Legal Commentary

Explore insightful analyses and expert opinions on current legal issues in our Legal Commentary section. Here, visitors will find in-depth articles, video interviews, and discussions that unpack complex legal topics, trends, and landmark cases. Stay informed and enhance your understanding of the law with our authoritative resources tailored for attorneys, legal professionals, and those seeking clarity on legal matters.

281 posts

Supreme Court Bar Future: Sullivan & Cromwell’s Morgan Ratner in Spotlight

Civil Litigation Constitutional Law

Supreme Court Bar Future: Sullivan & Cromwell’s Morgan Ratner in Spotlight

December 5, 2024 • By Jack Gilbert

Morgan Ratner of Sullivan & Cromwell is emerging as a leading next‑generation Supreme Court advocate at one of the nation’s top firms. Her ascent reflects a shifting Supreme Court bar where new litigators are gaining prominence in high‑stakes appellate work. This article examines Ratner’s role and what it signals for the future of Supreme Court […]

PFAS Foam Litigation: Attorneys Secure $95.8M in Tyco, BASF Settlements

Civil Litigation Class-Action Lawsuits

PFAS Foam Litigation: Attorneys Secure $95.8M in Tyco, BASF Settlements

December 4, 2024 • By Jack Gilbert

Attorneys secured $95.8 million in settlements from Tyco and BASF in the PFAS foam (AFFF) litigation. The deals advance the AFFF multidistrict litigation addressing PFAS “forever chemical” contamination and related cleanup and liability claims. This article covers the settlement totals and how they fit within the broader MDL. In a landmark development for environmental litigation, […]

InfoWars Social Media Accounts: X Corp. Opposes Sale in Legal Battle

Bankruptcy Law Business Law

InfoWars Social Media Accounts: X Corp. Opposes Sale in Legal Battle

December 4, 2024 • By Jack Gilbert

X Corp. is opposing the proposed sale of InfoWars’ social media accounts as part of ongoing legal proceedings tied to Alex Jones and InfoWars. The dispute centers on whether those accounts can be transferred to a buyer and what rights the platform retains to restrict or terminate them. This article explains X Corp.’s objections, the […]

Law Firm Bonuses: More Firms Match Milbank’s Scale in Competitive Market

Business Law Civil Litigation

Law Firm Bonuses: More Firms Match Milbank’s Scale in Competitive Market

December 4, 2024 • By Jack Gilbert

More law firms are matching Milbank’s associate bonus scale as the 2024 market becomes increasingly competitive. As firms vie for top talent and respond to peer pressure, year-end and special bonus announcements are spreading beyond the early adopters. This article explains which firms are aligning with Milbank, what the updated bonus amounts and eligibility rules […]

Natera vs. Guardant: Jury Awards $292.5M in False Advertising Lawsuit

Business Law Civil Litigation

Natera vs. Guardant: Jury Awards $292.5M in False Advertising Lawsuit

December 4, 2024 • By Jack Gilbert

A federal jury awarded Natera $292.5 million in its false advertising lawsuit against Guardant Health. The verdict stems from findings that certain Guardant marketing claims about its cancer testing were misleading and harmed Natera in the marketplace. This article explains the case background, the key claims and evidence presented at trial, and what the judgment […]

Trump Federal Cases Dropped: Special Counsel Jack Smith’s Decision Explained

Civil Litigation Constitutional Law

Trump Federal Cases Dropped: Special Counsel Jack Smith’s Decision Explained

December 4, 2024 • By Jack Gilbert

Jack Smith moved to drop federal cases against Donald Trump by filing motions to dismiss the pending federal prosecutions. The decision reflects prosecutorial and procedural considerations and shifts the immediate legal battlefield away from those federal dockets. This article explains the rationale, what it signals about evidence and strategy, and the implications for future high-profile […]

Giuliani Legal Team Shake-up: New Attorney Criticizes Previous Counsel Before NY Trial

Civil Litigation Court Decision

Giuliani Legal Team Shake-up: New Attorney Criticizes Previous Counsel Before NY Trial

December 3, 2024 • By Jack Gilbert

Rudy Giuliani’s legal team has changed again ahead of his New York trial, with newly retained counsel publicly faulting his prior attorneys’ handling of the case. The shift comes as Giuliani faces mounting litigation pressure and high-stakes claims, making strategy and courtroom representation especially consequential. This article explains what prompted the shake-up, what the new […]

T-Mobile and Sprint Challenge FCC Privacy Fine in DC Circuit Court

Administrative Law Civil Litigation

T-Mobile and Sprint Challenge FCC Privacy Fine in DC Circuit Court

December 3, 2024 • By Jack Gilbert

T-Mobile and Sprint are asking the D.C. Circuit to overturn the FCC’s privacy fine for alleged unlawful sharing of customer location data. The carriers argue the FCC exceeded its authority and misapplied federal privacy rules governing telecommunications providers. This article explains the fines, the legal arguments on appeal, and what the case could mean for […]

What Are the Top Benefits of Using AI Tools for Legal Document Review?

Digital Media/Internet Evidence Handling

What Are the Top Benefits of Using AI Tools for Legal Document Review?

November 25, 2024 • By Jack Gilbert

AI tools for legal document review can cut review time by up to 60% while improving consistency and reducing missed issues. They rapidly classify, extract, and flag risky clauses across large document sets, helping teams manage discovery and contract work at lower cost. This article covers the main efficiency, accuracy, and cost benefits, plus practical […]

Cost-benefit analysis in arbitrary and capricious review: Best practices

Administrative Law Federal Law

Cost-benefit analysis in arbitrary and capricious review: Best practices

November 24, 2024 • By Jack Gilbert

A defensible cost-benefit analysis for arbitrary and capricious review should quantify major costs and benefits and document assumptions in the administrative record—courts often vacate rules when agencies ignore significant costs. It must address reasonable alternatives, explain tradeoffs, and respond to material comments with evidence. This article outlines practical steps to build, present, and litigate CBA […]

Gypsy Rose Blanchard: The Legal Case of Munchausen by Proxy and Murder

Child Abuse Criminal Law

Gypsy Rose Blanchard: The Legal Case of Munchausen by Proxy and Murder

November 24, 2024 • By Jack Gilbert

Gypsy Rose Blanchard pleaded guilty to second-degree murder in 2016 and was sentenced to 10 years in prison for her role in Dee Dee Blanchard’s 2015 killing. The case centered on years of Munchausen by proxy abuse and medical fraud that complicated assessments of culpability and victimhood. This article explains the key charges, plea deal, […]

Healthcare regulations and the arbitrary and capricious standard

Administrative Law Federal Law

Healthcare regulations and the arbitrary and capricious standard

November 24, 2024 • By Jack Gilbert

Under the APA, courts set aside healthcare agency actions if they are “arbitrary and capricious” under 5 U.S.C. § 706(2)(A). This requires a rational explanation grounded in the administrative record and consideration of relevant factors. This article explains the standard, key healthcare contexts, and practical implications for challenges and compliance. In the complex landscape of […]

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