Expert Analysis

• SDNY OpenAI Order Clarifies Preservation Standards For AI

  

  The Southern District of New York’s recent order in the OpenAI copyright infringement litigation, denying discovery of The New York Times' artificial intelligence technology use, clarifies that traditional preservation benchmarks apply to AI content, relieving organizations from using a “keep everything” approach, says Philip Favro at Favro Law.

• What's At Stake In Justices' Merits Hearing Of FTC Firing

  

  In December, the U.S. Supreme Court will review President Donald Trump's firing of Democratic Federal Trade Commissioner Rebecca Slaughter, a decision that will implicate a 90-year-old precedent and, depending on its breadth, could have profound implications for presidential authority over independent agencies, say attorneys at Holland & Knight.

• 4 Strategies To Ensure Courts Calculate Restitution Correctly

  

  Recent reversals of restitution orders across the federal appeals courts indicate that some lower courts are misapplying fundamental restitution principles, so defense attorneys should consider a few ways to vigilantly press these issues with the sentencing judge, says Wesley Gorman at Comber Miller.

• In NY, Long COVID (Tolling) Still Applies

  

  A series of pandemic-era executive orders in New York tolling state statutes of limitations for 228 days mean that many causes of action that appear time-barred on their face may continue to apply, including in federal practice, for the foreseeable future, say attorneys at Sher Tremonte.

• Opinion

  High Court, Not A Single Justice, Should Decide On Recusal

  

  As public trust in the U.S. Supreme Court continues to decline, the court should adopt a collegial framework in which all justices decide questions of recusal together — a reform that respects both judicial independence and due process for litigants, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.

• Reel Justice: 'One Battle After Another' And The Limits Of Zeal

  

  The political thriller “One Battle After Another,” following a former revolutionary who became a recluse, offers a potent metaphor for attorneys on diligence and the ethical boundaries of zealous advocacy, says Veronica Finkelstein at Wilmington University School of Law.

• Series

  Traveling Solo Makes Me A Better Lawyer

  

  Traveling by myself has taught me to assess risk, understand tone and stay calm in high-pressure situations, which are not only useful life skills, but the foundation of how I support my clients, says Lacey Gutierrez at Group Five Legal.

• 6th Circ. FirstEnergy Ruling Protects Key Legal Privileges

  

  The Sixth Circuit’s recent grant of mandamus relief in In re: First Energy Corp. confirms that the attorney-client privilege and work-product protections apply to internal investigation materials, ultimately advancing the public interest, say attorneys at Cooley.

• Series

  Law School's Missed Lessons: Client Service

  

  Law school teaches you how to interpret the law, but it doesn't teach you some of the key ways to keeping clients satisfied, lessons that I've learned in the most unexpected of places: a book on how to be a butler, says Gregory Ramos at Armstrong Teasdale.

• What Justices' Bowe Ruling Could Mean For Federal Prisoners

  

  Bowe v. U.S. — set for oral argument before the U.S. Supreme Court on Oct. 14 — presents the high court with two consequential questions about the Anti-Terrorism and Effective Death Penalty Act's successive-petition regime that will be immediately relevant to federal postconviction practice, says attorney Elizabeth Franklin-Best.

• Series

  Adapting To Private Practice: 3 Tips On Finding The Right Job

  

  After 23 years as a state and federal prosecutor, when I contemplated moving to a law firm, practicing solo or going in-house, I found there's a critical first step — deep self-reflection on what you truly want to do and where your strengths lie, says Rachael Jones at McKool Smith.

• Justices May Decide Whether Restitution Is A Punishment

  

  Forthcoming oral argument before the U.S. Supreme Court in Ellingburg v. U.S. will focus on whether criminal restitution qualifies as criminal punishment under the U.S. Constitution — a key question as restitution has expanded in reach and severity, while providing little meaningful compensation for victims, says Lula Hagos at George Washington University Law School.

• Series

  Painting Makes Me A Better Lawyer

  

  Painting trains me to see both the fine detail and the whole composition at once, enabling me to identify friction points while keeping sight of a client's bigger vision, but the most significant lesson I've brought to my legal work has been the value of originality, says Jana Gouchev at Gouchev Law.

• Courts Are Still Grappling With McDonnell, 9 Years Later

  

  The Seventh and D.C. Circuits’ recent decisions in U.S. v. Weiss and U.S. v. Paitsel, respectively, demonstrate that courts are still struggling to apply the U.S. Supreme Court’s 2016 ruling in McDonnell v. U.S., which narrowed the scope of “official acts” in federal bribery cases, say attorneys at Quinn Emanuel.

• Understanding And Managing Jurors' Hindsight Bias

  

  Hindsight bias — wherein events seem more predictable after the fact than they were beforehand — presents a persistent cognitive distortion in jury decision-making, but attorneys can mitigate its effects at trial through awareness, repetition and framing, say consultants at Courtroom Sciences.