Expert Analysis

• Prepping For PFAS Approval Under EPA's New Framework

  

  Under the U.S. Environmental Protection Agency's recently announced framework for addressing new per- and polyfluoroalkyl substances and new uses of PFAS, entities should prepare for increased scrutiny and develop the necessary data prior to submitting premanufacture or significant new use notices, say David Edelstein and Charles Dennen at Archer & Greiner.

• Contract Disputes Recap: Timeliness, Evidence, Fact-Finding

  

  Edward Arnold and Bret Marfut at Seyfarth Shaw look at three recent opinions from three stages of government contract claims litigation about avoiding untimeliness by ticking procedural boxes, supporting factual positions at the summary judgment stage and how the appellate boards review default terminations.

• California's PFAS Bans May Have National Ripple Effects

  

  As California moves to phase out per- and polyfluoroalkyl substances from many categories of consumer products, other states may soon follow — so manufacturers would be well advised take action now, or risk losing substantial market share, says Vineet Dubey at Custodio & Dubey.

• What's Causing EU-US Impasse On Steel And Aluminum

  

  The EU and the U.S. have made limited progress in negotiating for a Global Arrangement on Sustainable Steel and Aluminum, and they face high obstacles to meeting the fast-approaching October deadline, say attorneys at Akin.

• Perspectives

  Mallory Gives Plaintiffs A Better Shot At Justice

  

  Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.

• Why Justices' SuperValu Ruling Wasn't Quite A 'Seismic Shift'

  

  Notwithstanding an early victory lap by the relators' bar, the U.S. Supreme Court’s decision in U.S. v. SuperValu Inc. was a win for both whistleblowers and sophisticated companies, but unfortunately left “subjective belief” to be interpreted by lower courts and future litigants, say attorneys at Baker Donelson.

• Gov't Contractors Should Prep For Increased AI Scrutiny

  

  As the U.S. Department of Defense considers how artificial intelligence development can be helpful or harmful to U.S. national defense, government contractors and industry actors can prepare for emerging guidance and requirements by looking at lessons learned from prior cybersecurity measures, say attorneys at Wiley.

• Courts Can Overturn Deficient State Regulations, Too

  

  While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.

• Tales From The Trenches Of Remote Depositions

  

  As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.

• The Legal Issues Flying Around The Evolving Drone Market

  

  As the number of drone registrations is expected to more than double over the next three years, the industry faces new risks and considerations related to privacy, Fourth Amendment, criminal, evidentiary, First Amendment, and insurance litigation, say attorneys at Covington.

• Insurance Coverage For ChatGPT Legal Fiasco: A Hypothetical

  

  William Passannante at Anderson Kill draws on the recent case of an attorney sanctioned by the Southern District of New York for submitting a ChatGPT-authored brief to discuss what the insurance coverage for the attorney's hypothetical claim might look like.

• Tide May Be Turning On Texas Two-Step Bankruptcy Strategy

  

  Recent developments in several high-profile bankruptcy cases suggest that the use of the Texas Two-Step to shield solvent companies from tort claims may be falling out of favor, but until the U.S. Supreme Court hears one of these cases the strategy will remain divisive and the subject of increased scrutiny, say attorneys at Rivkin Radler.

• How Multiagency Sanctions Enforcement Alters Compliance

  

  Recent indictments and guidance emphasizing scrutiny of third-party intermediaries make clear the government's increasingly interagency approach to sanctions enforcement and its view that financial institutions are the first line of defense against evasion efforts, particularly in connection with Russia's invasion of Ukraine, say attorneys at Ballard Spahr.

• Bid Protest Spotlight: Errors, Experience, Corrective Action

  

  In this month's bid protest spotlight, Krista Nunez at MoFo looks at three recent decisions from the U.S. Court of Federal Claims and the U.S. Government Accountability Office considering the resolution of proposal inconsistencies through clarifications, the importance of reading solicitations in full and the scope of an agency’s corrective action.

• Level Up Lawyers' Business Development With Gamification

  

  With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.