Series

Officiating Football Makes Me A Better Lawyer

Though they may seem to have little in common, officiating football has sharpened many of the same skills that define effective lawyering in management-side labor and employment: preparation, judgment, composure, credibility and ability to make difficult decisions in real time, says Josh Nadreau at Fisher Phillips.

Prediction Market Platform Probes Merit Strategic Responses

As the battle over the regulation of prediction markets is being waged between states and the federal government, investigations into insider trading allegations are increasingly originating from inside the exchanges themselves, creating obvious risks for market participants — as well as opportunities, say attorneys at Kobre & Kim.

Series

Law School's Missed Lessons: How To Draft Pleadings

Most law school graduates step into their first jobs without ever having drafted a complaint, answer, motion or other type of pleading, but that gap can be closed by understanding the strategy embedded in every filing, writing with clarity and purpose, and seeking feedback at every step, says Eric Yakaitis at Haug Barron.

E-Discovery Quarterly: Recent Rulings On ESI Control

Several recent federal court decisions have perpetuated a split over what constitutes “control” of electronically stored information — with judges divided on whether the standard should turn on a party's legal right or practical ability to obtain the information, say attorneys at Sidley.

Del. Ruling Shows Power Of Postclose Governance Provisions

After the Delaware Court of Chancery reinstated a target company's CEO as part of the equitable remedy in Fortis Advisors v. Krafton, deal parties should emphasize the importance of postclosing governance provisions to earnout economics, knowing that they will have to live with these provisions for the duration of the earnout period, say attorneys at Sidley.

2 Discovery Rulings Break With Heppner On AI Privilege Issue

While a New York federal court’s recent ruling in U.S. v. Heppner suggests that some litigants’ communications with AI tools are discoverable, two other recent federal court decisions demonstrate that such interactions generally qualify for work-product protection under the Federal Rules of Civil Procedure, says Joshua Dunn at Brown Rudnick.

Series

Isshin-Ryu Karate Makes Me A Better Lawyer

My involvement in martial arts, specifically Isshin-ryu, which has principles rooted in the eight codes of karate, has been one of the most foundational in the development of my personality, and particularly my approach to challenges — including in my practice of law, says Kaitlyn Stone at Barnes & Thornburg.

CFTC Actions Show Prediction Market Insider Trading Risks

It is a myth that insider trading law does not apply in prediction markets, as the U.S. Commodity Futures Trading Commission's recent enforcement actions illustrate that it has full authority to pursue such cases federally — and intends to, says attorney Gregg Goldfarb.

Prepping For White House's Proposed AI Framework

The artificial intelligence legislative framework issued by the White House last month reframes the policy landscape, creating a number of near-term developments for companies to track as congressional committees attempt to convert the framework into legislative text, say attorneys at Morgan Lewis.

Opinion

State Bars Need To Get Specific About AI Confidentiality

Lawyers need to put actual client information into artificial intelligence tools to get their full value, but they cannot confidently do so until state bars offer clear, formal authority on which plan tiers of the three most popular generative AI tools are safe to use when sharing specific client details, says attorney Nick Berk.

Opinion

Judicial Restraint Anchors Constitutional Order

Contrasting opinions in two recent U.S. Supreme Court rulings — Trump v. CASA and Bost v. Illinois State Board of Elections — demonstrate how the judiciary’s constitutionally entrusted role can easily be preserved or disrupted, and invite renewed attention to the enduring importance of judicial restraint, says Ninth Circuit Judge J. Clifford Wallace.

Series

Alpine Skiing Makes Me A Better Lawyer

Skiing has shaped habits I rely on daily as an attorney — focus, resilience and the ability to remain steady when circumstances shift rapidly — and influences the way I approach legal strategy, client counseling and teamwork, says Isaku Begert at Marshall Gerstein.

2 Rulings Poke Holes In Mandatory Restitution Framework

The U.S. Supreme Court’s recent ruling in Ellingburg v. U.S., as well as the Third Circuit’s recent ruling in U.S. v. Abrams, provide criminal defense practitioners with new tools to challenge Mandatory Victims Restitution Act orders, and highlight several restitution-related issues that converged in the recent prosecution of former Frank CEO Charlie Javice, say attorneys at Lankler Siffert & Wohl.

PTAB Memo Recenters Discretion On US Manufacturing

Read alongside recent Federal Circuit decisions, U.S. Patent and Trademark Office Director John Squires' memo on patent denial considerations emphasizes domestic manufacturing in a way that the International Trade Commission does not require, says Brandon Theiss at Volpe Koenig.

What A Court Doc Audit Reveals About Erroneous Filings

My audit of 1,522 court documents from last month found that over 95% contained at least one verifiable error, with fewer than 1% showing clear indicators of artificial intelligence use — highlighting above all else that lawyers may want to focus most on strengthening their review processes, says Elliott Ash at ETH Zurich.