Expert Analysis

• Nimitz Patent Fight Offers Peek Behind NPE Liability Curtain

  

  Nimitz's patent assertion campaign against BuzzFeed and others inadvertently provides unprecedented insight into how nonpracticing entities shield themselves from penalties of bad faith litigation, reminding litigants to consider pressing for disclosure of entities that control a litigation but aren't the named plaintiff, says Aakash Patel at Flaster Greenberg.

• Atty Conflict Discussions In Idaho Murder Case And Beyond

  

  A public defender's representation of the accused University of Idaho murderer after prior representation of a victim's parent doesn't constitute a violation of conflict of interest rules, but the case prompts ethical questions about navigating client conflicts in small-town criminal defense and big-city corporate law alike, say Hilary Gerzhoy and Charles Loeser at HWG.

• Opinion

  Dobbs Leak Highlights Need For High Court Ethics Code

  

  While a recent investigation failed to identify who leaked the U.S. Supreme Court draft opinion in Dobbs v. Jackson Women’s Health Organization, the situation underscores the need for the justices to bind themselves to the same ethics rules that constrain other federal judges, says Scott Gerber at Ohio Northern University.

• Why The Original 'Rocket Docket' Will Likely Resume Its Pace

  

  Though the Eastern District of Virginia, for decades the fastest federal trial court in the country, experienced significant pandemic-related slowdowns, several factors unique to the district suggest that it will soon return to its speedy pace, say Dabney Carr and Robert Angle at Troutman Pepper.

• Crypto Coverage After FTX Fall: Crime And Custody Coverage

  

  Cryptocurrency firm FTX's recent implosion provides a case study for potential crypto exposure under traditional insurance policies, and suggests carriers should ask some basic underwriting questions, including whether a company engages in transactions involving cryptocurrencies or holds digital assets in custody, says Anjali Das at Wilson Elser.

• The Discipline George Santos Would Face If He Were A Lawyer

  

  Rep. George Santos, who has become a national punchline for his alleged lies, hasn't faced many consequences yet, but if he were a lawyer, even his nonwork behavior would be regulated by the American Bar Association's Model Rules of Professional Conduct, and violations in the past have led to sanctions and even disbarment, says Mark Hinderks at Stinson.

• Why FERC's Proposed Duty Of Candor Rule Is Problematic

  

  The Federal Energy Regulatory Commission is considering adopting a new regulation that would prohibit the submission of any inaccurate or false information when communicating with the agency, which would raise significant due process and First Amendment concerns, say attorneys at Skadden.

• A Litigation Move That Could Conserve Discovery Resources

  

  Bennett Rawicki at Hilgers Graben proposes the preliminary legal opinion procedure — seeking a court's opinion on a disputed legal standard at the outset, rather than the close, of discovery — as a useful resource-preservation tool for legally complex, discovery-intensive litigation.

• Litigators Should Approach AI Tools With Caution

  

  Artificial intelligence tools like ChatGPT hold potential to streamline various aspects of the litigation process, resulting in improved efficiency and outcomes, but should be carefully double-checked for confidentiality, plagiarism and accuracy concerns, say Zachary Foster and Melanie Kalmanson at Quarles & Brady.

• Crypto Coverage After FTX Fall: Accountant And Atty Liability

  

  The recent fall of cryptocurrency firm FTX highlights complexities regarding accounting and tax reporting for digital assets, and reveals lawyers’ potential liability exposure when providing services to crypto firms — as a result, insurers may face unintended vulnerabilities related to this nebulous landscape, say Anjali Das and Farzana Ahmed at Wilson Elser.

• Thorny Legal Issues Surround NY Prosecutor's Trump Tell-All

  

  As the Manhattan district attorney's office empanels a grand jury in its ongoing Donald Trump investigation, it is seeking to pause publication of a book by former prosecutor Mark Pomerantz that focuses on Trump's indictment — an unusual situation that raises issues of prejudice, contractual responsibility and legal ethics, says John Harris at Frankfurt Kurnit.

• 5 Ways Attorneys Can Use Emotion In Client Pitches

  

  Lawyers are skilled at using their high emotional intelligence to build rapport with clients, so when planning your next pitch, consider how you can create some emotional peaks, personal connections and moments of magic that might help you stick in prospective clients' minds and seal the deal, says consultant Diana Kander.

• 5 Keys To A Productive Mediation

  Excerpt from Practical Guidance

  

  Cortney Young at ADR Partners discusses factors that can help to foster success in mediation, including scheduling, preparation, managing client expectations and more.

• Evaluating The Legal Ethics Of A ChatGPT-Authored Motion

  

  Aimee Furness and Sam Mallick at Haynes Boone asked ChatGPT to draft a motion to dismiss, and then scrutinized the resulting work product in light of attorneys' ethical and professional responsibility obligations.

• Jan. 6 Panel Transcripts Highlight Attorney Ethics Issues

  

  Recently released transcripts of Cassidy Hutchinson’s testimony to the U.S. House Jan. 6 committee demonstrate that there is always a lurking conflict when someone other than the client is paying the fee, and that disclosure must therefore be painstaking and extensive, says Steven Lubet at Northwestern University.