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Expert Analysis

• Evidence Rule May Expand Use Of Out-Of-Court Statements

  

  A proposed amendment to Federal Rule of Evidence 801(d)(1)(A) would broaden the definition of nonhearsay, reflects a more pragmatic approach to regulating the admissibility of out-of-court statements by declarant-witnesses, and could help level the playing field between prosecutors and criminal defendants, say attorneys at Hangley Aronchick.

• The Math Of Cross-Examination: Less Is More, More Is Less

  

  When conducting cross-examination at trial, attorneys should remember that 鈥渓ess is more, and more is less鈥� 鈥� limiting both the scope of questioning and the length of each query in order to control the witness鈥檚 testimony and keep the factfinders鈥� attention, says Thomas Innes at the Defender Association of Philadelphia.

• Rethinking 'No Comment' For Clients Facing Public Crises

  

  鈥淣o comment鈥� is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

• Tools For Witness Control That Go Beyond Leading Questions

  

  Though leading questions can be efficient and effective for constraining a witness鈥檚 testimony, this strategy isn鈥檛 appropriate for every trial and pretrial scenario, so techniques like headlining and looping can be deployed during direct examination, depositions and even witness interviews, says Allison Rocker at Baker McKenzie.

• Del. Justices' D&O Ruling Clarifies 'Related' Claim Analysis

  

  In its recent decision in the Alexion Pharmaceuticals coverage case, the Delaware Supreme Court adopted a "meaningful linkage" standard for relatedness analysis, providing further guidance to Delaware policyholders on how to navigate those directors and officers insurance disputes, say attorneys at Hunton.

• 4 Do's And Don'ts For Trial Lawyers Using Generative AI

  

  Trial attorneys who use artificial intelligence tools should review a few key reminders, from the likelihood that prompts are discoverable to the rapid evolution of court rules, to safeguard against embarrassing missteps, says Nate Sabri at Perkins Coie.

• 5 Argument Techniques For Policyholder Advocates

  

  Winning insurance coverage disputes often comes down to who has articulated the more compelling interpretation of the relevant policy language, which is why the best policyholder advocates come back to certain tried and true argument approaches, says Greg Van Houten at Haynes Boone.

• Improving Comms Between Trial Attys And Tech Witnesses

  

  In major litigation involving complex technology, attorneys should employ certain strategies to collaborate with companies' technical personnel more effectively to enhance both the attorney's understanding of the subject matter and the expert's ability to provide effective testimony in court, say attorneys at Buchalter.

• Del. Ruling Further Narrows Scope Of 'Bump-Up' Exclusion

  

  The recent Delaware Superior Court ruling in Harman International v. Illinois National Insurance offers a critical framework for interpreting bump-up exclusions in management liability insurance policies, and follows the case law trend of narrow interpretation of such exclusions, says Simone Haugen at Tressler.

• A View Of The Shifting Insurance Regulatory Landscape

  

  Attorneys at Eversheds Sutherland explore how the Federal Insurance Office's climate report, the new presidential administration and the California wildfires might affect the insurance regulatory landscape.

• Best Practices To Optimize Cybersecurity Insurance

  

  As cyberthreats continue to evolve, the risks associated with third-party vendor breaches are an increasing concern, so businesses must not only reevaluate their internal cybersecurity insurance, but also take proactive steps to evaluate and manage the risks posed by their third-party relationships, say attorneys at Reed Smith.

• Courts Should Nix Conferencing Rule In 1 Discovery Scenario

  

  Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.

• Top Considerations For Insurance Companies In 2025

  

  As insurance industry participants look to plan for the year, regulatory changes, climate-related challenges, the ongoing effects of social inflation and the potential for significant mergers and acquisitions will be among the key items for insurer boards and management to have on their radar, say attorneys at Debevoise.