Expert Analysis

• How AI Exec Order May Tee Up Legal Fights With States

  

  The Trump administration's draft executive order would allow it to challenge and withhold federal dollars from states with artificial intelligence laws, but until Congress passes comprehensive AI legislation, states may have to defend their regulatory frameworks in extended litigation, says Charles Mills, a clerk at the U.S. District Court for the Northern District of West Virginia.

• AI Evidence Rule Tweaks Encourage Judicial Guardrails

  

  Recent additions to a committee note on proposed Rule of Evidence 707 — governing evidence generated by artificial intelligence — seek to mitigate potential dangers that may arise once machine outputs are introduced at trial, encouraging judges to perform critical gatekeeping functions, say attorneys at Lankler Siffert & Wohl.

• Series

  The Law Firm Merger Diaries: Getting The Message Across

  

  Communications and brand strategy during a law firm merger represent a crucial thread that runs through every stage of a combination and should include clear messaging, leverage modern marketing tools and embrace the chance to evolve, says Ashley Horne at Womble Bond.

• How High Court Could Upend Campaign Spending Rules

  

  In National Republican Senatorial Committee v. Federal Election Commission, the U.S. Supreme Court will hear arguments about the constitutionality of coordinated party contribution spending caps, and its decision will have immediate practical effects just as the 2026 election gets underway, says Bill Powers at Spencer Fane.

• Steps For Cos. To Comply With Colo. Deceptive Pricing Law

  

  Colorado's newly passed law protecting against deceptive pricing practices will take effect on Jan. 1, broadening the consumer protection framework and standardizing total price disclosure requirements across a variety of industries, and there are several steps businesses can take to comply, say attorneys at Haynes Boone.

• Previewing Justices' Driver Arbitration Exemption Review

  

  The U.S. Supreme Court's forthcoming decision in Flowers Foods v. Brock, addressing whether last-mile delivery drivers are covered by the Federal Arbitration Act's exemption for transportation workers, may require employers to reevaluate the enforceability of arbitration agreements for affected employees, say attorneys at Sullivan & Cromwell.

• Opinion

  Horizontal Stare Decisis Should Not Be Casually Discarded

  

  Eliminating the so-called law of the circuit doctrine — as recently proposed by a Fifth Circuit judge, echoing Justice Neil Gorsuch’s concurrence in Loper Bright — would undermine public confidence in the judiciary’s independence and create costly uncertainty for litigants, says Lawrence Bluestone at Genova Burns.

• 10 Commandments For Agentic AI Tools In The Legal Industry

  

  Though agentic artificial intelligence has demonstrated significant promise for optimizing legal work, it presents numerous risks, so specific ethical obligations should be built into the knowledge base of every agentic AI tool used in the legal industry, says Steven Cordero at Akerman LLP.

• 10th Circ. Decision May Complicate Lending In Colorado

  

  The Tenth Circuit's decision last month in National Association of Industrial Bankers v. Weiser clears the way for interest rate limits on all consumer lending in Colorado, including loans from out-of-state banks, potentially adding new complexities to lending to Colorado residents, say attorneys at Manatt.

• Series

  Preaching Makes Me A Better Lawyer

  

  Becoming a Gospel preacher has enhanced my success as a trial lawyer by teaching me the importance of credibility, relatability, persuasiveness and thorough preparation for my congregants, the same skills needed with judges and juries in the courtroom, says Reginald Harris at Stinson.

• And Now A Word From The Panel: A New Rule For MDLs

  

  With a new federal rule of civil procedure dedicated to multidistrict litigation practice taking effect this month, MDL watchers will be keeping on eye on whether the rule effectively serves its purpose of ensuring that only supportable claims proceed in MDLs, says Alan Rothman at Sidley.

• Series

  Law School's Missed Lessons: Practicing Client-Led Litigation

  

  New litigators can better help their corporate clients achieve their overall objectives when they move beyond simply fighting for legal victory to a client-led approach that resolves the legal dispute while balancing the company's competing out-of-court priorities, says Chelsea Ireland at Cohen Ziffer.

• Series

  The Law Firm Merger Diaries: How To Build On Cultural Fit

  

  Law firm mergers should start with people, then move to strategy: A two-level screening that puts finding a cultural fit at the pinnacle of the process can unearth shared values that are instrumental to deciding to move forward with a combination, says Matthew Madsen at Harrison.

• Latisse Ruling's Lessons On Avoiding Chemical Patent Pitfalls

  

  The Federal Circuit's decision in Duke v. Sandoz, reversing a $39 million infringement claim for selling a generic Latisse product, reinforces a fundamental truth in chemical patent strategy: Broad genus claims rarely survive without clear evidence of possession of specific embodiments, says Kimberly Vines at Stites & Harbison.

• Considerations When Invoking The Common-Interest Privilege

  

  To successfully leverage the common-interest doctrine in a multiparty transaction or complex litigation, practitioners should be able to demonstrate that the parties intended for it to apply, that an underlying privilege like attorney-client has attached, and guard against disclosures that could waive privilege and defeat its purpose, say attorneys at DLA Piper.