Expert Analysis

• Roundup

  The Most Talked-About Supreme Court Decisions Of 2026

  

  This term, 11 U.S. Supreme Court decisions quickly became hot topics among Law360's guest writers.

• Proof, Not Just Timing, Will Decide Clean Energy Credits

  

  For wind and solar projects that sprinted to begin construction before the accelerated placed-in-service deadline of July 4, project owners must now assemble and maintain documentation to qualify the project and defend against a potential clean energy credit audit, says Peter Lowy at Nelson Mullins.

• New Colo. Retainage Bonds Shift Construction Power Balance

  

  A new Colorado law that can force property owners and developers to accept bonds from contractors in lieu of traditional cash retainage means owners’ practical leverage now derives from administering a risk-transfer mechanism, not from controlling cash, but key questions remain about who may assert a claim and how enforcing a bond actually works, say attorneys at Akerman.

• Series

  Choral Singing Makes Me A Better Lawyer

  

  Singing in the New York City Bar Chorus — a hobby partly inspired by the late U.S. District Judge Richard Owen, who infused my clerkship year with opera music — has improved my legal career by refining my abilities to listen, exude confidence and develop emotional intelligence, says Bonnie Baker at Friedman Kaplan.

• Attorney Mental Health Is An Ethical Obligation In The AI Era

  

  As attorneys cope with the increasing unpredictability that artificial intelligence and constant policy changes have created, particularly in practice areas where they carry the emotional weight of clients’ most consequential life events, otherwise soft discussions about self-care are a matter of professional competence, says attorney Jack Jrada.

• Series

  Power To The Paralegals: Burnout As A Structural Problem

  

  Law firm leadership can best retain their paralegals not by encouraging self-care, but by seeking top-down structural solutions for the quiet proliferation of responsibilities and the vicarious exposure to client trauma that particularly drive burnout in this vital role, says Erika Sneeringer at Brockstedt Mandalas.

• 8 Ways 2026's Market Divide Is Rewriting Real Estate Risk

  

  As construction activity increasingly concentrates in data centers, healthcare and other resilient sectors, real estate developers and their counsel in the second half of 2026 should consider earlier risk allocation and more protective contract terms, and expect greater pressure on labor, pricing and infrastructure, say attorneys at Cozen O'Connor.

• Ill. Law Firm MSO Bill Clashes With Court Power, Ethics Rules

  

  An Illinois bill prohibiting law firms from certain business arrangements with management service organizations, sent to the governor for signature last week, encroaches upon the courts' constitutional powers and goes beyond the Illinois Rules of Professional Conduct in regulating investment in law-related services, says Matthew O’Hara at Smith Gambrell.

• Opinion

  State Courts Must Be Gatekeepers Of Expert Testimony

  

  Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

• Series

  Moshing Makes Me A Better Lawyer

  

  Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

• A Calif. Law May Aid Homeowner Recovery After LA Fires

  

  Reconstruction bottlenecks following the January 2025 Los Angeles wildfires mean that certain homeowners insurance gaps are only now emerging, and for counsel aiding policyholders in recovery, a regulation regarding insurers' replacement cost estimates may be critical to obtaining coverage, say attorneys at Reed Smith.

• Why Highly Specialized Experts May Risk Exclusion At Trial

  

  Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

• How Reserve Studies Fit Into Condo Association Compliance

  

  In the five years since the Surfside condominium collapse and as states like New Jersey establish related safety mandates, reserve planning has emerged as a central compliance concern for community associations, acting as a practical tool for responsible disclosure and managing long-term capital obligations, say attorneys at Dilworth Paxson.

• Drawing A Line Between Settlement Pressure And Extortion

  

  U.S. v. Luo, pending in the U.S. District Court for the Southern District of New York, may force courts to address anew when settlement negotiations become criminal extortion, particularly in the age of easily fabricated digital evidence, says attorney Denis Kiely.

• A Lender's Guide To Fraud: Identifying Risks

  

  The evolving lending landscape, particularly the private credit boom, has heightened lenders' exposure to fraud, but recent bankruptcies demonstrate where fraud risks most commonly materialize and how banks can mitigate exposure at the outset, say attorneys at Moore & Van Allen.