Expert Analysis

• Defeating Estoppel-Based Claims In Legal Malpractice Actions

  

  State supreme court cases from recent years have addressed whether positions taken by attorneys in an underlying lawsuit can be used against them in a subsequent legal malpractice action, providing a foundation to defeat ex-clients’ estoppel claims, says Christopher Blazejewski at Sherin and Lodgen.

• How Cos. Can Prep For Tightened Calif. Data Breach Notices

  

  Amid California's recent enactment of S.B. 446, which significantly amends the state's data breach notification laws, companies should review and update their incident response plans by establishing processes to document and support any delayed notification, and ensure the notifications' accuracy, say Mark Krotoski and Alexandria Marx at Pillsbury.

• Series

  The Biz Court Digest: How It Works In Massachusetts

  

  Since its founding in 2000, the Massachusetts Business Litigation Session's expertise, procedural flexibility and litigant-friendly case management practices have contributed to the development of a robust body of commercial jurisprudence, say James Donnelly at Mirick O’Connell, Felicia Ellsworth at WilmerHale and Lisa Wood at Foley Hoag.

• Adapting To Calif.'s Enhanced Regulation Of PE In Healthcare

  

  New California legislation enhances oversight on the role of private equity groups and hedge funds in healthcare transactions, featuring both a highly targeted nature and vague language that will require organizations to carefully evaluate existing practices, says Andrew Demetriou at Husch Blackwell.

• Viral 'Brewers Karen' Incident Teaches Employers To Act Fast

  

  An attorney who was terminated after a viral video showed her threatening to call U.S. Immigration and Customs Enforcement on an opposing team's fan at a Milwaukee Brewers game underscores why employers must take prompt action when learning of viral incidents involving employees, says Joseph Myers at Mesidor.

• State Child Privacy Laws May Put More Cos. In FTC's Reach

  

  Starting with Texas in January, several new state laws requiring app stores to share user age-related information with developers will likely subject significantly more companies to the Federal Trade Commission’s child privacy rules, altering their compliance obligations, say attorneys at Womble Bond.

• Why Appellees Should Write Their Answering Brief First

  

  Though counterintuitive, appellees should consider writing their answering briefs before they’ve ever seen their opponent’s opening brief, as this practice confers numerous benefits related to argument structure, time pressures and workflow, says Joshua Sohn at the U.S. Department of Justice.

• Notable Q3 Updates In Insurance Class Actions

  

  The third quarter of 2025 was another eventful quarter for total loss valuation class actions, with a new circuit split developing courtesy of the Sixth Circuit, while insurers continued to see negative results in cost-of-insurance class actions, says Kevin Zimmerman at BakerHostetler.

• What's At Stake In High Court Compassionate Release Case

  

  The U.S. Supreme Court will hear arguments in Fernandez v. U.S. next week about the overlap between motions to vacate and compassionate release, and its ultimate decision could ultimately limit or expand judicial discretion in sentencing, says Zachary Newland at Evergreen Attorneys.

• Series

  Mindfulness Meditation Makes Me A Better Lawyer

  

  Mindful meditation enables me to drop the ego, and in helping me to keep sight of what’s important, permits me to learn from the other side and become a reliable counselor, says Roy Wyman at Bass Berry.

• $233M Disney Deal Shows Gravity Of Local Law Adherence

  

  A California state court recently approved a $233 million settlement for thousands of Disneyland workers who were denied the minimum wage required by a city-level statute, demonstrating that local ordinances can transform historic tax or bond arrangements into wage law triggers, says Meredith Bobber Strauss at Michelman & Robinson.

• Opinion

  Punitive Damages Awards Should Be Limited To 1st Instance

  

  Recent verdicts in different cases against Johnson & Johnson and Monsanto showcase a trend of multiple punitive damages being awarded to different plaintiffs for the same course of conduct by a single defendant, a practice that should be deemed unconstitutional by the U.S. Supreme Court, says Jacob Mihm at Polales Horton.

• How Calif. High Court Is Rethinking Forum Selection Clauses

  

  Two recent cases before the California Supreme Court show that the state is shifting toward greater enforcement of freely negotiated forum selection clauses between sophisticated parties, so litigators need to revisit old assumptions about the breadth of California's public policy exception, says Josh Patashnik at Perkins Coie.

• AI Litigation Tools Can Enhance Case Assessment, Strategy

  

  Civil litigators can use artificial intelligence tools to strengthen case assessment and aid in early strategy development, as long as they address the risks and ethical considerations that accompany these uses, say attorneys at Barnes & Thornburg.

• How Employers Should Reshape AI Use As Laws Evolve

  

  As laws and regulations on the use of artificial intelligence in employment evolve, organizations can maximize the innovative benefits of workplace AI tools and mitigate their risks by following a few key strategies, including designing tools for auditability and piloting them in states with flexible rules, say attorneys at Cooley.