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Expert Analysis

• Opinion

  Senate's 41% Litigation Finance Tax Would Hurt Legal System

  

  The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.

• In NRC Ruling, Justices Affirm Hearing Process Still Matters

  

  The U.S. Supreme Court's decision in Nuclear Regulatory Commission v. Texas safeguards the fairness, clarity and predictability of the regulatory system by affirming that to challenge an agency's decision in court, litigants must first meaningfully participate in the hearing process that Congress and the agency have established, says Jonathan Rund at the Nuclear Energy Institute.

• What Baseball Can Teach Criminal Attys About Rule Of Lenity

  

  Judges tend to assess ambiguous criminal laws not unlike how baseball umpires approach checked swings, so defense attorneys should consider how to best frame their arguments to maximize courts' willingness to invoke the rule of lenity, wherein a tie goes to the defendant, says Jonathan Porter at Husch Blackwell.

• Series

  Performing As A Clown Makes Me A Better Lawyer

  

  To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.

• Series

  Law School's Missed Lessons: Rejecting Biz Dev Myths

  

  Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.

• Move Beyond Surface-Level Edits To Master Legal Writing

  

  Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.

• How New Texas Law Revamps Electric Grid To Meet Demand

  

  A new Texas law enacted in response to the burdens that data centers, crypto mining and other large-scale users are placing on the state's electric grid means that stakeholders must review updated requirements around grid interconnection, disclosure of development plans and operational flexibility during tight conditions, say attorneys at Jackson Walker.

• DOJ May Rethink Banning Firearms For Marijuana Users

  

  In light of various federal circuit court decisions and an executive order from President Donald Trump, U.S. Department of Justice enforcement policy now may be on the verge of changing decidedly in favor of marijuana users' gun rights, and could foreshadow additional marijuana-friendly reforms, says Jacob Raver at Dentons.

• 9th Circ. Has Muddied Waters Of Article III Pleading Standard

  

  District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.

• Series

  Competing In Modern Pentathlon Makes Me A Better Lawyer

  

  Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.

• Series

  Law School's Missed Lessons: Teaching Yourself Legal Tech

  

  New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.

• Texas Ruling Emphasizes Limits Of Franchisors' Liability

  

  The Texas Supreme Court's recent ruling in Massage Heights Franchising v. Hagman, holding that a franchisor was not liable to a customer for the actions of a franchisee's employee, helps clarify the relative roles and responsibilities of the parties in such situations — and the limits of franchisors' duty of care, say attorneys at Polsinelli.

• Texas Targets Del. Primacy With Trio Of New Corporate Laws

  

  Delaware has long positioned itself as the leader in attracting business formation, but a flurry of new legislation in Texas aimed at attracting businesses to the Lone Star State is aggressively trying to change that, says Andrew Oringer at the Wagner Law Group.

• How AI May Reshape The Future Of Adjudication

  

  As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.

• How States Are Taking The Lead On Data Center Regulation

  

  While support for data center growth is a declared priority for the current administration, federal data center policy has been slow to develop — so states continue to lead in attracting and regulating data center growth, say attorneys at Steptoe.