Expert Analysis

• Improving Well-Being In Law, 10 Years After Landmark Study

  

  An important 2016 study revealed significant substance abuse and mental health issues among lawyers, and while the findings helped normalize the conversation around these topics, a decade later, structural change is still needed, says Denise Robinson at PLI.

• PFAS OUT Cannot Replace Broad Drinking Water Protections

  

  The U.S. Environmental Protection Agency's PFAS OUT initiative may help water systems deal with two specific per- and polyfluoroalkyl substances before federal compliance deadlines arrive, but it is no substitute for broader protections the EPA is withdrawing — and in PFAS litigation, that distinction could be important, says David Meldofsky at Lawsuit Informer.

• Initial Virginia AG Actions Signal Focus On Multistate Efforts

  

  Now that Virginia Attorney General Jay Jones has reached the 100-day mark in office, his first set of actions reveals a clear preference for coalition with regional and national counterparts, which means the primary risk for businesses is no longer just the fact of enforcement, but the speed at which investigations can escalate, says Lauren Cooper at Hogan Lovells.

• Reel Justice: 'No Other Choice' And Moral Rationalization

  

  In the satirical thriller "No Other Choice," the main character rationalizes his decision to kill business competitors by creating a narrative of necessity, illustrating for attorneys the dangers of treating strategic litigation decisions as inevitabilities rather than choices, says Veronica Finkelstein at Wilmington University.

• 5 Trial Lessons You Learn By Losing

  

  Exploring insights that are usually gained only after trial loss can expose the gaps between what we intend to communicate and what lands with the fact-finder, including why being right isn't always a win and how winning a cross‑examination can help you lose your case, says Allison Rocker at Baker & McKenzie.

• What Cos. Must Know As Energy Star Shifts To DOE Oversight

  

  Congress saved the Energy Star program last year despite the Trump administration's attempt to defund it — but as its management shifts from one federal agency to another, industry participants need to track what's changing to stay abreast of compliance obligations, say attorneys at HWG.

• GHG Endangerment Finding Repeal Brings New Legal Risks

  

  The U.S. Environmental Protection Agency's 2009 determination that greenhouse gases endanger public health and welfare anchored a matrix of regulation across multiple sectors — and the recent repeal of that finding has fundamentally destabilized the legal landscape governing industrial emissions, corporate liability and climate-related risk management, says Tanya Nesbitt at Thompson Hine.

• 2 New SEC Proposals Represent Welcome Relief For Funds

  

  The U.S. Securities and Exchange Commission's recent proposals to alter requirements under the names rule and Form N-PORT are favorable developments for registered funds due to lessened reporting burdens and added flexibility, and are illustrative of the market-facilitative regulatory posture under Chairman Paul Atkins' leadership, say attorneys at Debevoise.

• PFAS Study Is Wake-Up Call For Pet Food Companies

  

  As standards around per- and polyfluoroalkyl substances continue to evolve, a new study revealing that PFAS have found their way into many brands of pet food is a warning to the industry to reexamine the contents and marketing of their products in the face of increasing regulatory and litigation exposure, say attorneys at MG+M.

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  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.

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  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.

• Legal And Regulatory Keys To Sustainable Building Projects

  

  While the federal government continues to roll back environmental regulations, market momentum toward high-performance, energy-efficient commercial real estate as a defining driver of long-term value remains robust — so developers should understand how applicable standards and regulatory frameworks will affect projects, say attorneys at CGS3.

• 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.

• Calif. Truck Regs Now Require Multiple Compliance Strategies

  

  California's various vehicle and truck emissions programs now move on different legal tracks, impose different obligations and create different business risks on different timelines — so companies that treat them as one package subject to a federal Clean Air Act waiver risk missing deadlines and mispricing contracts, says Thierry Montoya at FBT Gibbons.

• 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.