Expert Analysis

• Series

  Officiating Football Makes Me A Better Lawyer

  

  Though they may seem to have little in common, officiating football has sharpened many of the same skills that define effective lawyering in management-side labor and employment: preparation, judgment, composure, credibility and ability to make difficult decisions in real time, says Josh Nadreau at Fisher Phillips.

• How College Sports EO Raises Stakes, Casts Uncertainty

  

  The effectiveness of President Donald Trump's recent executive order urging national action to "save" college sports depends on NCAA implementation and judicial tolerance, neither of which is certain, so college athletics will remain governed by an unstable balance between executive pressure and judicial authority until Congress acts, say attorneys at Manatt.

• Prediction Market Platform Probes Merit Strategic Responses

  

  As the battle over the regulation of prediction markets is being waged between states and the federal government, investigations into insider trading allegations are increasingly originating from inside the exchanges themselves, creating obvious risks for market participants — as well as opportunities, say attorneys at Kobre & Kim.

• Series

  Law School's Missed Lessons: How To Draft Pleadings

  

  Most law school graduates step into their first jobs without ever having drafted a complaint, answer, motion or other type of pleading, but that gap can be closed by understanding the strategy embedded in every filing, writing with clarity and purpose, and seeking feedback at every step, says Eric Yakaitis at Haug Barron.

• E-Discovery Quarterly: Recent Rulings On ESI Control

  

  Several recent federal court decisions have perpetuated a split over what constitutes “control” of electronically stored information — with judges divided on whether the standard should turn on a party's legal right or practical ability to obtain the information, say attorneys at Sidley.

• 2 Discovery Rulings Break With Heppner On AI Privilege Issue

  

  While a New York federal court’s recent ruling in U.S. v. Heppner suggests that some litigants’ communications with AI tools are discoverable, two other recent federal court decisions demonstrate that such interactions generally qualify for work-product protection under the Federal Rules of Civil Procedure, says Joshua Dunn at Brown Rudnick.

• Series

  Isshin-Ryu Karate Makes Me A Better Lawyer

  

  My involvement in martial arts, specifically Isshin-ryu, which has principles rooted in the eight codes of karate, has been one of the most foundational in the development of my personality, and particularly my approach to challenges — including in my practice of law, says Kaitlyn Stone at Barnes & Thornburg.

• CFTC Chair's Speech Hints At Innovation-Friendly Policies

  

  Remarks made by Commodity Futures Trading Commission Chair Michael Selig at the Futures Industry Association's conference last month provided the most comprehensive articulation of his regulatory agenda and signaled a shift in the CFTC's regulatory posture, including a rare focus on agency coordination and support for digital asset innovation, say attorneys at Willkie.

• Decoding Arbitral Disputes: Tracing Paths To Award Recovery

  

  Recent subpoenas to Adidas and Hilton deployed in Blasket Renewables v. Spain, pending in D.C. federal court, show arbitration award recovery to be a disciplined exercise in constructing visibility, applying pressure and sequencing procedural advantage, says Josep Galvez at 4-5 Gray's Inn Square.

• 5 Key Questions Attys Should Ask About Statistical Analyses

  

  Even attorneys without a background in statistics can effectively vet the general concepts of a statistical analysis by asking targeted questions and can thereby reinforce the credibility and relevance of expert testimony — or expose its weaknesses, say Katrina Schydlower and Christopher Cunio at Hunton and Kevin Cahill at FTI Consulting.

• CFTC Actions Show Prediction Market Insider Trading Risks

  

  It is a myth that insider trading law does not apply in prediction markets, as the U.S. Commodity Futures Trading Commission's recent enforcement actions illustrate that it has full authority to pursue such cases federally — and intends to, says attorney Gregg Goldfarb.

• Opinion

  State Bars Need To Get Specific About AI Confidentiality

  

  Lawyers need to put actual client information into artificial intelligence tools to get their full value, but they cannot confidently do so until state bars offer clear, formal authority on which plan tiers of the three most popular generative AI tools are safe to use when sharing specific client details, says attorney Nick Berk.

• Opinion

  Futures Market Anonymity Now Presents A Structural Problem

  

  Following anomalous trading on prediction markets just before major recent policy announcements from the Trump administration, many have called on Congress to act, but the problem is not primarily a statutory gap — it is a structural one, built into the self-regulatory model that governs futures exchanges, says Tamara de Silva at De Silva Law Offices.

• Series

  Alpine Skiing Makes Me A Better Lawyer

  

  Skiing has shaped habits I rely on daily as an attorney — focus, resilience and the ability to remain steady when circumstances shift rapidly — and influences the way I approach legal strategy, client counseling and teamwork, says Isaku Begert at Marshall Gerstein.

• What A Court Doc Audit Reveals About Erroneous Filings

  

  My audit of 1,522 court documents from last month found that over 95% contained at least one verifiable error, with fewer than 1% showing clear indicators of artificial intelligence use — highlighting above all else that lawyers may want to focus most on strengthening their review processes, says Elliott Ash at ETH Zurich.