Expert Analysis

• Lessons From 7th Circ. Decision Affirming $183M FCA Verdict

  

  The Seventh Circuit's decision to uphold a $183 million False Claims Act award against Eli Lilly engages substantively with recurring materiality and scienter questions and provides insights into appellate review of complex trial court judgments, say Ellen London at London & Naor, Li Yu at Bernstein Litowitz and Kimberly Friday at Osborn Maledon.

• AI Litigation Tools Can Enhance Case Assessment, Strategy

  

  Civil litigators can use artificial intelligence tools to strengthen case assessment and aid in early strategy development, as long as they address the risks and ethical considerations that accompany these uses, say attorneys at Barnes & Thornburg.

• Attys Beware: Generative AI Can Also Hallucinate Metadata

  

  In addition to the well-known problem of AI-generated hallucinations in legal documents, AI tools can also hallucinate metadata — threatening the integrity of discovery, the reliability of evidence and the ability to definitively identify the provenance of electronic documents, say attorneys at Law & Forensics.

• How 9th Circ. Ruling Deepens SEC Disgorgement Circuit Split

  

  The Ninth Circuit's recent decision in U.S. Securities and Exchange Commission v. Sripetch creates opposing disgorgement rules in the two circuits where the SEC brings a large proportion of enforcement actions — the Second and Ninth — and increases the likelihood that the U.S. Supreme Court will step in, say attorneys at Cahill Gordon.

• DOJ Faces Potential Discovery Pitfalls In Comey Prosecution

  

  The unusual circumstances surrounding the prosecution of former FBI Director James Comey increase the odds of a discovery misstep for the U.S. Department of Justice, offering important reminders for defense counsel on how to ensure the government fulfills its obligations, says Kenneth Notter at MoloLamken.

• When Atty Ethics Violations Give Rise To Causes Of Action

  

  Though the Model Rules of Professional Conduct make clear that a violation of the rules does not automatically create a cause of action, attorneys should beware of a few scenarios in which they could face lawsuits for ethical lapses, says Brian Faughnan at Faughnan Law.

• A Shift To Semiannual Reporting May Reshape Litigation Risk

  

  While the U.S. Securities and Exchange Commission's proposed change from quarterly to semiannual reporting may reduce the volume of formal filings, it wouldn't reduce litigation risk, instead shifting it into less predictable terrain — where informal disclosures, timing ambiguities and broader materiality debates will dominate, says Pavithra Kumar at Advanced Analytical Consulting Group.

• How Gov't May Use FARA To Target 'Domestic Terrorism'

  

  After the Trump administration’s recent memo directing law enforcement to use the Foreign Agents Registration Act to prosecute domestic terrorism, nonprofit organizations receiving funding from foreign sources must assess their registration obligations under the statute, say attorneys at Pillsbury.

• How Novel Del. Ruling Tackled Crypto Jurisdiction

  

  As courts grapple with cryptocurrency's borderless nature, the Delaware Court of Chancery's recent decision in Timoria v. Anis highlights the delicate balance between territorial jurisdiction and due process, and reinforces the need for practitioners to develop sophisticated, multijurisdictional approaches to digital asset disputes, say attorneys at Holland & Knight.

• 10 Quick Tips To Elevate Your Evidence Presentation At Trial

  

  A strong piece of evidence, whether in the form of testimony or exhibit, is wasted if not presented effectively, so attorneys must prepare with precision to help fact-finders both retain the information and internalize its significance, says Allison Rocker at Baker McKenzie.

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  Practicing Stoicism Makes Me A Better Lawyer

  

  Practicing Stoicism, by applying reason to ignore my emotions and govern my decisions, has enabled me to approach challenging situations in a structured way, ultimately providing advice singularly devoted to a client's interest, says John Baranello at Moses & Singer.

• Adapting To Enforcement Focus On Wound Care Fraud

  

  As federal agencies target wound care industry fraud as a top enforcement priority, attorneys advising industry stakeholders should evaluate business relationships for Anti-Kickback Statute violations, emphasize appropriate product use and documentation, and use internal data analytics to monitor billing patterns, say David Tarras at Tarras Defense and Jay McCormack at Verrill Dana.

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  The Biz Court Digest: Texas, One Year In

  

  A year after the Texas Business Court's first decision, it's clear that Texas didn't just copy Delaware and instead built something uniquely its own, combining specialization with constitutional accountability and creating a model that looks forward without losing touch with the state's democratic and statutory roots, says Chris Bankler at Jackson Walker.

• Border Czar Bribery Probe Spotlights 'Public Official' Scope

  

  Reports that border czar Tom Homan allegedly accepted cash from a federal agent prior to his appointment raise important questions for government contractors about when a private citizen can be prosecuted as a public official under federal bribery laws, say Gregory Rosen at Rogers Joseph and Jason Manning at Levy Firestone.

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  Law School's Missed Lessons: Educating Your Community

  

  Nearly two decades prosecuting scammers and elder fraud taught me that proactively educating the public about the risks they face and the rights they possess is essential to building trust within our communities, empowering otherwise vulnerable citizens and preventing wrongdoers from gaining a foothold, says Roger Handberg at GrayRobinson.