Expert Analysis

• Series

  The Biz Court Digest: Welcome To Miami

  

  After nearly 20 years in operation, the Miami Complex Business Litigation Division is a pioneer upon which other jurisdictions in the state have been modeled, adopting many innovations to keep its cases running more efficiently and staffing experienced judges who are accustomed to hearing business disputes, say attorneys at King & Spalding.

• Navigating The New Patchwork Of Foreign-Influence Laws

  

  On top of existing federal regulations, an expanding wave of state legislation — placing new limits on foreign-funded political spending and new registration requirements for foreign agents — creates a confusing compliance backdrop for corporations that demands careful preplanning, say attorneys at BakerHostetler.

• AI Evidence Rule Tweaks Encourage Judicial Guardrails

  

  Recent additions to a committee note on proposed Rule of Evidence 707 — governing evidence generated by artificial intelligence — seek to mitigate potential dangers that may arise once machine outputs are introduced at trial, encouraging judges to perform critical gatekeeping functions, say attorneys at Lankler Siffert & Wohl.

• Terrorist Label For Maduro Poses New Risks For US Firms

  

  The State Department's recent designation of President Nicolás Maduro, and other Venezuelan government and military officials, as members of a foreign terrorist organization drastically increases the level of caution companies must exercise when doing business in the region to mitigate potential civil, criminal and regulatory risk, say attorneys at Freshfields.

• Series

  The Law Firm Merger Diaries: Getting The Message Across

  

  Communications and brand strategy during a law firm merger represent a crucial thread that runs through every stage of a combination and should include clear messaging, leverage modern marketing tools and embrace the chance to evolve, says Ashley Horne at Womble Bond.

• 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.

• 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.

• 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.

• 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.

• 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.

• Why Justices Must Act To End Freight Broker Liability Split

  

  The Sixth Circuit's recent ruling in Cox v. Total Quality Logistics Inc., affirming states' authority over negligence claims against transportation brokers, deepens an existing circuit split, creating an untenable situation where laws between neighboring states conflict in seven distinct instances — and making U.S. Supreme Court intervention essential, says Steven Saal at Lucosky Brookman.

• Rare Tariff Authority May Boost US Battery Manufacturing

  

  Finalizing preliminary tariffs on active anode material from China — the result of a rare exercise of statutory authority finding that foreign dumping hampered the development of a nascent U.S. industry — should help domestic battery manufacturing, but potential price increases could discourage related clean-energy use, say attorneys at MoloLamken.

• Takeaways From First Resolution After FCPA Pause Was Lifted

  

  The U.S. Department of Justice’s recent deferred prosecution agreement with TIGO Guatemala — its first Foreign Corrupt Practice Act corporate resolution after issuing new guidelines and resuming enforcement — highlights several aspects of the administration’s approach to corporate foreign bribery enforcement, say attorneys at Cleary.

• OFSI Proposals Signal Greater Focus On Enforcement Activity

  

  The Office of Financial Sanctions Implementation’s proposed financial sanctions reforms, with risks of higher penalties and more stringent disclosure requirements for U.K. banks and companies, reflect the agency’s evolution into a more sophisticated and robust enforcement regulator, says Irene Polieri at Gibson Dunn.

• 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.