Federal Courts Grapple with Implications of Loper Bright
Litigation in a post–Loper Bright world will require clients to be patient as federal courts and agencies grapple with litigation strategies without Chevron deference.
Litigation News | Winter 2025
Volume 50, Issue 2
Features
Supervising Attorney Receives Slap on the Wrist
Supervising attorney skates on reprimand as subordinates disbarred, suspended in a case of egregious misconduct.
Another Bar Association Found to Violate First Amendment
Challenges to mandatory bar associations continue with some success, according to the latest finding by a federal court of appeals.
Columns
The Use (or Not) of Anti-SLAPP Laws in Federal Court
Stormy seas as state laws protecting First Amendment expression are inconsistently applied from case to case.
Civility in the Practice of Law: A Pillar of Professionalism
Civility encompasses respect, courtesy, and integrity in interactions with clients, colleagues, opposing counsel, and the judiciary.
On Losing
Great trial lawyers must learn to work through losing verdicts with the same composure, professionalism, and focus as they do every other part of the representation.
The Eyes Have It: Nonverbal Communication in Court
Tips for the courtroom to make sure the visual communication matches the verbal. Because the jury is always watching.
Set Yourself Up for Success in the New Year
Allowing for introspection grants you the opportunity to realign goals and prioritize habits that promote self-growth, work-life balance, and overall well-being.
Artificial Intelligence: Meet the Practice of Law
State bar promulgates ethics rules to guide attorneys for use of generative artificial intelligence.
Departments
Existing in Tension: Courts Grapple with the Apex Doctrine
State supreme court holds the apex doctrine contradicts the right to discovery, growing national jurisdictional split.
ABA Ethics Opinion Offers Clarity on Use of Nonlawyers
Formal Opinion 506 requires supervision of nonlawyers, including paralegals, interns, and secretaries, who assist with client intake.
Contacting Another Lawyer’s Client Is Sometimes Ethical
Messaging a client and opposing counsel may constitute consent to “reply all” when sending lawyer includes client in the communication.
Judgment Does Not Revive Malpractice Limitations Period
Claim for submitting untimely insurance claim accrues when coverage is denied, according to a federal appellate court