Delaware

Expert Analysis

• How Emotionally Intelligent AI Could Assist With E-Discovery

  

  While artificial intelligence has already revolutionized the e-discovery field, the development of emotionally intelligent AI promises to explore data in an even more nuanced and human way, thereby further reducing the burden on legal teams, say Lisa Prowse and Brian Schrader at e-discovery services provider BIA.

• State Net

  States May Slow Spread Of Vehicle Subscription Services

  

  Motor vehicle subscription services — similar to auto leases, except with no long-term commitment, the ability to change vehicles periodically, and insurance and maintenance bundled in — have been embraced by some automakers, insurers and consumers, but face potential roadblocks from state lawmakers and regulators, says Korey Clark of State Net Capitol Journal.

• Rebuttal

  Data Pinpoints Expert Valuation Differences In Del. Appraisals

  

  A recent Law360 guest article called on experts in appraisal proceedings to present valuations closer to deal price, but an examination of 20 cases involving disinterested transactions of public targets indicates this call to action is more apt for petitioner valuations than those of respondents, says Michael Cliff at Analysis Group.

• Preventable Risks Your Law Firm May Be Overlooking

  

  Although most lawyers are well-prepared to defend or justify the value of an insurance claim for clients, often law firms have not clearly identified their own potential liabilities, planned for adequate insurance or established prudent internal risk management practices, says Victor Sordillo at Sompo International.

• 6 Ethics Tips For Attorneys Making Lateral Transfers

  

  With lateral transfers between law firms on the rise, it is more important than ever for partners to understand the steps they must take to adhere to ethics rules and other requirements when making a transition, say attorneys at Harris Wiltshire.

• A Developing Split Over Online Marketplace Product Liability

  

  A pair of recent opinions from the Third and Sixth Circuits suggest that e-commerce intermediaries may be held liable for selling allegedly defective products, but an Arizona federal court's recent opinion in State Farm v. Amazon demonstrates the level of uncertainty that exists on this issue, say Blake Angelino and Benjamin Broadhead at FaegreBD.

• Direct Taxes: The Next Shoe To Drop After Wayfair?

  

  Taxpayers should be alarmed at state efforts to extend the U.S. Supreme Court's Wayfair decision to direct taxes — including gross receipts, income and franchise taxes — despite the apparent protections of federal Public Law 86-272, says Martin Eisenstein of Brann & Isaacson.

• State Net

  Battles Still Rage Over Calif. Data, Worker Classification Laws

  

  California is set to be reshaped soon by two pieces of legislation — one on data privacy, and one on worker classification — but numerous attempts by lawmakers to amend both laws, and the possibility of ballot measures that may further alter them, are clouding the picture, says Rich Ehisen of State Net Capitol Journal.

• Consider The Power Of Tactical Empathy

  

  By employing tactical empathy techniques to understand the interests behind the positions taken by others, attorneys can gain the upper hand in deal negotiations and litigation while still promoting and preserving long-term relationships with opponents, judges and others, say Shermin Kruse of TEDxYouth@Wrigleyville and Ursula Taylor of Strategic Health.

• The Problem — And Opportunity — Of Implicit Bias In The Bar

  

  Law firms are beginning to recognize implicit bias as a problem. But too few recognize that it is also an opportunity to broaden our thinking and become better legal problem solvers, says Daniel Karon of Karon LLC.

• The Latest Carbon Market Developments: Part 2

  

  The Democratic primary debates and a proliferation of bills in Congress make it clear that carbon pricing will be a significant issue in the 2020 U.S. elections — and a host of international pilot programs for carbon emissions credit trading suggest even more interest in the subject abroad, say attorneys with Beveridge & Diamond.

• Series

  Judging A Book: Thapar Reviews Gorsuch's 'A Republic'

  

  U.S. Supreme Court Justice Neil Gorsuch's new book "A Republic, If You Can Keep It" offers hope for our constitutional system through stories of American greatness, and sheds much-needed light on originalism for skeptics, says Sixth Circuit Judge Amul Thapar.

• The Latest Carbon Market Developments: Part 1

  

  Even as the Transportation Climate Initiative, a carbon pricing scheme in the Northeast, has gained momentum, recent developments in Virginia, Washington, Oregon and California have created obstacles for domestic carbon markets, say attorneys at Beveridge & Diamond.

• Defendants’ Chances On Daubert May Vary By Circuit

  

  A survey of recent Daubert decisions shows that the Ninth Circuit reverses district court exclusions of experts nearly half the time, and — unlike numerous other courts — appears to reject the principle that any step that renders an expert’s analysis unreliable makes the expert’s testimony inadmissible, say attorneys with Skadden.

• High Court Could Bring Clarity To Charterers In Oil Spill Case

  

  In the oil spill liability case Citgo Asphalt Refining v. Frescati Shipping, the U.S. Supreme Court has a chance to resolve a circuit split over whether "safe berth" and "safe port" clauses in maritime contracts impose only a due diligence requirement, or strict liability, which would likely result in more uniformity in the chartering industry, says Jordan Asch of Gibbons.