Expert Analysis

• Navigating The New Wave Of Voluntary Benefit ERISA Suits

  

  Four recent complaints claiming that employees pay unreasonable premiums for voluntary benefit programs contribute to a trend in Employee Retirement Income Security Act class actions targeting employers and benefits consultants over such programs, increasing scrutiny of how the programs are selected, priced and administered, say attorneys at Holland & Knight.

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  Law School's Missed Lessons: How To Start A Law Firm

  

  Launching and sustaining a law firm requires skills most law schools don't teach, but every lawyer should understand a few core principles that can make the leap calculated rather than reckless, says Sam Katz at Athlaw.

• Key False Claims Act Trends From The Last Year

  

  The False Claims Act remains a powerful enforcement tool after some record verdicts and settlements in 2025, and while traditional fraud areas remain a priority, new initiatives are raising questions about its expanding application, says Veronica Nannis at Joseph Greenwald.

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  Hosting Exchange Students Makes Me A Better Lawyer

  

  Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.

• 5 Action Steps For Employers Facing 27 Pay Periods In 2026

  

  In 2026, some employers may have 27 pay periods, instead of the usual 26, which can cause budgeting and compliance headaches, particularly for salaried employees, but there is still time to develop a strategy to avoid payroll compliance problems, say attorneys at Fisher Phillips.

• 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.

• 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.

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  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.

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  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.

• Del. Dispatch: What Tesla Decision Means For Exec Comp

  

  The recent Delaware Supreme Court decision granting Tesla CEO Elon Musk his full pay, now valued at $139 billion, following a yearslong battle appears to reject the view that supersized compensation may be inherently unfair to a corporation and its shareholders, say attorneys at Fried Frank.

• 5 E-Discovery Predictions For 2026 And Beyond

  

  2026 will likely be shaped by issues ranging from artificial intelligence regulatory turbulence to potential evidence rule changes, and e-discovery professionals will need to understand how to effectively guide the responsible and defensible adoption of emerging tools, while also ensuring effective safeguards, say attorneys at Littler.

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  Judges On AI: How Courts Can Boost Access To Justice

  

  Arizona Court of Appeals Judge Samuel A. Thumma writes that generative artificial intelligence tools offer a profound opportunity to enhance access to justice and engender public confidence in courts’ use of technology, and judges can seize this opportunity in five key ways.

• Opinion

  The Case For Emulating, Not Dividing, The Ninth Circuit

  

  Champions for improved judicial administration should reject the unfounded criticisms driving recent Senate proposals to divide the Ninth Circuit and instead seek to replicate the court's unique strengths and successes, says Ninth Circuit Judge J. Clifford Wallace.

• ERISA Litigation Trends To Watch With 2025 In The Rearview

  

  There were significant developments in Employee Retirement Income Security Act litigation in 2025, including plaintiffs pushing the bounds of sponsor and fiduciary liability and defendants scoring district court wins, and although the types of claims might change, ERISA litigation will likely be just as active in 2026, say attorneys at Groom Law.