Expert Analysis

• Protecting Sensitive Court Filings After Recent Cyber Breach

  

  In the wake of a recent cyberattack on federal courts' Case Management/Electronic Case Files system, civil litigants should consider seeking enhanced protections for sensitive materials filed under seal to mitigate the risk of unauthorized exposure, say attorneys at Redgrave.

• Unleashing LNG And Oil Exports With The Deepwater Port Act

  

  The U.S. Department of Transportation and its Maritime Administration are now poised to use the streamlined licensing process of an existing statutory framework — the Deepwater Port Act — to approve proposed offshore terminals for exporting oil and liquefied natural gas, thus advancing the Trump administration's energy agenda, says Joanne Rotondi at Hogan Lovells.

• Contractor Considerations As Construction Costs Rebound

  

  The U.S. construction industry is navigating rising costs driven by energy and trade policy, which should prompt contractors to review contract structuring, supply chain management and market diversification, among other factors, say attorneys at Cozen O'Connor.

• Why Feds' Criminal Vehicle Tampering Theory Falls Short

  

  In recent years, federal regulators have advanced a novel theory that reprogramming a vehicle's onboard diagnostics system is a crime under the Clean Air Act — but a case now pending in the Ninth Circuit shows that the government's position is questionable for a host of reasons, say attorneys at Arnold & Porter.

• How AI Can Find Environmental Risks Before Regulators Do

  

  By using artificial intelligence to analyze public information that regulators collect but find incredibly challenging to connect across agencies and databases, legal teams can identify risks before widespread health impacts occur, rather than waiting for harm to surface — potentially transforming environmental litigation, says Paul Napoli at Napoli Shkolnik.

• Series

  Judging Figure Skating Makes Me A Better Lawyer

  

  Judging figure skating competitions helps me hone the focus, decisiveness and ability to process complex real-time information I need in court, but more importantly, it makes me reengage with a community and my identity outside of law, which, paradoxically, always brings me back to work feeling restored, says Megan Raymond at Groombridge Wu.

• Looking Beyond Property Damages For Wildfire Survivors

  

  Personal injury attorneys seeking compensation for victims of wildfires like those in Los Angeles County must carefully apply a multidisciplinary approach that looks beyond obvious property loss to the full spectrum of damages, considering factors like emotional distress, disruption of community and the psychological toll of displacement, says Farid Yaghoubtil at Downtown L.A. Law Group.

• What Ethics Rules Say On Atty Discipline For Online Speech

  

  Though law firms are free to discipline employees for their online commentary about Charlie Kirk or other social media activity, saying crude or insensitive things on the internet generally doesn’t subject attorneys to professional discipline under the Model Rules of Professional Conduct, says Stacie H. Rosenzweig at Halling & Cayo.

• Junior Attys Must Beware Of 5 Common Legal Brief Mistakes

  Excerpt from Practical Guidance

  

  Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.

• Opinion

  State AGs, Not Local Officials, Should Lead Public Litigation

  

  Local governments’ public nuisance lawsuits can raise constitutional and jurisdictional challenges, reinforcing the principle that state attorneys general — not municipalities — are best positioned to litigate on behalf of citizens when it is warranted, says former Utah Attorney General John Swallow.

• Expect DOJ To Repeat 4 Themes From 2024's FCPA Trials

  

  As two upcoming Foreign Corrupt Practice Act trials approach, defense counsel should anticipate the U.S. Department of Justice to revive several of the same themes prosecutors leaned on in trials last year to motivate jurors to convict, and build counternarratives to neutralize these arguments, says James Koukios at MoFo.

• Utilizing 6th Circ.'s Expanded Internal Investigation Protection

  

  A recent Sixth Circuit decision in In re: FirstEnergy demonstrates one way that businesses can use a very limited showing to protect internal investigations from discovery in commercial litigation, while those looking to force production will need to employ a carefully calibrated approach, say attorneys at Brownstein Hyatt.

• Series

  Power To The Paralegals: How And Why Training Must Evolve

  

  Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.

• Evaluating The Current State Of Trump's Tariff Deals

  

  As the Trump administration's ambitious tariff effort rolls into its ninth month, and many deals lack the details necessary to provide trade market certainty, attorneys at Adams & Reese examine where things stand.

• Series

  Playing Softball Makes Me A Better Lawyer

  

  My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.