Expert Analysis

• Series

  Law School's Missed Lessons: Practicing Client-Led Litigation

  

  New litigators can better help their corporate clients achieve their overall objectives when they move beyond simply fighting for legal victory to a client-led approach that resolves the legal dispute while balancing the company's competing out-of-court priorities, says Chelsea Ireland at Cohen Ziffer.

• Series

  The Law Firm Merger Diaries: How To Build On Cultural Fit

  

  Law firm mergers should start with people, then move to strategy: A two-level screening that puts finding a cultural fit at the pinnacle of the process can unearth shared values that are instrumental to deciding to move forward with a combination, says Matthew Madsen at Harrison.

• Why Justices Must Act To End Freight Broker Liability Split

  

  The Sixth Circuit's recent ruling in Cox v. Total Quality Logistics Inc., affirming states' authority over negligence claims against transportation brokers, deepens an existing circuit split, creating an untenable situation where laws between neighboring states conflict in seven distinct instances — and making U.S. Supreme Court intervention essential, says Steven Saal at Lucosky Brookman.

• Considerations When Invoking The Common-Interest Privilege

  

  To successfully leverage the common-interest doctrine in a multiparty transaction or complex litigation, practitioners should be able to demonstrate that the parties intended for it to apply, that an underlying privilege like attorney-client has attached, and guard against disclosures that could waive privilege and defeat its purpose, say attorneys at DLA Piper.

• NBA Gambling Probes Highlight Sports Betting's Broad Risks

  

  Recent NBA gambling scandals illustrate the integrity risks arising from legal sports betting, but organizations, which must navigate a patchwork of state laws, can protect their reputations by drafting and enforcing internal policies to address betting-related risks and complying with league and institutional rules, say attorneys at Littler.

• AG Watch: Ohio's Prediction Market Preemption Battle

  

  Ohio Attorney General Dave Yost is playing a significant part in two cases involving Kalshi before the Third Circuit and the Southern District of Ohio, the latest in a growing string of court battles regarding which regulations govern prediction markets that will have notable consequences on sports gambling nationwide, say attorneys at BakerHostetler.

• How Marsy's Law Has Been Applied In Unexpected Ways

  

  Since Marsy’s Law was first passed in California 17 years ago, 12 states have passed similar laws to protect crime victims’ rights, but recent developments show that it’s being applied in ways that its original proponents may never have anticipated — with implications for all legal practitioners, says Tom Jones at Berk Brettler.

• Series

  The Law Firm Merger Diaries: Making The Case To Combine

  

  When making the decision to merge, law firm leaders must factor in strategic alignment, cultural compatibility and leadership commitment in order to build a compelling case for combining firms to achieve shared goals and long-term success, says Kevin McLaughlin at UB Greensfelder.

• What To Know As Rulings Limit NLRB's Expanded Remedies

  

  Two recent appellate decisions strongly rebuke the National Labor Relations Board's expansion of remedies beyond reinstatement and back pay under Thryv, which compensated employees for all direct or foreseeable pecuniary harms, signaling increased judicial skepticism toward the board's broadened remedial authority, says Shay Billington at CDF Labor.

• Opinion

  Despite Deputy AG Remarks, DOJ Can't Sideline DC Bar

  

  Deputy Attorney General Todd Blanche’s recent suggestion that the D.C. Bar would be prevented from reviewing misconduct complaints about U.S. Department of Justice attorneys runs contrary to federal statutes, local rules and decades of case law, and sends the troubling message that federal prosecutors are subject to different rules, say attorneys at HWG.

• Workers' Comp Ruling May Expand Ohio Employer Liability

  

  The Ohio Supreme Court's recent decision in State ex rel. Berry v. Industrial Commission marks a shift in Ohio workers' compensation law by reducing judicial deference to the Industrial Commission's interpretations of the state's specific safety requirements and potentially expanding employer exposure, say attorneys at Benesch.

• How Store Brand Evolution May Influence IP Cases

  

  A consumer shift toward private-label grocery products has spurred a recent crop of lawsuits, like Smuckers v. Trader Joe's, and parties must be prepared to carefully analyze consumer confusion in the grocery retailing context, as well as expectations and behavior, say Justin LaTorraca, Elizabeth Milsark and Laura O’Laughlin at Analysis Group.

• Rule Amendments Pave Path For A Privilege Claim 'Offensive'

  

  Litigators should consider leveraging forthcoming amendments to the Federal Rules of Civil Procedure, which will require early negotiations of privilege-related discovery claims, by taking an offensive posture toward privilege logs at the outset of discovery, says David Ben-Meir at Ben-Meir Law.

• Series

  My Miniature Livestock Farm Makes Me A Better Lawyer

  

  Raising miniature livestock on my farm, where I am fully present with the animals, is an almost meditative time that allows me to return to work invigorated, ready to juggle numerous responsibilities and motivated to tackle hard issues in new ways, says Ted Kobus at BakerHostetler.

• Litigation Funding Could Create Ethics Issues For Attorneys

  

  A litigation investor’s recent complaint claiming a New York mass torts lawyer effectively ran a Ponzi scheme illustrates how litigation funding arrangements can subject attorneys to legal ethics dilemmas and potential liability, so engagement letters must have very clear terms, says Matthew Feinberg at Goldberg Segalla.