Expert Analysis

• How IPR Estoppel Ruling May Clash With PTAB Landscape

  

  Though the Federal Circuit's narrowing of inter partes review estoppel in Ingenico v. Ioengine might encourage more petitions, tougher standards for discretionary denial established by the U.S. Patent and Trademark Office could be a counterbalancing factor, say attorneys at Troutman Pepper.

• Texas Ruling Emphasizes Limits Of Franchisors' Liability

  

  The Texas Supreme Court's recent ruling in Massage Heights Franchising v. Hagman, holding that a franchisor was not liable to a customer for the actions of a franchisee's employee, helps clarify the relative roles and responsibilities of the parties in such situations — and the limits of franchisors' duty of care, say attorneys at Polsinelli.

• How AI May Reshape The Future Of Adjudication

  

  As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.

• When Legal Advocacy Crosses The Line Into Incivility

  

  As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.

• Opinion

  NJ Should Align With Federal Rule On Expert Testimony

  

  The time is right to amend Rule 702 of the New Jersey Rules of Evidence to align it with the recently amended Rule 702 of the Federal Rules of Evidence and clarify the standard for admissibility of expert testimony, says Timothy Freeman at Tanenbaum Keale.

• 3 Corporate Deposition Prep Tips To Counter 'Reptile' Tactics

  

  With plaintiffs counsel’s rising use of reptile strategies that seek to activate jurors' survival instincts, corporate deponents face an increased risk of being lulled into providing testimony that undercuts a key defense or sets up the plaintiff's case strategy at trial, making it important to consider factors like cross-examination and timing, say attorneys at Dentons.

• Series

  Volunteering At Schools Makes Me A Better Lawyer

  

  Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.

• Attacks On Judicial Independence Tend To Manifest In 3 Ways

  

  Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.

• Statistics Tools Chart A Path For AI Use In Expert Testimony

  

  To avoid the fate of numerous expert witnesses whose testimony was recently deemed inadmissible by courts, experts relying on artificial intelligence and machine learning should learn from statistical tools’ road to judicial acceptance, say directors at Secretariat.

• Series

  Law School's Missed Lessons: Appreciating Civil Procedure

  

  If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.

• Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use

  

  The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.

• 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.

• State AGs' Focus On Single-Firm Conduct Is Gaining Traction

  

  Despite changes in administration, both federal antitrust agencies and state attorneys general have shown a trending interest in prosecuting monopolization cases involving single-firm conduct, with federal and state legislative initiatives encouraging and assisting states’ aggressive posture, says Steve Vieux at Bartko Pavia.

• White Collar Archetypes: Molding Your 'Great Gatsby' Ally

  

  To ensure their witnesses effectively perform the role of ally and earn jurors’ trust at trial, white collar attorneys can glean a few lessons from the narrator of “The Great Gatsby,” whose credibility with readers arises in part from his perspective as both an insider and an outsider, say attorneys at Lightfoot Franklin.

• 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.