Legal Ethics

Expert Analysis

• Key Takeaways From Roundup Verdicts So Far

  

  On May 13, a California jury returned a $2 billion verdict against Monsanto in the third trial over allegations that its popular weedkiller Roundup causes cancer. The Roundup trials highlight the importance of issues including punitive damages, celebrity influence and the value of jury exercises, say attorneys at Wiley Rein.

• Q&A

  A Chat With Gilead Sciences Legal Ops Leader Gary Tully

  

  In this monthly series, legal recruiting experts from Major Lindsey & Africa interview legal industry leaders about the increasingly competitive business environment. Here, Rod Osborne talks with Gary Tully, head of legal operations at Gilead Sciences.

• Series

  Why I Became A Lawyer: Completing The Journey Home

  

  My mother's connection to her Native American heritage had a major influence on my career — my decision to enter the legal profession was driven by the desire to return to my tribal community and help it in any way I could, says Jason Hauter of Akin Gump.

• Examining The Evidence On VIX Manipulation

  

  An ongoing multidistrict litigation alleges manipulation of the formula used to determine the settlement price for derivatives based on the Chicago Board Options Exchange’s volatility index. But a review of trading data reveals how reasons other than manipulation can explain trading activity on any given day, say consultants with Analysis Group.

• The Problem With 9th Circ. CFPB Leadership Structure Ruling

  

  In Consumer Financial Protection Bureau v. Seila Law, the Ninth Circuit recently ruled that the CFPB’s single-director structure is constitutional. However, the opinion applies the U.S. Supreme Court's decision in Humphrey’s Executor v. U.S. in a way that ignores that decision's fundamental holding, says Alan Kaplinsky of Ballard Spahr.

• Series

  Judging A Book: Wood Reviews 'The Making Of A Justice'

  

  Retired U.S. Supreme Court Justice John Paul Stevens' new book, "The Making of a Justice," is required reading for anyone interested in 20th and 21st century America, says Seventh Circuit Chief Judge Diane Wood.

• To Guard Against Waiving Privilege, Don't CC The Boss

  

  Argos Holdings v. Wilmington Trust, a recent New York federal court opinion, cautions that attorneys and companies should not simply assume that privileged communications may be shared with a company’s owner or affiliates without waiving attorney-client privilege, even when the company’s and the owner’s interests are completely aligned, say attorneys at Katten Muchin.

• What Gov't Outsourcing Ruling Means For Investigations

  

  A New York federal court's recent decision in U.S. v. Connolly is a warning to prosecutors against outsourcing their investigations to companies and outside counsel, but it should also be used by companies to determine the framework for internal investigations, says Rachel Maimin of Lowenstein Sandler.

• Getting Out Of Legal Project Management Debt

  

  If a client does not demand the application of project management techniques at the start of a matter, or a law firm does not routinely apply them, it is highly likely that additional, avoidable work — legal project management debt — will materialize throughout the matter, says Anthony Widdop of Shearman & Sterling.

• 6 Ways To Keep Your Jury From Zoning Out

  

  Science suggests that at least some jurors pay attention to less than 65% of the evidence during a trial due to "task-unrelated thoughts," but there are steps attorneys can take to present information in a more engaging, cognition-friendly fashion, say Dennis Stolle and Dennis Devine of Barnes & Thornburg.