Expert Analysis

• Opinion

  Horizontal Stare Decisis Should Not Be Casually Discarded

  

  Eliminating the so-called law of the circuit doctrine — as recently proposed by a Fifth Circuit judge, echoing Justice Neil Gorsuch’s concurrence in Loper Bright — would undermine public confidence in the judiciary’s independence and create costly uncertainty for litigants, says Lawrence Bluestone at Genova Burns.

• 11th Circ. Ruling Stresses Economic Reality In Worker Status

  

  The Eleventh Circuit's recent worker classification decision in Galarza v. One Call Claims, reversing a finding that insurance adjusters were independent contractors, should remind companies to analyze the actual working relationship between a company and a worker, including whether they could be considered economically dependent on the company, say attorneys at Ogletree.

• 10 Commandments For Agentic AI Tools In The Legal Industry

  

  Though agentic artificial intelligence has demonstrated significant promise for optimizing legal work, it presents numerous risks, so specific ethical obligations should be built into the knowledge base of every agentic AI tool used in the legal industry, says Steven Cordero at Akerman LLP.

• Class Actions At The Circuit Courts: December Lessons

  

  In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses recent rulings and identifies practice tips from cases involving securities, takings, automobile insurance, and wage and hour claims.

• 11th Circ.'s 6-Step Review May Be Ripe For Insurer Challenge

  

  In its recent decision in Johnson v. Reliance Standard Life Insurance, the Eleventh Circuit utilized an unwieldy six-step approach to abuse-of-discretion review to find coverage in a disability benefits suit, a standard that creates subtle cognitive bias and that insurers should seek to overturn, says Scott Garosshen at Robinson & Cole.

• Series

  Preaching Makes Me A Better Lawyer

  

  Becoming a Gospel preacher has enhanced my success as a trial lawyer by teaching me the importance of credibility, relatability, persuasiveness and thorough preparation for my congregants, the same skills needed with judges and juries in the courtroom, says Reginald Harris at Stinson.

• How Unchecked AI Exposes Expert Opinions To Exclusion

  

  A growing number of cases illustrate the potential for misuse of artificial intelligence tools by experts in litigation, resulting in reports with hallucinated information or unexplainable analysis, so to embrace the efficiencies AI tools introduce without falling victim to the risks, attorneys and experts should implement a few best practices, say attorneys at Willkie Farr.

• Series

  Law School's Missed Lessons: Practicing Client-Led Litigation

  

  New litigators can better help their corporate clients achieve their overall objectives when they move beyond simply fighting for legal victory to a client-led approach that resolves the legal dispute while balancing the company's competing out-of-court priorities, says Chelsea Ireland at Cohen Ziffer.

• A Close Look At The Evolving Interval Fund Space

  

  Interval funds — closed-end registered investment companies that make periodic repurchase offers — have recently moved to the center of the conversation about retail access to private markets, spurred along by President Donald Trump's August executive order incorporating alternative assets into 401(k) plans and target date strategies, say attorneys at Simpson Thacher.

• A Primer On NYDFS' 3rd-Party Cybersecurity Guidance

  

  The New York Department of Financial Services' recently released comprehensive guidance for registrants on managing cybersecurity risks associated with third-party service providers illustrates why proactive engagement by senior leadership, robust due diligence, strong contractual protections and ongoing oversight are essential to mitigating growing risks, say attorneys at McGuireWoods.

• Series

  The Law Firm Merger Diaries: How To Build On Cultural Fit

  

  Law firm mergers should start with people, then move to strategy: A two-level screening that puts finding a cultural fit at the pinnacle of the process can unearth shared values that are instrumental to deciding to move forward with a combination, says Matthew Madsen at Harrison.

• 'Measure Twice, Cut Once' Also Applies To Builders' Insurance

  

  A New York federal court's recent decision in Ohio Security Insurance v. Southwest Marine and General Insurance, denying additional insured coverage, shows why it's key to apply the caution of "measure twice, cut once" to construction contracts and insurance policy language, say attorneys at Reed Smith.

• Considerations When Invoking The Common-Interest Privilege

  

  To successfully leverage the common-interest doctrine in a multiparty transaction or complex litigation, practitioners should be able to demonstrate that the parties intended for it to apply, that an underlying privilege like attorney-client has attached, and guard against disclosures that could waive privilege and defeat its purpose, say attorneys at DLA Piper.

• 1st Circ. Offers Diversity Jurisdiction Lessons For Assignees

  

  A recent First Circuit opinion in Gore v. SLSCO, dismissing a case after years of litigation, serves as a cautionary tale about what can go wrong if an assignee has not alleged sufficient facts to demonstrate there is complete diversity jurisdiction, says Ray Gauvreau at Robinson & Cole.

• Series

  The Law Firm Merger Diaries: Making The Case To Combine

  

  When making the decision to merge, law firm leaders must factor in strategic alignment, cultural compatibility and leadership commitment in order to build a compelling case for combining firms to achieve shared goals and long-term success, says Kevin McLaughlin at UB Greensfelder.