Expert Analysis

• E-Discovery Quarterly: Rulings On Custodian Selection

  

  Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.

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  Exercising On My Peloton Bike Makes Me A Better Lawyer

  

  While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.

• Reviewing The High Court's Approach To Free Speech Online

  

  As the U.S. Supreme Court began addressing the interplay between the First Amendment and online social media platforms, its three opinions from last term show the justices adopting a nuanced approach that recognizes that private citizens, public employees and online platforms all have First Amendment rights, say attorneys at Jenner & Block.

• Exploring Venue Strategy For Trump-Era Regulatory Litigation

  

  Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.

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  Playing Esports Makes Me A Better Lawyer

  

  Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.

• Identifying Deepfakes During Evidence Collection, Discovery

  Excerpt from Practical Guidance

  

  Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.

• An Associate's Guide To Career Development In 2025

  

  As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.

• This Year's Insights On Attorney Well-Being

  

  With the legal industry increasingly grappling with attorney burnout, depression, anxiety, stress and substance use disorders, Law360 guest experts proposed solutions this year ranging from mental health first aid training to exercises that build flexible optimism.

• New Strategies For Enhancing Firm Culture

  

  How can law firms work toward retaining legal talent and meeting business goals? This year, Law360 guest commentary dove into tips like embracing cognitive diversity and conducting so-called stay interviews.

• The Latest Legal Writing Tips

  

  In 2024, Law360 guest experts provided advice for improving many kinds of legal writing — explaining how attorneys can use syllogistic reasoning, emulate master chefs, and clean up drafts produced by generative artificial intelligence tools.

• 2024 Pointers On Persuading Jurors

  

  In a year where nuclear verdicts continued to proliferate, Law360 guest commentary focused on how trial attorneys can better select and connect with jurors, offering strategies for identifying anti-corporate sentiments and tactics to land one’s closing argument.

• Associate Issues In The 2024 Spotlight

  

  Law360 guest writers provided insights on a range of issues affecting associates this year, from the challenges of training new lawyers in the era of artificial intelligence, to nonfinancial factors that junior attorneys should consider before accepting a job offer.

• AI Questions: The Top Guest Articles Of 2024

  

  As the legal discourse surrounding artificial intelligence shifted from theoretical to concrete this year, guest commentary focused on the proliferation of new AI-related litigation, enforcement actions and best practices, while tracking the judiciary’s experimentation with generative AI.

• ESG And DEI: The Top Guest Articles Of 2024

  

  In their commentary on ESG and DEI topics this year, Law360 guest authors discussed Project 2025’s potential impact, the rise of greenwashing litigation, strategies for fostering employee retention amid a shaky regulatory landscape, and more.

• Election Impact: The Top Guest Articles Of 2024

  

  Donald Trump's election win initiated a deluge of predictions for the incoming administration, with Law360 guest writers covering key policy areas such as immigration, tax, energy, labor and competition, plus potential congressional themes and investigations.