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Expert Analysis

• How The ESG Investing Rule Survived Loper Bright, For Now

  

  A Texas federal court's recent decision in Utah v. Micone upholding the U.S. Department of Labor's 2022 ESG investing rule highlights how regulations can withstand the post-Loper Bright landscape when an agency's interpretation of its statutorily determined boundaries is not granted deference, say attorneys at Miller & Chevalier.

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  Adapting To Private Practice: From DOJ Leadership To BigLaw

  

  The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.

• In-House Expert Testimony Is Tricky, But Worth Considering

  

  Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.

• Issues To Watch At ABA's Antitrust Spring Meeting

  

  Attorneys at Freshfields consider the future of antitrust law and competition enforcement amid agency leadership changes and other emerging developments likely to dominate discussion at the American Bar Association's Antitrust Spring Meeting this week.

• Tracking Changes To AI Evidence Under Federal Rules

  

  As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.

• State Extended Producer Responsibility Laws: Tips For Cos.

  

  As states increasingly shift the onus of end-of-life product management from consumers and local governments to the businesses that produce, distribute or sell certain items, companies must track the changing landscape and evaluate the applicability of these new laws and regulations to their operations, say attorneys at Alston & Bird.

• Law Firm Executive Orders Create A Legal Ethics Minefield

  

  Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.

• 5 Steps To Promote Durable, Pro-Industry Environmental Regs

  

  The U.S. Environmental Protection Agency's planned wave of deregulation will require lengthy reviews, and could be undone by legal challenges and future changes of administration — but industry involvement in rulemaking, litigation, trade associations, and state and federal legislation can help ensure favorable and long-lasting regulatory policies, say attorneys at Balch & Bingham.

• Firms Must Embrace Alternative Billing Models Or Fall Behind

  

  As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.

• Key Insurance Issues Likely To Arise From NY Superfund Law

  

  The recently enacted New York Climate Change Superfund Act imposes a massive $75 billion in liabilities on energy companies in the fossil fuel industry, which can be expected to look to their insurers for coverage, raising a slew of coverage issues both old and new, say attorneys at Wiley.

• How Trump Policies Are Affecting The Right To Repair

  

  Recent policy changes by the second Trump administration — ranging from deregulatory initiatives to tariff increases — are likely to have both positive and negative effects on the ability of independent repair shops and individual consumers to exercise their right to repair electronic devices, say attorneys at Carter Ledyard.

• How Attorneys Can Master The Art Of On-Camera Presence

  

  As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.

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  Baseball Fantasy Camp Makes Me A Better Lawyer

  

  With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.

• DOJ Immigration Playbook May Take Cues From A 2017 Case

  

  A record criminal resolution with a tree trimming company accused of knowingly employing unauthorized workers in 2017 may provide clues as to how the U.S. Department of Justice’s immigration crackdown will touch American companies, which should prepare now for potential enforcement actions, says Jonathan Porter at Husch Blackwell.

• NM Case Shows Power Of Environmental Public Nuisance Law

  

  A recent ruling from a New Mexico appeals court finding that a pattern of environmental violations, even without any substantial impact on a nearby community, can trigger nuisance liability — including potential damages and injunctive relief — has important implications for regulated entities in the state, says Kaleb Brooks at Spencer Fane.