Expert Analysis

• Atty-Client Privilege Arguments Give Justices A Moving Target

  

  Recent oral arguments before the U.S. Supreme Court in a case regarding the scope of the attorney-client privilege appeared to raise more questions about multipurpose counsel communications than they answered, as the parties presented shifting iterations of a predictable, easily applied test for evaluating the communications' purpose, say Trey Bourn and Thomas DiStanislao at Butler Snow.

• 5 Gen X Characteristics That Can Boost Legal Leadership

  

  As Generation X attorneys rise to fill top roles in law firms and corporations left by retiring baby boomers, they should embrace generational characteristics that will allow them to become better legal leaders, says Meredith Kahan at Whiteford Taylor.

• 6 Questions For Boutique Firms Considering Mergers

  

  To prepare for discussions with potential merger partners, boutique law firms should first consider the challenges they hope to address with a merger and the qualities they prioritize in possible partner firms, say Howard Cohl and Ron Nye at Major Lindsey.

• 5 Tips For Adding Value To Legal Clients' Experience In 2023

  

  Faced with a potential economic downturn this year, attorneys should look to strengthen client relationships now by focusing on key ways to improve the client experience, starting with a check-in call to discuss client needs and priorities for the coming year, say attorneys at Troutman Pepper.

• 6 Ways To Avoid Compounding Errors When Practicing Law

  

  For lawyers and law firms, inevitable human error can lead to claims of malpractice or ethical violations, but the key is to avoid exacerbating mistakes by adding communication failures, conflicts of interest or insurance coverage losses, says Mark Hinderks at Stinson.

• What Will Keep Legal Talent Professionals Up At Night In 2023

  

  Hybrid work environments, high demand for lateral hires and a potential slowdown of the economy defined 2022 in the always-busy marketplace for legal talent, and as BigLaw looks at the year ahead, there are five major sources of concern for the teams charged with securing and retaining that talent, say advisers at Baretz+Brunelle.

• The Most-Read Legal Industry Law360 Guest Articles Of 2022

  

  A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from the "great resignation" to potential expansion of attorney-client privilege.

• Remote Work: The Top Law360 Guest Articles Of 2022

  

  In 2022, Law360 Expert Analysis writers examined how remote and hybrid work is affecting the legal industry and many areas of law, including employment, cybersecurity, patent venue, immigration and tax.

• The Most-Read IP Law360 Guest Articles Of 2022

  

  IP Law360 guest experts dug into sanctions on Russia, Elizabeth Holmes' trade secret defense, and other key topics including non-fungible tokens, patent examiner classification and inventor testimony in a busy 2022.

• Artificial Intelligence: The Top Law360 Guest Articles Of 2022

  

  This has been a hugely transformative year for artificial intelligence, with rapid advancements in AI capabilities raising a variety of novel legal questions that Law360 Expert Analysis writers explored, including copyright conundrums, murky legal rights and the troubling possibility of deepfake evidence.

• Perspectives

  The Most-Read Access To Justice Law360 Guest Articles Of 2022

  

  Law360 guest experts weighed in on a broad slate of emerging access to justice issues last year, ranging from evidence of ineffective counsel to opportunities for nonlawyers to provide legal help and the presumption of innocence.

• ESG: The Top Law360 Guest Articles Of 2022

  

  This year, as many companies embraced environmental, social and corporate governance strategies, Law360 Expert Analysis discussions revolved around increasing scrutiny from investors, regulators and state attorneys general, and the influx of anti-ESG bills and litigation.

• The Metaverse: The Top Law360 Guest Articles Of 2022

  

  As the metaverse became a popular destination to explore new business opportunities this year, it raised regulatory questions, with Law360 guest experts discussing risk assessments and compliance procedures across various industries, and NFT issues related to intellectual property, privacy and securities law.

• The Most-Read Employment Law360 Guest Articles Of 2022

  

  This year, issues related to noncompetes, no-poach enforcement and abortion access were among the most popular employment law topics in Law360's Expert Analysis section.

• Trial Tips: The Top Law360 Guest Articles Of 2022

  

  Law360 guest experts offered commentary on the high-profile trials of 2022 and highlighted best practices for attorneys, such as key principles for sound closing arguments that win over jurors, strategies to help witnesses stay focused, and how to recognize the most common cognitive distortions that can cripple witnesses' testimony.