Expert Analysis

• Class Actions At The Circuit Courts: September Lessons

  

  In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses seven decisions pertaining to attorney fees in class action settlements, the predominance requirement in automobile insurance cases, how the no mootness exception applies if the named plaintiff is potentially subject to a strong individual defense, and more.

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  Teaching Trial Advocacy Makes Us Better Lawyers

  

  Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.

• What New CFPB Oversight Limits Would Mean For 4 Markets

  

  As the Consumer Financial Protection Bureau continues to centralize its resources, proposals to alter the definition of larger market participants in the automobile financing, international money transfer, consumer reporting and consumer debt collection markets would reduce the scope of the bureau's oversight, say attorneys at Holland & Knight.

• MIT Bros.' Crypto Charges Provide Fraud Test Case For Gov't

  

  As U.S. v. Peraire-Bueno, involving cryptocurrency fraud charges against brothers who graduated from the Massachusetts Institute of Technology, moves forward after surviving a motion to dismiss, the case provides an early example of how the government might use the federal fraud statutes to regulate decentralized networks, say attorneys at ArentFox Schiff.

• Preparing For DEA Rescheduling Of 2 Research Chemicals

  

  A recent decision to allow the U.S. Drug Enforcement Administration to reclassify two research psychedelics in Schedule I under the Controlled Substances Act may pose significant barriers to scientific study, including stringent registration requirements, heightened security protocols and burdensome reporting obligations, say Kimberly Chew at Husch Blackwell and Jackie von Salm at Psilera.

• 5 Key Steps To Prepare For Oral Arguments

  

  Whether presenting oral arguments before the U.S. Supreme Court or a local county judge, effective preparation includes the same essential ingredients, from organizing arguments in blocks to maximizing the potential of mock exercises, says Allison Rocker at Baker McKenzie.

• As Product Recalls Rise, So Do The Stakes For The Bar

  

  Recent recall announcements affecting over 800,000 Ford vehicles highlight how product recalls have become more frequent, complex and safety-critical than ever, raising key practice questions for counsel, and raising the stakes in product liability litigation, says Ken Fulginiti at Fulginiti Law.

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  Adapting To Private Practice: From Texas AUSA To BigLaw

  

  As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.

• Advice For 1st-Gen Lawyers Entering The Legal Profession

  

  Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.

• High Court E-Cig Ruling Opens Door For FDA Challenges

  

  There will likely be more challenges to marketing denial orders brought before the Fifth Circuit following the Supreme Court's recent ruling in U.S. Food and Drug Administration v. R.J. Reynolds Vapor Co., where litigants have generally had greater success, say attorneys at Troutman Pepper.

• Untangling 'Debanking' Exec Order And Ensuing Challenges

  

  President Donald Trump's recent executive order on the practice of closing or refusing to open accounts for high-risk customers has heightened scrutiny on "debanking," but practical steps can help financial institutions reduce the likelihood of becoming involved in investigations, say attorneys at Winston & Strawn.

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  Coaching Cheerleading Makes Me A Better Lawyer

  

  At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.

• How New Texas Law Targets ESG Proxy Advice

  

  A recently enacted Texas law represents a major shift in how proxy advisory services are regulated in Texas, particularly when recommendations are based on nonfinancial factors like ESG and DEI, but legal challenges underscore the statute’s broader constitutional and statutory implications, say attorneys at Bracewell.

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  Law School's Missed Lessons: How To Make A Deal

  

  Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.

• Annual Report Shows CFIUS Extending Its Reach In 2024

  

  The recently released 2024 annual report from the Committee on Foreign Investment in the United States reveals record civil penalties and enhanced internal capabilities, illustrating expanding jurisdiction and an increasing appetite for enforcement actions, says Nathan Fisher at StoneTurn.