Expert Analysis

• Ill. Toxic Tort Jurisdiction Law Raises Constitutional Concerns

  

  Illinois' S.B. 328, purporting to broaden state courts' jurisdictional reach over out-of-state corporations, is presented as a measure aimed at facilitating recovery in toxic tort cases, but the legislation raises significant due process and dormant commerce clause issues, say attorneys at Alston & Bird.

• Rebuttal

  BigLaw Settlements Should Not Spur Ethics Deregulation

  

  A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.

• 5 Ways Lawyers Can Earn Back The Public's Trust

  

  Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.

• How To Successfully Challenge Jurors For Cause In 5 Steps

  

  To effectively challenge a potential juror for cause, attorneys should follow a multistep framework rather than skipping straight to the final qualification question, says Ken Broda-Bahm at Persuasion Strategies.

• Opinion

  Furtive Changes To Federal Health Data Threaten Admissibility

  

  A recent study showing that nearly 100 U.S. federal health datasets have been modified this year without any notation in official change logs should concern plaintiffs counsel, defense counsel and judges alike — because undermining data's integrity, authenticity and chain of custody threatens its admissibility in litigation, say attorneys at Kershaw Talley.

• Class Actions At The Circuit Courts: August Lessons

  

  In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses key takeaways from federal appellate decisions involving topics including antitrust, immigration, consumer fraud, birthright citizenship under the Fourteenth Amendment, and product defects.

• Series

  Hiking Makes Me A Better Lawyer

  

  On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.

• Opinion

  Time For Full Disclosure Of Third-Party Funding In MDLs

  

  It is appropriate that the Federal Advisory Committee on Civil Rules is considering a rule to require disclosure of third-party litigation funding in civil litigation — something that is particularly needed in multidistrict litigation, which now comprises more than half of all civil cases in the federal courts, says Eric Hudson at Butler Snow.

• Series

  Law School's Missed Lessons: Negotiation Skills

  

  I took one negotiation course in law school, but most of the techniques I rely on today I learned in practice, where I've discovered that the process is less about tricks or tactics, and more about clarity, preparation and communication, says Grant Schrantz at Haug Barron.

• AG Watch: Texas Embraces The MAHA Movement

  

  Attorneys at Kelley Drye examine Texas Attorney General Ken Paxton's actions related to the federal Make America Healthy Again movement, and how these actions hinge on representations or omissions by the target companies as opposed to specific analyses of the potential health risks.

• Opinion

  Bar Exam Reform Must Expand Beyond A Single Updated Test

  

  Recently released information about the National Conference of Bar Examiners’ new NextGen Uniform Bar Exam highlights why a single test is not ideal for measuring newly licensed lawyers’ competency, demonstrating the need for collaborative development, implementation and reform processes, says Gregory Bordelon at Suffolk University.

• A Simple Way Courts Can Help Attys Avoid AI Hallucinations

  

  As attorneys increasingly rely on generative artificial intelligence for legal research, courts should consider expanding online quality control programs to flag potential hallucinations — permitting counsel to correct mistakes and sparing judges the burden of imposing sanctions, say attorneys at Lankler Siffert & Wohl and Connors.

• DOJ Consumer Branch's End Leaves FDA Litigation Questions

  

  With the dissolution of the U.S. Department of Justice's Consumer Protection Branch set to occur by Sept. 30, companies must carefully monitor how responsibility is reallocated for civil and criminal enforcement cases related to products regulated by the U.S. Food and Drug Administration, say attorneys at Foley & Lardner.

• Asbestos Trusts And Tort Litigation Are Still Not Aligned

  

  A recent ruling by a New York state court in James Petro v. Aerco International highlights the inefficiencies that still exist in asbestos litigation — especially regarding the continued lack of coordination between the asbestos tort system and the well-funded asbestos trust compensation system, says Peter Kelso at Roux.

• Opinion

  Closing The Chemical Safety Board Is A Mistake

  

  The U.S. Chemical Safety and Hazard Investigation Board, which investigates the root causes of major chemical incidents, provides an essential component of worker and community safety and should not be defunded, says Reuben Guttman at Guttman Buschner.