Personal Injury & Medical Malpractice

Expert Analysis

• 4 Legal Industry Trends Litigation Financiers Are Watching

  

  Some recent litigation developments demonstrate efforts by law firms and their clients to search for opportunities in the COVID-19 economic fallout, while others — such as the rise of contingency fee arrangements — reflect acceleration of tendencies that were already underway, says William Weisman at Therium Capital.

• New Fla. Summary Judgment Rule Will Deter Forum Shopping

  

  The Florida Supreme Court's recent amendment of the state's summary judgment standard to align it with that of the federal courts and most other states will improve judicial efficiency, reduce the cost and uncertainty of litigation, and help prevent forum shopping by plaintiffs with dubious claims, say Walter Latimer and Guy Noa at Fowler White.

• A Lawyer's Guide To Setting Well-Being Goals In 2021

  

  In the face of rising client demands due to the pandemic and the changing regulatory environment, and with remote work continuing for the foreseeable future, lawyers should invest in their well-being by establishing inspiring yet realistic goals for 2021 — one month at a time, says Krista Larson at Morgan Lewis.

• Keyword Searches To Improve Your Privilege Doc Review

  

  "Confidential" and other search terms commonly used to locate privileged documents during e-discovery are pretty ineffective, so practitioners should consider including specific types of keywords that are demonstrably better at targeting privilege, say Robert Keeling at Sidley and Rishi Chhatwal at AT&T.

• ABA Approves Remote Practice, But Questions Remain

  

  Lawyers working remotely during the pandemic while physically outside the jurisdictions in which they are licensed will find some comfort in a recent American Bar Association opinion sanctioning such practice, but there is ambiguity regarding the contours of what's allowed, say attorneys at Harris Wiltshire.

• Keys To Creating Standout Law Firm Thought Leadership

  

  Whether geared toward a global audience or a particular client, a law firm's articles, blog posts and client alerts should strive to be original by harnessing a few editorial tools and following the right distribution sequence, say Steven Andersen and Tal Donahue at Infinite Global.

• Perspectives

  Judges On Race: The Power Of Discretion In Criminal Justice

  

  Judges should take into consideration the several points of law enforcement and prosecutorial discretion — from traffic stops to charging decisions and sentencing recommendations — that often lead to race-based disparate treatment before a criminal defendant even reaches the courthouse, say Judge Juan Villaseñor and Laurel Quinto at Colorado's Eighth Judicial District Court.

• 5 Major Drug And Medical Device Developments In 2020

  

  In addition to the increased activity and scrutiny COVID-19 brought to the drug and device industries in 2020, major developments included the continued momentum of snap removal and renewed U.S. Supreme Court interest in the scope of state courts' jurisdiction, say attorneys at Faegre Drinker.

• 5 Attorney Business Development Tips For The New Year

  

  Lawyers should remember that the basics of interpersonal relationships have not changed despite the completely virtual environment caused by the pandemic, and should leverage the new year as an excuse to connect with clients in several ways, say Megan Senese and Courtney Hudson at Pillsbury.

• Minimizing Disruption To Clients During Law Firm IT Upgrades

  

  For law firms planning overhauls in their information technology infrastructures in light of hard lessons learned from pandemic-era transition to remote work, there are five ways to ensure even the biggest tech upgrade has minimal impact on client service, says Brad Paubel at Lexicon.

• Opinion

  Vetoed Pa. Bill Offered COVID-19 Liability Relief State Needs

  

  Pennsylvania's H.B. 1737, though criticized by the plaintiffs bar and vetoed by Gov. Tom Wolf, would have offered targeted, tailored and temporary safe harbor protections for businesses, health care providers and other organizations facing unique liability challenges caused by the COVID-19 pandemic, says Curt Schroder at the Pennsylvania Coalition for Civil Justice Reform.

• Tips For Drafting Effective Amicus Briefs

  

  Careful construction of an amicus brief's essential elements — including the table of contents, which determines whether a brief gets studied or skimmed — and the order in which they are crafted are key to maximizing a party's hoped-for impact on a case before the U.S. Supreme Court or other appellate courts, say Mark Chopko and Karl Myers at Stradley Ronon.

• 5 Trends That Will Influence E-Discovery In 2021

  

  Changes in the way people work and communicate — which the pandemic has accelerated — will continue to bring new e-discovery challenges and shifts in data recovery this year, says Brian Schrader at Business Intelligence Associates.

• How Relationship Partners Can Draft Winning RFP Responses

  

  With law firms likely to see longtime clients roll out requests for proposal amid cost-cutting strategies this year, relationship partners can ensure they don't lose their clients by taking five critical actions during the response process, says Matthew Prinn at RFP Advisory.

• Law Firm Merger Predictions For 2021

  

  After a brief break in the multiyear streak of increasing law firm mergers, 2021 seems poised for a return to normal, with acquisitions involving small firms — those with under 400 lawyers — likely to dominate, says Peter Zeughauser at Zeughauser Group.