Expert Analysis

• Why Appellees Should Write Their Answering Brief First

  

  Though counterintuitive, appellees should consider writing their answering briefs before they’ve ever seen their opponent’s opening brief, as this practice confers numerous benefits related to argument structure, time pressures and workflow, says Joshua Sohn at the U.S. Department of Justice.

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  Mindfulness Meditation Makes Me A Better Lawyer

  

  Mindful meditation enables me to drop the ego, and in helping me to keep sight of what’s important, permits me to learn from the other side and become a reliable counselor, says Roy Wyman at Bass Berry.

• AI Litigation Tools Can Enhance Case Assessment, Strategy

  

  Civil litigators can use artificial intelligence tools to strengthen case assessment and aid in early strategy development, as long as they address the risks and ethical considerations that accompany these uses, say attorneys at Barnes & Thornburg.

• Attys Beware: Generative AI Can Also Hallucinate Metadata

  

  In addition to the well-known problem of AI-generated hallucinations in legal documents, AI tools can also hallucinate metadata — threatening the integrity of discovery, the reliability of evidence and the ability to definitively identify the provenance of electronic documents, say attorneys at Law & Forensics.

• Balancing Reliability, Competition In FERC's Pipeline Proposal

  

  The Federal Energy Regulatory Commission's proposed transparency requirements for interstate natural gas pipelines endeavor to improve electric system reliability but could also unintentionally foster coordination, says Lyle Larson at Balch & Bingham.

• DC Circuit Charts Path On FERC Orders In Loper Bright Era

  

  The D.C. Circuit's recent decision in Solar Energy Industries Association v. Federal Energy Regulatory Commission, upholding the agency's assessment of a power production facility's output, laid out an approach for addressing statutory interpretation in FERC appeals in light of the U.S. Supreme Court's game-changing Loper Bright decision, say attorneys at Bracewell.

• When Atty Ethics Violations Give Rise To Causes Of Action

  

  Though the Model Rules of Professional Conduct make clear that a violation of the rules does not automatically create a cause of action, attorneys should beware of a few scenarios in which they could face lawsuits for ethical lapses, says Brian Faughnan at Faughnan Law.

• What's Changing For Cos. In New Calif. Hazardous Waste Plan

  

  While the latest hazardous waste management plan from California's Department of Toxic Substances Control still awaits final approval, companies can begin aligning internal systems now with the plan's new requirements for environmental justice, waste and disposal reduction, waste criteria, and capacity planning, says Thierry Montoya at Frost Brown.

• Navigating EPA Compliance As Gov't Shutdown Continues

  

  As the federal government shutdown drags on, industries regulated by the U.S. Environmental Protection Agency can expect application and permitting delays, limited guidance from EPA personnel regarding compliance matters, and stalled court proceedings — but there are strategies that can help companies deal with these problems, says Lauren Behan at Goldberg Segalla.

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  Practicing Stoicism Makes Me A Better Lawyer

  

  Practicing Stoicism, by applying reason to ignore my emotions and govern my decisions, has enabled me to approach challenging situations in a structured way, ultimately providing advice singularly devoted to a client's interest, says John Baranello at Moses & Singer.

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  The Biz Court Digest: Texas, One Year In

  

  A year after the Texas Business Court's first decision, it's clear that Texas didn't just copy Delaware and instead built something uniquely its own, combining specialization with constitutional accountability and creating a model that looks forward without losing touch with the state's democratic and statutory roots, says Chris Bankler at Jackson Walker.

• AG Watch: Illinois A Key Player In State-Level Enforcement

  

  Illinois Attorney General Kwame Raoul has systematically strengthened his office to fill federal enforcement gaps, oppose Trump administration mandates and advance state policy objectives, particularly by aggressively pursuing labor-related issues, say attorneys at Troutman.

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  Law School's Missed Lessons: Educating Your Community

  

  Nearly two decades prosecuting scammers and elder fraud taught me that proactively educating the public about the risks they face and the rights they possess is essential to building trust within our communities, empowering otherwise vulnerable citizens and preventing wrongdoers from gaining a foothold, says Roger Handberg at GrayRobinson.

• 5 Crisis Lawyering Skills For An Age Of Uncertainty

  

  As attorneys increasingly face unprecedented and pervasive situations — from prosecutions of law enforcement officials to executive orders targeting law firms — they must develop several essential competencies of effective crisis lawyering, says Ray Brescia at Albany Law School.

• Anticipating FTC's Shift On Unfair Competition Enforcement

  

  As the Federal Trade Commission signals that it will continue to challenge unfair or deceptive acts and practices under Section 5 of the FTC Act, but with higher evidentiary standards, attorneys counseling healthcare, technology, energy or pharmaceuticals clients should note several practice tips, says Thomas Stratmann at George Mason University.