Expert Analysis

• Series

  Adapting To Private Practice: From Texas AUSA To BigLaw

  

  As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.

• Union Interference Lessons From 5th Circ. Apple Ruling

  

  The Fifth Circuit's recent holding that Apple did not violate the National Labor Relations Act during a store's union organizing drive provides guidance on what constitutes coercive interrogation and clarifies how consistently enforced workplace policies may be applied to union literature, say attorneys at Proskauer.

• 3 Rulings Show Hurdles To Proving Market Manipulation Fraud

  

  Three recent conviction reversals from New York federal courts highlight the challenges that prosecutors face in establishing fraud and market manipulation allegations, suggesting that courts are increasingly reluctant to find criminal liability when novel theories are advanced, say attorneys at WilmerHale.

• Advice For 1st-Gen Lawyers Entering The Legal Profession

  

  Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.

• NY Ruling Eases Admission Of Medical Record Evidence

  

  A New York appellate court’s recent ruling in Pillco v. 160 Dikeman clarifies the standard for evaluating accident-related entries from medical records, likely making it easier to admit these statements into evidence at trial, says Shawn Schatzle at Lewis Brisbois.

• 2nd Circ. Ruling Gives Banks Shield From Terrorism Liability

  

  A recent Second Circuit dismissal strengthens the position of international banks facing claims they indirectly helped terrorist organizations and provides clearer guidance on the boundaries of secondary liability, but doesn't provide absolute immunity, say attorneys at Freshfields.

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  Coaching Cheerleading Makes Me A Better Lawyer

  

  At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.

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  Law School's Missed Lessons: How To Make A Deal

  

  Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.

• From Clerkship To Law Firm: 5 Transition Tips For Associates

  Excerpt from Practical Guidance

  

  Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.

• 9 Jury Selection Lessons From The Combs Trial

  

  U.S. District Judge Arun Subramanian’s unusually thorough jury selection process for the trial of Sean Combs offers attorneys and judges a master class in using case-specific juror questionnaires and extended attorney-led voir dire to impanel better juries that produce more just outcomes, say Kevin Homiak at Wheeler Trigg and Leslie Ellis at The Caissa Group.

• NY Bill Would Complicate Labor Law Amid NLRB Uncertainty

  

  The New York Legislature passed a bill that, if enacted, would grant state agencies the power to enforce federal labor law, potentially causing significant challenges for employers as they could be subject to both state and federal regulators depending on the National Labor Relations Board's operational status, say attorneys at Sheppard Mullin.

• Associates Can Earn Credibility By Investing In Relationships

  

  As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.

• New Colo. Teen Privacy Rules Signal National Regulatory Shift

  

  Recently released proposed rule amendments to the Colorado Privacy Act that would create some of the most robust protections for minors' online data in the U.S. reflect an ongoing trend of states taking steps to extend privacy protection for their residents, complicating the compliance burden for companies, say attorneys at Morgan Lewis.

• Traditional Venue Theories May Not Encompass Crypto Fraud

  

  A New York federal court's recent decision in U.S. v. Eisenberg, overturning a jury verdict against a crypto trader on venue deficiencies and insufficient evidence, highlights the challenges of prosecutions in the decentralized finance space, and will no doubt curtail law enforcement's often overly expansive view of jurisdiction and venue, say attorneys at Venable.

• A Shifting Trend In FDA Form 483 Disclosure Obligations

  

  A New York federal court's Checkpoint Therapeutics decision extends a recent streak of dismissals of securities class actions alleging that pharmaceutical companies failed to disclose U.S. Food and Drug Administration Form 483 inspection reports, providing critical guidance for companies during the FDA approval process, say attorneys at Alston & Bird.