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Expert Analysis

• Reel Justice: 'Mercy' And Private Surveillance As Evidence

  

  The near-future depicted in the film “Mercy” reminds attorneys that private surveillance networks are becoming central to the evidentiary ecosystem, shaping what prosecutors can obtain, what defendants must explain and what jurors may interpret as objective truth, says Veronica Finkelstein at Wilmington University.

• When Trade Secret Litigation And Criminal Law Collide

  

  An increasing convergence of trade secret litigation and white collar defense, especially with several recent criminal prosecutions from the Justice Department, should prompt businesses and counsel to adapt within the overlapping landscapes, says Kenneth Notter at MoloLamken.

• What To Watch At The 2026 ABA Antitrust Spring Meeting

  

  Attorneys at Freshfields consider the future of antitrust law and competition among developments likely to dominate discussion at the American Bar Association's Antitrust Spring Meeting this week.

• Employment Cases Offer Arbitration Clause Drafting Lessons

  

  Two recent federal court decisions granting employers' motions to compel arbitration highlight that companies can improve their chances of avoiding court by approaching arbitration clauses as a series of related drafting choices, anticipating disputes on the arbitral seat, hearing location and governing law, say attorneys at Krevolin Horst.

• Witness AI Usage Is The Next Privilege Battle In Civil Litigation

  

  Fact and expert witnesses now have immediate access to artificial intelligence systems capable of simulating deposition questioning, recommending answers and more, but this preparation occurs privately, invisibly and frequently under the mistaken assumption that it is harmless, says Bill Kanasky at Courtroom Sciences and Billy Davis at Taylor Nelson.

• How 2 Decisions Reframed Witness-Centered Trials

  

  The recent Maryland federal jury verdict in U.S. v. Goldstein and the U.S. Supreme Court decision in Villarreal v. Texas suggest that the traditional paradigm of American civil trial practice, with its emphasis on witness performance and assertive advocacy, may not reflect the ideal approach for the modern courtroom, says Joshua Robbins at Crowell & Moring.

• 7 Employer Tips For Handling Calif. Privacy Risk Assessments

  

  Recent changes to the California Consumer Privacy Act require certain employers to complete detailed risk assessments before handling workforce data in many routine ways, so employers should assess whether previous risk assessments can be reused or combined, assemble a team, and create a plan of action, among other steps, say attorneys at Littler.

• 5 Tips For Navigating Your Firm's All-Attorney Summit

  Excerpt from Practical Guidance

  

  Law firm retreats should be approached strategically, as they present valuable opportunities to advance both the firm's objectives and attorneys' professional development through meaningful participation, building and strengthening internal relationships, and proactive follow-up, says James Argionis at Cozen O’Connor.

• Coaching Soccer Makes Me A Better Lawyer

  

  Coaching youth soccer for my 7-year-old son's team has sharpened how I communicate with clients, prepare witnesses, work within teams and think about leadership, making me a more thoughtful and effective lawyer in many ways, says Joshua Holt at Smith Currie.

• How Internal Reporting Could Benefit Antitrust Whistleblowing

  

  As the Justice Department's new antitrust whistleblower program stands to raise questions over the interaction between rewards and corporate leniency, incentivizing internal reporting first could increase the likelihood that the Antitrust Division receives the high-quality evidence needed to successfully prosecute cartel cases, says Daniel Oakes at Axinn.

• Law School's Missed Lessons: The Human Element

  

  Law school teaches you to quickly apply intellect and logic when handling a legal issue, but every fact pattern also involves a person, making the ability to balance expertise with empathy critical to the growth of relationships with clients, colleagues and adversaries, says Rachel Adcox at Adcox Strategies.

• Employer Strategies For Limiting Data Breach Litigation Risks

  Excerpt from Practical Guidance

  

  Employers must invest in robust cybersecurity and incident response protocols to both prevent data breaches and position themselves favorably in potential litigation, as legal defenses will increasingly rely on demonstrating reasonable security measures, prompt breach notification and transparent response efforts, says Gerald Maatman at Duane Morris.

• What We Know About DOJ's New FCA Enforcement Priorities

  

  Recent remarks from the leader of the Justice Department’s commercial litigation branch provide key insights on how False Claims Act cases — especially healthcare fraud, trade fraud, antidiscrimination and cybersecurity claims — will be evaluated, prioritized and pursued as heightened enforcement becomes the new normal, say attorneys at Latham.