Expert Analysis

• Spoliation Of Evidence Is A Risky And Shortsighted Strategy

  

  Destroying self-incriminating evidence to avoid a large judgment may seem like an attractive option to some defendants, but it is a shortsighted strategy that affords the nonspoliating party potentially case-terminating remedies, and support for a direct assault on the spoliator’s credibility, say attorneys at Mandelbaum Barrett.

• In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable

  

  The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.

• How Attorneys Can Become Change Agents For Racial Equity

  

  As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.

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  Running Marathons Makes Me A Better Lawyer

  

  After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.

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  Law School's Missed Lessons: Supporting A Trial Team

  

  While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.

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  Adapting To Private Practice: From US Attorney To BigLaw

  

  When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.

• 2nd Circ. Limits VPPA Liability, But Caveats Remain

  

  The Second Circuit's narrowed scope of the Video Privacy Protection Act in Solomon v. Flipps Media, in which the court adopted the ordinary person standard, will help shield businesses from VPPA liability, but the decision hardly provides a free pass to streamers and digital media companies utilizing website pixels, say attorneys at Frankfurt Kurnit.

• The Ins And Outs Of Consensual Judicial References

  

  As parties consider the possibility of judicial reference to resolve complex disputes, it is critical to understand how the process works, why it's gaining traction, and why carefully crafted agreements make all the difference, say attorneys at Pillsbury.

• Opinion

  The BigLaw Settlements Are About Risk, Not Profit

  

  The nine Am Law 100 firms that settled with the Trump administration likely did so because of the personal risk faced by equity partners in today's billion‑dollar national practices, enabled by an ethics rule primed for modernization, says Adam Forest at Scale.

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  Brazilian Jiujitsu Makes Me A Better Lawyer

  

  Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.

• AG Watch: Texas Expands Use Of Consumer Protection Laws

  

  In recent years under Attorney General Ken Paxton, Texas has demonstrated the breadth of its public interest authority by bringing actions in areas not traditionally associated with consumer protection law, including recent actions involving sports and public safety, say attorneys at Kelley Drye.

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  Power To The Paralegals: An Untapped Source For Biz Roles

  

  Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.

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  Playing Poker Makes Me A Better Lawyer

  

  Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.

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  Law School's Missed Lessons: Becoming A Firmwide MVP

  

  Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.

• Patenting AI And Machine Learning In The Wake Of Recentive

  

  Though the Federal Circuit's recent decision in Recentive Analytics v. Fox Corp. initially appears to doom patents related to artificial intelligence and machine learning, a closer look shows that strategies for successfully drafting and prosecuting such patents offer hope despite increased pushback from the U.S. Patent and Trademark Office, say attorneys at Banner Witcoff.