Expert Analysis

• Junior Attys Must Beware Of 5 Common Legal Brief Mistakes

  Excerpt from Practical Guidance

  

  Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.

• Assessing Legal, Regulatory Hurdles Of Healthcare Offshoring

  

  The offshoring of administrative, nonclinical functions has emerged as an increasingly attractive option for healthcare companies seeking to reduce costs, but this presents challenges in navigating the web of state restrictions on the access or storage of patient data outside the U.S., say attorneys at McDermott.

• 3rd Circ. Clarifies Ch. 11 3rd-Party Liability Scope Post-Purdue

  

  A recent Third Circuit decision that tort claims against the purchaser of a debtor's business belong to the debtor's bankruptcy estate reinvigorates the use of Chapter 11 for the resolution of nondebtor liability in mass tort bankruptcies following last year's U.S. Supreme Court ruling in Purdue Pharma, say attorneys at Sullivan & Cromwell.

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  Power To The Paralegals: How And Why Training Must Evolve

  

  Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.

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  Playing Softball Makes Me A Better Lawyer

  

  My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.

• And Now A Word From The Panel: Choosing MDL Venues

  

  One of the most interesting yet least predictable facets of the Judicial Panel on Multidistrict Litigation's practice is venue — namely where the panel decides to place a new MDL proceeding — and its choices reflect the tension between neutrality and case-specific factors, says Alan Rothman at Sidley.

• 8 Steps For Industrial Property Buyers To Limit Enviro Liability

  

  Ongoing litigation over the U.S. Environmental Protection Agency’s designation of PFAS as hazardous site contaminants demonstrates the liabilities that industrial property purchasers risk inheriting, but steps to guarantee rigorous environmental compliance, anticipate regulatory change and allocate cleanup responsibilities can mitigate this uncertainty, say attorneys at ArentFox Schiff.

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  Law School's Missed Lessons: Mastering Time Management

  

  Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.

• Courts Keep Upping Standing Ante In ERISA Healthcare Suits

  

  As Article III standing becomes increasingly important in litigation brought by employer-sponsored health plan members under the Employee Retirement Income Security Act, several recent cases suggest that courts are taking a more scrutinizing approach to the standing inquiry in both class actions and individual matters, say attorneys at Crowell & Moring.

• How Hyperlinks Are Changing E-Discovery Responsibilities

  

  A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.

• More NJ Case Law On LLCs Would Aid Attys, Litigants, Biz

  

  More New Jersey court opinions would facilitate the understanding of the nuances of the state's Revised Uniform Limited Liability Company Act, including on breach of the duty of loyalty, oppression, piercing the corporate veil and derivative actions, says Gianfranco Pietrafesa at Archer & Greiner.

• State False Claims Acts Can Help Curb Opioid Fund Fraud

  

  State versions of the federal False Claims Act can play an important role in policing the misuse of opioid settlement funds, taking a cue from the U.S. Department of Justice’s handling of federal fraud cases involving pandemic relief funds, says Kenneth Levine at Stone & Magnanini.

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  Writing Musicals Makes Me A Better Lawyer

  

  My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.

• Diverging FAA Preemption Rulings Underscore Role Of Venue

  

  Two recent rulings evaluating Federal Arbitration Act preemption of state laws — one from the California Supreme Court, upholding the state law, and another from a New York federal court, upholding the arbitration agreement — demonstrate why venue should be a key consideration when seeking to enforce arbitration clauses, say attorneys at Hollingsworth.

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  Adapting To Private Practice: From Va. AUSA To Mid-Law

  

  Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.