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Today's Discussion
Twombly's Progeny: When Does "Plausibility" Become a Merits Screen?
Circuit splits on 12(b)(6) pleading standards are widening. Three recent opinions suggest the Iqbal framework is doing more gatekeeping work than Twombly ever intended.
Margaret Holloway
Partner, Complex Litigation · S.D.N.Y. Bar
47 replies
1.2k views · Feb 25
Concurrent Conflicts in Lateral Moves: The Imputation Problem No One Talks About
Model Rule 1.10 says screens may work — but your state bar may disagree. A candid breakdown of where lateral hires go wrong before the first billing entry.
Desmond Achebe
Solo Practitioner · Illinois Bar · 14 yrs
31 replies
890 views · Feb 24
Suppression Motions After Carpenter: What Counts as a "Search" in 2026?
The third-party doctrine is fracturing. Post-Carpenter lower court decisions are all over the map on cell-site simulators, smart home data, and location APIs.
Priya Sundaram
3L, Georgetown Law · Federal Defender Clinic
28 replies
743 views · Feb 24
Practice Areas
Where the work actually lives — pinned threads that earned their position by depth of argument, not recency of post.
MAC Clauses Post-Pandemic: How Delaware Courts Redrew the Line
AB Stable VIII LLC v. MAPS Hotels gave us the first real post-pandemic MAC analysis. The court's reading of "in the ordinary course" has restructured how deal teams draft material adverse change provisions. Here is what changed and what practitioners missed.
Catherine Whitmore
Delaware Bar · 22 yrs
USCIS Processing Backlogs & Mandamus Actions: A Practitioner's Playbook
When does a delay become unreasonable? The APA § 706(1) standard has teeth — if you know where to bite.
Rafael Domínguez
Texas Bar · 9 yrs
Cryptocurrency in High-Net-Worth Divorce: Discovery Gaps and Valuation Fights
Tracing crypto assets through cold wallets and DeFi protocols is the new forensic accounting frontier. Which experts are actually useful?
Simone Nakagawa
California Bar · 11 yrs
Non-Compete Agreements After the FTC Rule: State-by-State Survival Map
The federal rule is enjoined but the landscape shifted anyway. A state-by-state breakdown of what's enforceable today.
Jerome Okafor
New York Bar · 16 yrs
Members' Bench
The practitioners whose answers get cited. Not curated by committee — elevated by the room itself.
Margaret Holloway
S.D.N.Y. · 2nd Cir. · 18 yrs
"The pleading standard question is never really about pleading."
Most-Cited Thread
Twombly's Progeny: When Does "Plausibility" Become a Merits Screen?
Desmond Achebe
Illinois Bar · 14 yrs
"Every lateral hire is a conflict waiting to be discovered."
Most-Cited Thread
Concurrent Conflicts in Lateral Moves: The Imputation Problem
Simone Nakagawa
California Bar · 11 yrs
"The client who hid assets always leaves a chain of custody."
Most-Cited Thread
Cryptocurrency in Divorce: Discovery Gaps and Valuation Fights
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The Brief
This week's digest — three discussions that moved the conversation forward. Published every Monday before the courthouse opens.
Case Law Update
Feb 24, 2026
4 min read
Fifth Circuit Narrows FLSA Collective Action Certification Standards
In a decision that splits from the Ninth Circuit, the Fifth Circuit held that district courts must engage in a more rigorous "similarly situated" analysis at the conditional certification stage — not just at decertification.
Practice Management
Feb 23, 2026
6 min read
The Solo Practitioner's Discovery Deadline System That Actually Works
A member with 14 years of solo practice shares the calendar logic, docketing software stack, and mental model that keeps discovery on track when you're running everything yourself.
Career & Profession
Feb 22, 2026
5 min read
The Partnership Track Conversation No One Tells Associates to Have at Year Three
Mid-career associates weighing the partnership math rarely ask the right questions early enough. A former BigLaw associate-turned-partner explains what he wished he had said in year three.
Low-Commitment Entry
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Full access to this week's digest — no membership required. Just an email address and the understanding that what's discussed here stays here.
The Stacks
Evergreen resources that members keep going back to — templates, checklists, and research digests that earn their shelf space.
Motion to Compel Discovery — Federal Template (FRCP 37)
Fully annotated template incorporating 2023 FRCP amendments. Includes alternative language blocks for ESI disputes, proportionality arguments, and meet-and-confer certification.
Deposition Preparation Checklist — Adverse Witness
A 47-point checklist covering document review sequencing, impeachment preparation, and real-time objection strategy. Developed and refined over 200+ depositions.
Engagement Letter Clause Bank — Solo & Small Firm
NewForty-three tested engagement letter provisions covering scope creep, fee disputes, lien rights, and termination. State-specific variations for CA, NY, TX, FL, and IL included.
Suppression Motion Framework — Fourth Amendment (Post-Carpenter)
NewStructured framework for suppression motions challenging digital surveillance evidence. Includes Carpenter analysis, third-party doctrine challenges, and circuit-split arguments.
Client Intake Interview Protocol — Initial Consultation
A structured intake protocol that surfaces conflicts, establishes scope, and sets client expectations in the first 45 minutes. Tested across civil litigation, family, and criminal defense contexts.
Annual Review of Circuit Splits — Civil Procedure (2025)
NewMember-compiled digest of active circuit splits in civil procedure as of Q4 2025. Forty-one splits catalogued with case citations, issue framing, and Supreme Court certiorari posture.
46 more resources available to members — including state-specific templates, expert witness protocols, and the complete deposition transcript archive.
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