Expert Analysis

• Empathy In Mediation Offers A Soft Landing For Disputes

  

  Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.

• Series

  Being An Artist Makes Me A Better Lawyer

  

  My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.

• Consider The Impact Of Election Stress On Potential Jurors

  

  For at least the next few months, potential jurors may be working through anger and distrust stemming from the presidential election, and trial attorneys will need to assess whether those jurors are able to leave their political concerns at the door, says Ken Broda-Bahm at Persuasion Strategies.

• How Judiciary Can Minimize AI Risks In Secondary Sources

  

  Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.

• Newly Acquired Information Can Be Key In Drug Label Cases

  

  The question of whether federal law preempts state law claims is often central in pharmaceutical labeling cases, like the Fosamax litigation now before the Third Circuit — but parties must also consider whether there is newly acquired information to justify submitting a proposed labeling change in the first place, say attorneys at Arnold & Porter.

• How Attorneys Can Break Free From Career Enmeshment

  

  Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.

• Lawyers With Disabilities Are Seeking Equity, Not Pity

  

  Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.

• Opinion

  Judicial Committee Best Venue For Litigation Funding Rules

  

  The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.

• Fluoride Ruling Charts Path To Bypass EPA Risk Evaluations

  

  A California federal court's recent ruling in Food and Water Watch v. U.S. Environmental Protection Agency, ordering the agency to address the public health risks of fluoridated drinking water, establishes a road map for other citizen petitioners to bypass the EPA's formal risk evaluation process, say attorneys at Wiley.

• The Strategic Advantages Of Appointing A Law Firm CEO

  

  The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.

• 7 Tips To Help Your Witness Be A Cross-Exam Heavyweight

  

  Because jurors tend to pay a little more attention to cross-examination, attorneys should train their witnesses to strike a balance — making it tough for opposing counsel to make their side’s case, without coming across as difficult to the jury, says Ken Broda-Bahm at Persuasion Strategies.

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  Beekeeping Makes Me A Better Lawyer

  

  The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

• Useful Product Doctrine May Not Shield Against PFAS Liability

  

  Courts have recognized that companies transferring hazardous recycled materials can defeat liability under environmental laws by showing they were selling a useful product — but new laws in California and elsewhere restricting the sale of per- and polyfluoroalkyl substances may change the legal landscape, says Kyle Girouard at Dickinson Wright.

• Opinion

  Legal Institutions Must Warn Against Phony Election Suits

  

  With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

• How Cos. Can Build A Strong In-House Pro Bono Program

  

  During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.