Trials

Expert Analysis

• Opinion

  Congress Should Step In To Solve The Opioid Crisis

  

  Instead of relying on piecemeal litigation to solve the opioid crisis, Congress should utilize data to create a coordinated national solution that would distribute culpability between parties and then allocate funds to affected areas, say Peter Kelso and Kristen Knorn at Roux Associates.

• A Biz Strategy Model To Improve Lateral Atty Hiring Diversity

  

  Quantitative comparison tools commonly used by companies in evaluating merger targets will allow law firms to assess lateral hire candidates in a demographically neutral manner, help remove bias from the hiring process and bring real diversity to the legal profession, says Thomas Latino at Florida State University.

• 5 Steps To Successful Mass Tort Management

  

  When handling mass tort litigation, making strategic preparations before you're swimming in an ocean of data can maximize efficiency and increase the chances of delivering wins for your client, say Ryan Cobbs and Ashley Drumm at Carlton Fields.

• Smaller Firms Need Employee Wellness Programs, Too

  

  As we emerge from the pandemic, small and midsize firms — which offer an ideal setting for companywide connection — should follow in the footsteps of larger organizations and heed the American Bar Association’s recommendations by adopting well-being initiatives and appointing a chief wellness officer, says Janine Pollack at Calcaterra Pollack.

• Opinion

  CFAA And The High Court's Fight Against Overcriminalization

  

  When confronted with a notoriously broad and somewhat out-of-date statute like the Computer Fraud and Abuse Act, it is important for the judiciary to continue to protect defendants from prosecutors' tortured or extreme readings of these criminal laws — and that's what the U.S. Supreme Court did this month in Van Buren v. U.S., say Harry Sandick and Jacob Chefitz at Patterson Belknap.

• Stop Networking, Start Relationship Marketing

  

  USA 500 Clubs' Joe Chatham offers four tips for lawyers to get started with relationship marketing — an approach to business development that prioritizes authentic connections — and explains why it may be more helpful than traditional networking post-pandemic.

• What Attorneys Should Know About Fee Deferral

  

  Milestone Consulting’s John Bair explores contingency-fee structuring considerations for attorneys, laying out the advantages — such as tax benefits and income control — as well as caveats and investment options.

• Predictions On Pandemic's Lasting Impact On Legal Education

  

  The pandemic accelerated the pace of technological change for legal education, and some of the changes to how law school courses are taught and on-campus interviews are conducted may be here to stay, says Leonard Baynes at the University of Houston.

• Lawyer Perfectionism Is A Disease We Can Control

  

  The pursuit of perfection that is prevalent among lawyers can lead to depression, anxiety and other mental health impacts, but new attorneys and industry leaders alike can take four steps to treat this malady, says Liam Montgomery at Williams & Connolly.

• 5 Tips To Help Your 2021 Summer Associates Succeed

  

  Despite pandemic-related challenges this year, law firms can effectively train summer associates on writing and communicating — without investing more time than they ordinarily would, says Julie Schrager at Schiff Hardin.

• Firms Should Use Surveys To Make Smart Legal Tech Choices

  

  The utility of legal technology innovations may be limited without clear data and objectives from the outset, but targeted surveys can provide specific insights that enable law firms to adopt the most appropriate and efficient tech solutions, says Tim Scott at Frogslayer.

• Opinion

  IP Ordinary Observer Test Lacks Consistency And Clarity

  

  The U.S. Supreme Court's test for evaluating design patent infringement through the eyes of an ordinary observer is too subjective and unpredictable due to a dearth of guidance concerning the types of testimony permissible in applying the test, say Alexander Chen and Katja Grosch at InHouse Co. Law Firm.

• Rover Pipeline Case Shows Risks Of Project Abandonment

  

  The case of U.S. Pipeline v. Rover Pipeline, decided recently by a Texas court, demonstrates for contractors that walking away from an ongoing project because of a contract dispute can come with an enterprise-threatening level of risk, says A.J. Ferate at Spencer Fane.

• Rebuttal

  There Is No 'Junk Science' Epidemic In Consumer Litigation

  

  While corporations and tort reform groups seek to discredit plaintiffs' evidence as "junk science," as seen in a recent Law360 guest article, expert testimony standards apply to both sides of the aisle, and there is no evidence that junk is supplanting justice in consumer litigation, says Leigh O'Dell at Beasley Allen.

• Don't Forget Due Diligence In Race For Lateral Associate Hires

  

  Amid high demand for associates and aggressive competition to attract talent, law firms should take three key steps to conduct meaningful prehire due diligence and safeguard against lateral hiring mistakes that can hurt their revenue and reputation, says Michael Ellenhorn at Decipher.