Expert Analysis

• SDNY OpenAI Order Clarifies Preservation Standards For AI

  

  The Southern District of New York’s recent order in the OpenAI copyright infringement litigation, denying discovery of The New York Times' artificial intelligence technology use, clarifies that traditional preservation benchmarks apply to AI content, relieving organizations from using a “keep everything” approach, says Philip Favro at Favro Law.

• In NY, Long COVID (Tolling) Still Applies

  

  A series of pandemic-era executive orders in New York tolling state statutes of limitations for 228 days mean that many causes of action that appear time-barred on their face may continue to apply, including in federal practice, for the foreseeable future, say attorneys at Sher Tremonte.

• Opinion

  High Court, Not A Single Justice, Should Decide On Recusal

  

  As public trust in the U.S. Supreme Court continues to decline, the court should adopt a collegial framework in which all justices decide questions of recusal together — a reform that respects both judicial independence and due process for litigants, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.

• Series

  Traveling Solo Makes Me A Better Lawyer

  

  Traveling by myself has taught me to assess risk, understand tone and stay calm in high-pressure situations, which are not only useful life skills, but the foundation of how I support my clients, says Lacey Gutierrez at Group Five Legal.

• Series

  Law School's Missed Lessons: Client Service

  

  Law school teaches you how to interpret the law, but it doesn't teach you some of the key ways to keeping clients satisfied, lessons that I've learned in the most unexpected of places: a book on how to be a butler, says Gregory Ramos at Armstrong Teasdale.

• Why Justices Seem Inclined To Curtail Del. Affidavit Statute

  

  After recent oral argument before the U.S. Supreme Court in Berk v. Choy — asking whether Delaware's affidavit-of-merit statute applies in federal diversity actions, or whether the Federal Rules of Civil Procedure displace the state requirement — it appears the court is poised to simplify the standard approach, says Eric Weitz of The Weitz Law Firm.

• Series

  Adapting To Private Practice: 3 Tips On Finding The Right Job

  

  After 23 years as a state and federal prosecutor, when I contemplated moving to a law firm, practicing solo or going in-house, I found there's a critical first step — deep self-reflection on what you truly want to do and where your strengths lie, says Rachael Jones at McKool Smith.

• What 2 Recent Rulings Mean For Trafficking Liability Coverage

  

  Two recent federal district court decisions add to a growing number of courts concluding that Trafficking Victims Protection Reauthorization Act claims may trigger coverage under commercial general liability policies, rejecting insurer arguments regarding public policy and exclusion defenses, says Joe Cole at Shumaker.

• Series

  Painting Makes Me A Better Lawyer

  

  Painting trains me to see both the fine detail and the whole composition at once, enabling me to identify friction points while keeping sight of a client's bigger vision, but the most significant lesson I've brought to my legal work has been the value of originality, says Jana Gouchev at Gouchev Law.

• Understanding And Managing Jurors' Hindsight Bias

  

  Hindsight bias — wherein events seem more predictable after the fact than they were beforehand — presents a persistent cognitive distortion in jury decision-making, but attorneys can mitigate its effects at trial through awareness, repetition and framing, say consultants at Courtroom Sciences.

• Protecting Sensitive Court Filings After Recent Cyber Breach

  

  In the wake of a recent cyberattack on federal courts' Case Management/Electronic Case Files system, civil litigants should consider seeking enhanced protections for sensitive materials filed under seal to mitigate the risk of unauthorized exposure, say attorneys at Redgrave.

• New Calif. Chatbot Bill May Make AI Assistants Into Liabilities

  

  While a pending California bill aims to regulate emotionally engaging chatbots that target children, its definition of "companion chatbot" may cover more ground — potentially capturing virtual assistants used for customer service or tech support, and creating serious legal exposure for businesses, say attorneys at Crowell & Moring.

• Series

  Judging Figure Skating Makes Me A Better Lawyer

  

  Judging figure skating competitions helps me hone the focus, decisiveness and ability to process complex real-time information I need in court, but more importantly, it makes me reengage with a community and my identity outside of law, which, paradoxically, always brings me back to work feeling restored, says Megan Raymond at Groombridge Wu.

• Looking Beyond Property Damages For Wildfire Survivors

  

  Personal injury attorneys seeking compensation for victims of wildfires like those in Los Angeles County must carefully apply a multidisciplinary approach that looks beyond obvious property loss to the full spectrum of damages, considering factors like emotional distress, disruption of community and the psychological toll of displacement, says Farid Yaghoubtil at Downtown L.A. Law Group.

• What Ethics Rules Say On Atty Discipline For Online Speech

  

  Though law firms are free to discipline employees for their online commentary about Charlie Kirk or other social media activity, saying crude or insensitive things on the internet generally doesn’t subject attorneys to professional discipline under the Model Rules of Professional Conduct, says Stacie H. Rosenzweig at Halling & Cayo.