Expert Analysis

• Ruling On Pollutants And Indemnity Offers Insurers Mixed Bag

  

  Both insurers and policyholders can reap benefits from a Georgia federal court's recent declaratory judgment decision, which broadly defined pollutants, but also deemed the duty to indemnify not yet ripe for adjudication, says Jena Emory at Morris Manning.

• $38M Law Firm Settlement Highlights 'Unworthy Client' Perils

  

  A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.

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  Teaching Business Law Makes Me A Better Lawyer

  

  Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.

• What Disparate Impact Order Means For Insurers' AI Use

  

  A recent executive order seeking to bar disparate impact theory conveys a meaningful policy shift, but does not alter the legal status of federal antidiscrimination law or enforceability of state laws, such as those holding insurers accountable for using artificial intelligence in a nondiscriminatory matter, say attorneys at Eversheds Sutherland.

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  Law School's Missed Lessons: Mastering Discovery

  

  The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.

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  Playing Guitar Makes Me A Better Lawyer

  

  Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.

• Crisis Management Lessons From The Parenting Playbook

  

  The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.

• 4 Ways To Leverage A Jury's Underdog Perceptions

  

  Counsel should consider how common factors that speak to their client's size, power, past challenges and alignment with jurors can be presented to try and paint their client as a sympathetic underdog, says Ken Broda-Bahm at Persuasion Strategies.

• Why Hiring Former Jurors As Consultants Can Be Risky

  

  The defense team's decision to hire former juror Victoria George in the high-profile retrial of Karen Read shines a spotlight on this controversial strategy, which raises important legal, ethical and tactical questions despite not being explicitly prohibited, says Nikoleta Despodova at ND Litigation.

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  Adapting To Private Practice: From NY Fed To BigLaw

  

  While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.

• Calif. Smoke Claim Ruling Gives Insurers Support On Denials

  

  Far from being an outlier among ash, soot and smoke coverage cases, a California appellate court's recent opinion in Gharibian v. Wawanesa General Insurance reinforces the principle that policyholders must establish entitlement to coverage as a threshold matter, while supporting denials of coverage for meritless claims, says Kyle Espinola at Zelle.

• Top 3 Litigation Finance Deal-Killers, And How To Avoid Them

  

  Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.

• How Attys Can Use A Therapy Model To Help Triggered Clients

  

  Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.

• How Attorneys Can Make The Most Of A Deposition Transcript

  

  With recent amendments to federal evidence rules now in effect, it’s more important than ever to make sure that deposition transcripts are clear and precise, and a few key strategies can help attorneys get the most out of a transcript before, during and after a deposition, says Allison Rocker at Baker McKenzie.

• Navigating Florida's Bad Faith Reforms After Appellate Ruling

  

  A Florida appellate court's recent decision is among the first to interpret two significant amendments to the state's insurance bad faith law, and its holding that one of the statutes could not apply retroactively may affect insurers' interpretation of the other statute, say attorneys at Cozen O'Connor.