harassment Poses New Risks For Employers

Two recent cases show that deepfakes and other artificial intelligence‑generated content are emerging as a powerful new mechanism for workplace harassment, and employers should take a proactive approach to reduce their liability as AI continues to reshape workplace dynamics, say attorneys at Littler.

9th Circ. Copyright Ruling Highlights Doubts On Intrinsic Test

Two concurring opinions in Sedlik v. Von Drachenberg may mark an inflection point in the Ninth Circuit's substantial-similarity jurisprudence, inviting copyright litigants to reassess strategy as the court potentially shifts away from the intrinsic test, say attorneys at Troutman.

Series

Calif. Banking Brief: All The Notable Legal Updates In Q4

The regulatory and litigation developments for California financial institutions in the fourth quarter of 2025 were incremental but consequential, with the Department of Financial Protection & Innovation relying on public enforcement actions to articulate expectations, and lawmakers and privacy regulators playing a role as well, says Stephen Britt at Stinson.

Series

Fly-Fishing Makes Me A Better Lawyer

Much like skilled attorneys, the best anglers prize preparation, presentation and patience while respecting their adversaries — both human and trout, says Rob Braverman at Braverman Greenspun.

4 Ways GCs Can Manage Growing Service Of Process Volume

As automation and arbitration increase the volume of legal filings, in-house counsel must build scalable service of process systems that strengthen corporate governance and manage risk in real time, says Paul Mathews at Corporation Service Co.

IP Appellate Decisions Show 4 Shifts In 2025

In 2025, intellectual property decisions issued by the Ninth, D.C., and Federal Circuits trended toward tightening doctrinal boundaries, whether to account for technological developments in existing legal regimes, or to refine areas with some ambiguity, says Nate Sabri at Perkins Coie.

Series

The Law Firm Merger Diaries: Forming Measurable Ties

Relationship-building should begin as early as possible in a law firm merger, as intentional pathways to bringing people together drive collaboration, positive client response, engagements and growth, says Amie Colby at Troutman.

Wrangling Over 'Good Faith' In Texas Commodity Contracts

As winter storm season brings fluctuating natural gas prices and ensuing price disputes, parties to gas and other commodity contracts face a question with few answers in Texas case law: how much buyers or sellers can reduce contractual requirements or outputs on a good faith basis, say attorneys at Jackson Walker.