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Expert Analysis

• High Court Sentencing Case Presents Legal Fork In The Road

  

  On Feb. 25, the U.S. Supreme Court will hear arguments in Esteras v. U.S. about the factors trial courts may consider when imposing a sentence of imprisonment after revoking supervised release, and the justices’ eventual decision may prioritize either discretion or originalism, says Michael Freedman at The Freedman Firm.

• 4 Do's And Don'ts For Trial Lawyers Using Generative AI

  

  Trial attorneys who use artificial intelligence tools should review a few key reminders, from the likelihood that prompts are discoverable to the rapid evolution of court rules, to safeguard against embarrassing missteps, says Nate Sabri at Perkins Coie.

• Defense Strategies For Politically Charged Prosecutions

  

  Politically charged prosecutions have captured the headlines in recent years, providing lessons for defense counsel on how to navigate the distinct challenges, and seize the unique opportunities, such cases present, says Kenneth Notter at MoloLamken.

• Series

  Competitive Weightlifting Makes Me A Better Lawyer

  

  The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.

• The Rising Need For The Selective Prosecution Defense

  

  In a political climate where criminal and civil prosecution on the basis of political affiliation, constitutionally protected speech or other arbitrary classification is increasingly likely, existing precedent shows why judges should be more open to allowing a selective prosecution defense, say attorneys at Sidley.

• Opinion

  Inconsistent Injury-In-Fact Rules Hinder Federal Practice

  

  A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.

• In-House Counsel Pointers For Preserving Atty-Client Privilege

  

  Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.

• How SDNY US Atty Nom May Shape Enforcement Priorities

  

  President Donald Trump’s nominee for U.S. attorney in the Southern District of New York, former U.S. Securities and Exchange Commission Chair Jay Clayton, will likely shift the office’s enforcement priorities, from refining whistleblower policies to deemphasizing novel prosecutorial theories, say attorneys at Cohen & Gresser.

• Improving Comms Between Trial Attys And Tech Witnesses

  

  In major litigation involving complex technology, attorneys should employ certain strategies to collaborate with companies' technical personnel more effectively to enhance both the attorney's understanding of the subject matter and the expert's ability to provide effective testimony in court, say attorneys at Buchalter.

• Series

  Collecting Rare Books Makes Me A Better Lawyer

  

  My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.

• Opinion

  New DOJ Leaders Should Curb Ill-Conceived Prosecutions

  

  First-of-their-kind cases have seemingly led to a string of overly aggressive prosecutions in recent years, so newly sworn-in leaders of the U.S. Department of Justice should consider creating reporting channels to stop unwise prosecutions before they snowball, says Jonathan Porter at Husch Blackwell.

• Opinion

  Judge Should Not Have Been Reprimanded For Alito Essay

  

  Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.

• Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example

  

  Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.

• Perspectives

  Accountant-Owned Law Firms Could Blur Ethical Lines

  

  KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.

• Perspectives

  DC Circ. Cellphone Ruling Upends Law Enforcement Protocol

  

  The D.C. Circuit’s recent U.S. v. Brown decision, holding that forcibly requiring a defendant to unlock his cellphone with his fingerprint violated the Fifth Amendment, has significant implications for law enforcement, and may provide an opportunity for defense lawyers to suppress electronic evidence, says Sarah Sulkowski at Gelber & Santillo.