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Expert Analysis

• Firms Still Have The Edge In Lateral Hiring, But Buyer Beware

  

  Partner mobility data suggests that the third quarter of this year continued to be a buyer鈥檚 market, with the average candidate demanding less compensation for a larger book of business 鈥� but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.

• Think Like A Lawyer: 1 Type Of Case Complexity Stands Out

  

  In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a 鈥渟liding scale鈥� approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.

• Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity

  

  Cases can appear complex for several reasons 鈥� due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources 鈥� but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.

• Series

  Gardening Makes Me A Better Lawyer

  

  Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.

• Litigation Inspiration: Reframing Document Review

  

  For attorneys 鈥� new ones especially 鈥� there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.

• Inside The Appeals Board's 2024 Report To Congress

  

  An in-depth examination of the Armed Services Board of Contract Appeals鈥� annual report reveals 鈥媋 continuing decline in new cases, motions and hearings, a trend that may correspond with 鈥媡鈥媓e increased use of alternative dispute resolution, and expedited or accelerated proceedings, say attorneys at Miller & Chevalier.

• Navigating 4th Circ.'s Antitrust Burden In Hybrid Relationships

  

  The U.S. Supreme Court recently declined to review the Fourth Circuit's Brewbaker decision, a holding that heightens the burden on antitrust prosecutors when the target companies have a hybrid horizontal-vertical relationship, but diverges from other circuits, say attorneys at Troutman Pepper.

• How CFIUS' Updated Framework Affects Global Investors

  

  The recent change to the monitoring and enforcement regulations governing the Committee on Foreign Investment in the United States will broaden administrative practices around nonnotified transaction investigations, increase the scope of information demands from the committee and accelerate its ability to impose mitigation on parties, say attorneys at Simpson Thacher.

• Health Policy Predictions For Trump's Second Administration

  

  As President-elect Donald Trump's nominations for health policy and enforcement heads work their way through the confirmation process, healthcare organizations can look at nominee backgrounds, campaign statements and actions from Trump's previous presidency to predict incoming priorities, say attorneys at McDermott.

• Contract Disputes Recap: Perils Of Perfunctory Interpretation

  

  Attorneys at Seyfarth examine three recent decisions in which the Armed Services Board of Contract Appeals, the Civilian Board of Contract Appeals and the Federal Circuit ruthlessly dismantled arguments that rely on superficial understandings of different contract terms.

• Series

  Flying Makes Me A Better Lawyer

  

  Achieving my childhood dream of flying airplanes made me a better lawyer 鈥� and a better person 鈥� because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.

• Opinion

  Justices Should Squash Bid To Criminalize Contract Breaches

  

  In Kousisis v. U.S., the U.S. Supreme Court should reject the sweeping legal theory that breaches of contract can satisfy the property element of the mail and wire fraud statutes, which, if validated, would criminalize an array of ordinary conduct and violate basic constitutional principles, say attorneys at The Norton Law Firm.

• What Trump's Next Term May Mean For Biz Immigration

  

  Leonard D'Arrigo at Harris Beach discusses the employment-based immigration policies businesses can potentially expect during President-elect Donald Trump鈥檚 second term, based on policies enacted during his first administration, statements made during his campaign and proposals in Project 2025.

• Series

  Circus Arts Make Me A Better Lawyer

  

  Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.

• Opinion

  Weak Reasoning Underlies Fla. Judge's Bold Qui Tam Ruling

  

  U.S. District Judge Kathryn Mizelle's groundbreaking decision in U.S. ex rel. Zafirov v. Florida Medical Associates LLC, holding that qui tam provisions of the False Claims Act are unconstitutional, relies on weak logic to reach a conclusion that differs from every other court that has ruled on the issue, says Ethan Greenberg at Anderson Kill.