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Expert Analysis

• Legislation Most Likely To Pass In Lame Duck Session

  

  As Congress begins its five-week post-election lame duck session, attorneys at Greenberg Traurig break down the legislative priorities and which proposals can be expected to pass.

• Promoting Diversity In The Selection Of ADR Neutrals

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  Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.

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  Playing Ultimate Makes Us Better Lawyers

  

  In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron. 

• E-Discovery Quarterly: Recent Rulings On Metadata

  

  Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.

• Striking A Balance Between AI Use And Attorney Well-Being

  

  As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.

• 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.

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  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.

• 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.

• 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.

• Biden Green Card Program Unlikely To Advance Post-Election

  

  Even if Vice President Kamala Harris wins the election and continues a Biden administration policy that would allow certain foreign relatives of American citizens to apply for green cards without leaving the U.S., a challenge in Texas federal court is likely to delay implementation for a long time, says Brad Brigante at Brigante Law.

• 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.

• Employment Verification Poses Unique Risks For Staffing Cos.

  

  All employers face employee verification issues, but a survey of recent settlements with the U.S. Department of Justice's Immigrant and Employee Rights Section suggests that staffing companies' unique circumstances raise the chances they will be investigated and face substantial fines, says Eileen Scofield at Alston & Bird.

• 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.

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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.