Expert Analysis

• Navigating Trade Secret Exceptions In Noncompete Bans

  

  Recent and ongoing developments in the noncompete landscape, including a potential decision from the Tenth Circuit in Edwards Lifesciences v. Thompson, could offer tools for employers to bring noncompete agreements within trade secret exceptions amid an era of heightened employee mobility, say attorneys at Sullivan & Cromwell.

• Playing Tennis Makes Me A Better Lawyer

  

  An instinct to turn pain into purpose meant frequent trips to the tennis court, where learning to move ahead one point at a time was a lesson that also applied to the steep learning curve of patent prosecution law, says Daniel Henry at Marshall Gerstein.

• Judges On AI: How Judicial Use Informs Guardrails

  

  U.S. Magistrate Judge Maritza Dominguez Braswell at the U.S. District Court for the District of Colorado discusses why having a sense of how generative AI tools behave, where they add value, where they introduce risk and how they are reshaping the practice of law is key for today's judges.

• Navigating The New Wave Of Voluntary Benefit ERISA Suits

  

  Four recent complaints claiming that employees pay unreasonable premiums for voluntary benefit programs contribute to a trend in Employee Retirement Income Security Act class actions targeting employers and benefits consultants over such programs, increasing scrutiny of how the programs are selected, priced and administered, say attorneys at Holland & Knight.

• Law School's Missed Lessons: How To Start A Law Firm

  

  Launching and sustaining a law firm requires skills most law schools don't teach, but every lawyer should understand a few core principles that can make the leap calculated rather than reckless, says Sam Katz at Athlaw.

• Key False Claims Act Trends From The Last Year

  

  The False Claims Act remains a powerful enforcement tool after some record verdicts and settlements in 2025, and while traditional fraud areas remain a priority, new initiatives are raising questions about its expanding application, says Veronica Nannis at Joseph Greenwald.

• Reel Justice: 'Die My Love' And The Power Of Visuals At Trial

  

  The powerful use of imagery to capture the protagonist’s experience of postpartum depression in “Die My Love” reminds attorneys that visuals at trial can persuade jurors more than words alone, so they should strategically wield a new federal evidence rule allowing for illustrative aids, says Veronica Finkelstein at Wilmington University.

• Hosting Exchange Students Makes Me A Better Lawyer

  

  Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.

• How A 1947 Tugboat Ruling May Shape Work Product In AI Era

  

  Rapid advances in generative artificial intelligence test work-product principles first articulated in the U.S. Supreme Court’s nearly 80-year-old Hickman v. Taylor decision, as courts and ethics bodies confront whether disclosure of attorneys’ AI prompts and outputs would reveal their thought processes, say Larry Silver and Sasha Burton at Langsam Stevens.

• Navigating Privilege Law Patchwork In Dual-Purpose Comms

  

  Three years after the U.S. Supreme Court declined to resolve a circuit split in In re: Grand Jury, federal courts remain split as to when attorney-client privilege applies to dual-purpose legal and business communications, and understanding the fragmented landscape is essential for managing risks, say attorneys at Covington.

• Expect State Noncompete Reforms, FTC Scrutiny In 2026

  

  Employer noncompete practices are facing intensified federal scrutiny and state reforms heading into 2026, with the Federal Trade Commission pivoting to case-by-case enforcement and states continuing to tighten the rules, especially in the healthcare sector, say attorneys at DLA Piper.

• Insights From 2025's Flood Of Data Breach Litigation

  

  Several coherent patterns emerged from 2025's data breach litigation activity, suggesting that judges have grown skilled at distinguishing between companies that were genuinely victimized by sophisticated criminal actors despite reasonable precautions, and those whose security practices invited exploitation, says Frederick Livingston at McDonald Baas.

• Fly-Fishing Makes Me A Better Lawyer

  

  Much like skilled attorneys, the best anglers prize preparation, presentation and patience while respecting their adversaries — both human and trout, says Rob Braverman at Braverman Greenspun.