Expert Analysis

• Ohio Rulings Are Cautionary Tales For Attorneys In Crisis

  

  Two recent decisions from Ohio state courts provide a sobering reminder that a counsel’s personal emergencies will not always suffice to alter court deadlines or excuse procedural missteps, and that prompt communication and documentation are crucial in the Buckeye State and beyond, says L. Bradfield Hughes at Porter Wright.

• What Courts' Deference Preference Can Mean For Sentencing

  

  The Fifth Circuit’s recent U.S. v. Vargas decision deepens the split among federal appeals courts on the level of deference afforded to commentary in the U.S. sentencing guidelines — an issue that has major real-life ramifications for defendants, and is likely bound for the U.S. Supreme Court, say Jennifer Freel and Michael Murtha at Jackson Walker.

• Trump's 'I Thought I Won' Jan. 6 Defense Is Unlikely To Prevail

  

  Since being indicted for his alleged attempts to overthrow the 2020 presidential election, former President Donald Trump’s legal team has argued that because he genuinely believed he won, his actions were not fraudulent — but this so-called mistake of fact defense will face a steep uphill battle for several key reasons, says Elizabeth Roper at Baker McKenzie.

• Dupree Decision Blurs Lines Between Issues Of Law And Fact

  

  In the wake of the U.S. Supreme Court's May decision in Dupree v. Younger, certain types of disputes and nuances may arise for trial lawyers when separating issues of fact and law, and the complications are illustrated by examples from antitrust and intellectual property case law, say Francis Morrison and Jarod Taylor at Axinn.

• Caregiver Flexibility Is Crucial For Atty Engagement, Retention

  

  As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.

• In-Office Engagement Is Essential To Associate Development

  

  As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.

• Trends Emerge In High Court's Criminal Law Decisions

  

  In its 2022-2023 term, the U.S. Supreme Court issued nine merits decisions in criminal cases covering a wide range of issues, and while each decision is independently important, when viewed together, key trends and takeaways appear that will affect defendants moving forward, says Kenneth Notter at MoloLamken.

• Global Analysis Of Climate Suits Reveals Strategic Focus

  

  A recent report from the Grantham Institute, reviewing climate lawsuits around the world and identifying eight types of so-called strategic litigation, offers insights that may help companies reduce their exposure and protect their reputations, say Jason Halper and Sharon Takhar at Cadwalader.

• Terror Funding Suit Could Affect Inherited Jurisdiction In NY

  

  Depending on how New York’s highest court answers two questions certified from the Second Circuit in a case litigating companies’ liability for terrorist attacks, foreign companies with no relevant New York contacts may be subject to suit in state courts by virtue of an asset purchase, say attorneys at Norton Rose.

• Perspectives

  A Judge's Pitch To Revive The Jury Trial

  

  Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.

• How To Recognize And Recover From Lawyer Loneliness

  

  Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.

• Opinion

  Litigation Funding Disclosure Should Be Mandatory

  

  Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.

• Recalling USWNT's Legal PR Playbook Amid World Cup Bid

  

  As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

• Operant Conditioning: Techniques To Prepare Your Witness

  

  Attorneys can apply operant conditioning principles, such as positive and negative reinforcement, during witness preparation sessions to enhance the quality of witnesses’ deposition and trial testimony and counter the potential influence of opposing counsel, say Bill Kanasky and Steve Wood at Courtroom Sciences.

• Employer Tips For Fighting Back Against Explosive Verdicts

  

  Massive jury verdicts are a product of our time, driven in part by reptile tactics, but employers can build a strategic defense to mitigate the risk of a runaway jury, and develop tools to seek judicial relief in the event of an adverse outcome, say Dawn Solowey and Lynn Kappelman at Seyfarth.